Evening star., 1896-12-19
DAIRY INSPECTION.
Minnesota Supreme Court Decision on
the Subject.

Minnesota Supreme Court Decision on
the Subject.
In view of the discussion which has been
going on recently relative to the regulation
of the dairy business il the District, par
ticular attention is attracted to a late de-
cision of the supreme court of Minnesota
The decision, copy Of which reached
Health Officer Woodward in the mail this
morning, sustains the milk and dairy or
diLance of Minneapolis. providing for the
inspection of dairy herds outside the city
and the use of the tuberculin test
The similarity of the Minneapolis ordi-
nance to the law in force in this District
and the fact that it was passed subseulent
to that law. might lead to the Inference
that it was modelled after the District
Statute. with certain improvements, which
pending legislation seeks to add to our own
law.
Among other provisions in the Minneapolis
ordinance, the validity of which was sus-
tanned. is the following: After such exam
ination and inspection of the dairies and
dairy herds, as hereinbefore provided the
department of health shall tag each and
every animal so examined, which tag shall
be OF such character as to afford a per-
manent record of such examination and
the result of the same as regards the pres
ence or absence of an infectious or con-
tagiouS disease
The decision of the Minnesota supreme
court says:
The objection is that the provisions of
the ordinance are not within the limits pre-
scribed for it by the statute for the reason
that II Is attempted to make its operation
extra-territorial, in that it provides for the
inspection of dairies and dairy herds out
side the city limits. There is no merit In
this point. The manifest purpose of the
statute under which this ordinance was
passed was to enable the city council 10
adopt such reasonable police regulations as
would prevent the sale of unwholesome
milk within the city, and not merely to
prevent the keeping of unhealthy dairy
herds within the city limits.
1T is a matter of common knowledge that
much of the milk sold in a city is produced
in daiiies situated outside The city limits
Any police regulation that did not provide
means for 1nsTring the wholesomeness of
milk thus brought into the city for sale and
consumption would furnish very inadequate
protection to the lives and health of the
citizens. 1t is also matter of common
knowledge, as well as of proof in this case,
that the wholesomeness Of milk cannot
always be determined by an examina ton IF
the milk itself.
ITO determine whether it does or does not
contain the germs of any contagious or
infectious disease it is necessary to in
spect the animals which produce it. The
inspection of dairies or dairy herds out
side the city limits, provided for by this
ordinar &c, applies only to those whose milk
product it is proposed to sell in the city
The provisions OF the ordinance In that
regard go only SO far as 1t is reasonably
necessary to prevent the milk of diseased
cows being sold within the city. This In
spection is wholly voluntary on the part of
the owner of the dairy or dairy herd.
IF he does not choose to submit to such
inspection the result merely Is that he CT
the one TO whom he furnishes milk cannot
obtain license to sell milk within the
city. The ordinance has no territorial
operation and there has been no attempt
to give it such effect. The only subject
upon which it operates is the sale of milk
within the CITY,"