The Saint Paul globe., 1900-01-19

toned upon the payment Of this fee, and
1t Is not so clear but that, being so con-
ditioned, and the. license being refused II
1t Is not paid such inspection fee becomes,
to. all intents and purposes. license fee,
which it Is conceded the city has no right
to exact. The inspection is necessary to
whether the applicant Is entitled to
license. and 1t necessarily follows that the
expense of ascertaining this preliminary
fact is q part of the expense Of the IL
cense.
In the light of all these considerations
we are of the opinion, and so hold, that
imposing an inspection fee as a condition
for the issuance of a license under the
authority conferred by chapter 203, Gen
eral Statutes 1886, and that to that. extent
the ordinance imposing 1t is invalid.
Judgment reversed. Brown, j.
STAYS THE CLUB.
The decision of the supreme court,
which holds that the inspection fee clause
Of the milk ordinance is invalid comes
just in time to- prevent 100 owners Of
dairies and dairy herds from being forced
to pay $1,000 into the city treasury. The
health department has tried every scheme
to get the dairymen to pay the inspection
fee Of so cents per head, but was able
to get only sixteen dairymen to pay over
the money. A test case was taken to the
supreme court by John L. Town1ey, rep
resenting the dairy interests, and pending
the decision the dairymen, while not op
posing the inspection, refused>to pay the
so cents per head fee. The health depart
ment has sought to coerce the dairymen
to pay the fee, and the Womens Civic
league innocently, 1t Is claimed. had just
undertaken to help Dr.. Ohage out. The
Women's Civic league at meeting held
Tuesday took its first step. and Wednes-
day secured the names of the sixteen
a I.1-l A.
nance and secured a license. This list
was taken by the leagues representa-
tives to the various newspapers. The
inference to the general public from the
publication Of the list was that the other
milk dealers were not disposing of pure
milk, which was not only incorrect, but
unjust to the great majority Of milk deal
ers. While the health department stated
that but sixteen of the dairymen and
milk dealers had secured license, 1t
neglected to say that over 100 others had
complied
WITH EVERY REQUIREMENT
of the law, including the inspection Of the
CATTLE except that they refused to pay
the fee until the supreme court had pass
ed on the validity of the extra money
charged for inspection.
Since the ordinance went into effect
veterinary experts from the health de-
partment have inspected and tested for
tuberculosis $500 cattle in round numbers.
These were owned by liz persons, and or
the $500 examined 154 cattle have been
condemned by the experts. The sixteen
owners who paid the fees turned over to
the city treasury so, while the ex-
penses Of conducting the inspection costs
the city about $3.50 per month. The comp
troller when the ordinance was first
passed. announced that the inspectors
would not be paid until the money from
inspection fees was sufficient to pay the
salaries. AS in other cases where the
present administration IS seeking to make
a point the comptroller receded from his
position, and has paid the salaries OF the.
milk inspectors every month from the
general fund. In order that no injustice
might be done the Glob publishes a.
list Of the owners and dairymen Who
have complied with all the requirements.
Of the law, with the exception OF paying
a. 50-cent fee for inspection, and as tne
supreme court has decided the Inspection
fee mart Of the ordinance is invalid these
owners will not have to pay the fee. Thelr
herds have received the same treatment
as the sixteen who have paid IN tnelr
money, and their milk is therefore just
as wholesome and pure. This is the list:
THESE SELL PURE MILK
F. R. Peck, 1897 Edmund; F. Fl P1nska'
Edgerton street, New Canada; L; =.
Pinska. Edgerton street, New Canada. u.
H Moscrip, Hudson road. ss4 Mashl1SIsoaa sIs.a
county; H. schroeder, ace dS;ns street end em cet.
tage; G. A. Damberg, 1851 EdgerIton IRON
street; Jacob Bomgard, Rice street, New
Canada; William Dohanen, Rice street,
New New Ganad canada; q. a. Johnson. White Bear
road and Edgerton street; p. f. Hart
fieI, 1886 Mississippi street: G: G; 4 Peter
SSge New citnio Canada; Aibert Mundt Rice street.
New Canada; August Mundt, Rice street,
New Canada; Frank Mufried. Rice street.
New Canada: Gusippe Mosiello, Little
Canada: q. J. Malavern, New Canada;
G. R. Mcclellan Edgsrton rsade street strsef Mew
Canada; Joseph Schwarz, New Canada;
Rinehart Jopp. Woodbury., Mimi; Ed
ward Knowlan, Rose Town, @ Mil MINI; G3 Mm: ada:
Michael Klein, New Canada; A. F. Wof-
sher, Rose Town; F. W, Meyers, Wood
bury; William Oehlke, Woodbury., MINI;
Town; j. W. Howard. Cottage Grove,
MINI a Albert sdns Bahe ebgdan Gettadge Gon Gf0ne:
W. Mino.' 8. Keene' M )" cottage Grove MINI; Pet.
er. Thompson, Cottage Grove, Mimi;
VIM VIM. Polzin, woodbury.. MINI; Peter
Behrens, Cottage Grove MINI; MINI; ~ II 3.
Potthoff, Woodbury., Mimi; Charles Nc
Cam, Rose Town; Anton solur. lit
Idaho street; Fritz spadliina' ,,o Cottage dage
street; Ernest schlozer, 1906 Rice street;
Edward WEIGH, Langdonn, Mimi g. W.
Wilkinson, Langdon. Mimi; H. Le1er.
ton. Langdon, Mimi; Levi Bailey, Lang
don, Mimi; VIM. McMenamy. Maryland
avenue; VIM. Lasansky, Mackubin and
Lawson streets; A. e. Jackson. Langtry
ovan,,e corner South: Lothenbach & CO.
corner South Robert and Wentworth ave-
South Park, Mimi; Fred Obi, Carbon
street. corner Mackubin; John Bergmann,
corner cao oy anS ana Pbaen Avenue ehn
Baggeush, corner Suckney and Simpson.
Dakota county; Joseph Alberl. South st.
Paul MINI; II. A: Hamermeister, Stick
swartz, 9S4 Marion. street; H. An
derson. 1918 Albemarle street, r. 9. Mo
ser, corner German and Wentworth,
Dakota county; George Sccfield,. Cottage
ward Langdon, Mimi; A. Thom, corner
Woodbridge and Hoyt; Jerry DAILY, Lang
don; Swan Nelson, Langdon; John Hoi.
Thorn, 29i Lake Como ard phalen avenue:
John Bauman, corner Marion and Hoyt;
Frank Hollanitsch, 293 Como ana Phalen
avenue; john Benson, Gray Cloudi l..
Huebscher, Lake Como and Phalen av-s
John Burmister, saltwater Junction; An
ton Odermatt, Rose Town; A Mollet,
Rose Town; Frank Hall, Rose Town; v.
st. Paul Park Herbert -Ames, st. Paul
Park; c. Hoist, North st. Paul; Enick
Engstrom, North ST. Paul; Peter Cum
mings, Langdon; j. N. Crandall. Lang
= z1- 1 z- m
II