The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-15
POWDER LAW IS VALID
SUPREME COURTS sUsTAINs THE
MEASURE REQUIRING FORMU-
Lac ON THE LABELS
WITHIN THE POLICE POWER
Such Is the Ruling of tho
State Court as to
the Law of
1899.

Unless the matter is carried to the
United States supreme court, the decision
handed down by Justice Lewis, of the
state supreme court, in the baking pow
der case, will settle the dispute as to
the constitutionality Of the baking pow
der law. That is the section passed by
the last legislature requiring the con-
spicuous printing on the package Of the
exact ingredients of the powder.
Some baking powder companies COM
piled with the law, others did not. All
complained that the new law was an un-
just discrimination against them as 9TH
er food products were not imposed with
the same requirements. The contention
was also set up that the law was I'M
constitutional, because it came under the
mead of class legislation.
Because the law had a reasonable ten
dency to prevent fraud, the supreme court
holds that neither point Is good, and de-
! clares the law constitutional. The court
maintains that the law is a proper exer-
else Of the police power of the state.
The decision was rendered in three
cases, in which the state is respondent,
and NJ. H. sherod, D. w. Horrigan and
Pat O'Grady are the appellants.
LIE dppGlIdtllS were convicted III IIl0
municipal court of st. Paul of selling
unlabeled powder and appealed to the
supreme court. They were test cases
throughout In the case of Sherod, it
was admitted that he sold a cream Of
| tartar powder that was pure and con-
tanned nothing injurious to health. The
question was simply whether he could be
compelled to label the can.
! In the other two cases it was contended
ore Of
| tanned injurious matter
The court declines to draw a distinc-
| ton between the eases, but holds that 1t
is proper exercise Of police power in
| either case.
! The syllabus is:
| State Of Minnesota, respondent, vs. NJ.
ii. Sherod, appellant; State Of Mime
sofa, respondent, VS.. David W. HOrri
| gan, appellant State of Minnesota, re-
spondents VS.. Pat O,Grady, appellant.
Chapter 245, g. l.. 1899, relating to bak-
| Ing powders held constitutional, not be-
ing an infringement upon private rights
and not class legislation. Judgments and
! orders affirmed Lewis J.
Mary Sandberg, as administering Of es-
tate OF Gustav Sandberg, deceased, re-
Spondent, VS.. ST. Paul & Duluth Rail-
road Company, appellant.
Syllabus-Held, in crossing a steam
railroad, on a pubic crossing, at a place
! where there were only double tracks and
|
! was guilty of contributory negligence, in
| looking but once, and that before reach
! ing the tracks. Order reversed and a
| new trial granted. Lewis, j.
Dennis F. McGrath, as administrator OF
the estate of Henry Gowenlock, de-
ceased, respondent, vs.. Great Northern
| Railway Company, appellant.
! Syllabus-Defendant company was run
! ming passenger train pulled by two en-
! gines, double headers" The head en-
CINE was equipped with air brakes con-
nected with the train. No air brakes
| were upon the second engine. Plaintiffs
intestate, as engineer, was in charge Of
| the head engine and had control Of the
! train. The second engineer was COM
I municated with by means Of whistle sig
! nails.
! He'd in an accident resulting in the
| death Of the head engineer that the evil
/ dence supports the verdict for plaintiff.
! which was based upon the charge that
! the second engineer did not obe% a sig
! nal to shut off steam
Certain assignments Of error examined
and disproved of. Order affirmed
Lewis, J.