Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1899-04-07
Dairymen Sustained.

Judge Sharp, of Baltimore, handed down
an opinion in the Criminal Court ON Thurs.
DAY oil last week sustaining the demurrer To
the Indictment brought against Henry A.
broadOent Tor refusing TO register his herd
oil cattle with the Live Stock Sanitary Board
OF Maryland This act provides that dairy.
man, herdsman or private individual sup
plying milk to cities, towns and villages
without registering his cattle can be fined
not less than I'll nor more than $40 for each
offense.
II was commended by counsel for the &C
cused that the statute is void because it con-
hicts with the principles OF equal rights laid
down IN the Declaration OF Independence !;
that II is unconstitutional, is against the
Bill OF Rights, is against the valid exercise
OF the police power Oi the State, and that II
places the livelihood Of large class Vi IN en-
at the mercy OF II board vested with arD-
trary powers.
ut was agreed at the hearing" says Judge
Sharp, III his opinion, that there are dairy
men, herdsmen aud private individuals who
do not sell milk to cities, towns aud villages,
and that among them are at least the follow
Ing CLASSES VI persons, VIZ; those VINO sell 10
persons living in country neighOOrhouls,
those who sell 10 creamerles situated IN the
country and which make butter and cheese,
those who sell To country store keepers and
those who sell To middlemen.
at is contended for the State, in support
OF the validity OF the law, that milk Is an
important article Oh food aud u fruitful source
OF disease; that IL Is particularly important
in the diet OF the sick and young, and that
the public health requires that the milk
supplied the community should be nutrl
tious and pure; that this can Oe obtained
nv Ia A m Al aI
and care OF cows, and in no other way, and
to secure this the State may, by virtue OF its
police power, regulate the construction and
use Of stables and the care OF COWS"
Judge Sharp says further that II 10 not the
existence Of the power To pass laws reBu-
lAting the construction OF stables belonging
To persons who sell mix which Is IN con.
trOversy, but ii is the Unequal manner Ul
| its exercise.
tine object of the law, says the opinion,
bis the protection Of the health OF the people
di the State; but the proposed classification
"ear5 no just relation To that purpose, 1t
Does not appear that those supplying milk
10 cities, towns and villages keep their sta
bles IN any worse condition than others, or
that their cows are not as well cared tor
| IL cannot be said that the inhabitants OF
cities, towns and villages are more Liable u
disease caused by impure milk than others
or that they have any peculiar need tor the
protection OF such legislation.
mo reason appears why the Legislature
should be more soicitOus OF the health o
residents OF cities, towns and villages than
OF the health OF those residing in the cOun
try. No reasons exist requiring, on account
OF the health OF the community, that they
should be the subject of special regulations
Al! dairymen, herdsmcn and private lndI
viduals stand IN precisely the same relation
in the object of the law The injury 10 the
pubic from impure mix is the same IN any
case. The obligation 70 supply pure milk
is as great in the case OF those selling in
country neighborhoOds as in the case Of
those selling To cities, towns and villages
1t follows, the Court says, from what the
opinion contains, that the demurrer will be
sustained.