Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-04-13

St6uCC huOWu as UutlSTluCs Lu6I IuS
only effect Of butterine was to give
flavor to the butter and that it hal
nothing to do with its wholesomeness.
that the article sold to the prosecuting
witness was a nutritious article IT
food, in all respects as wholesome as
butter produced from pure unadultrat-
ed milk or cream: that for the purpose
of manufacturing and selling this
oleomargarine he had invested largo
sums in real estate. mach merry and
ingredients; that in his traffic in this
article he made large profits; and t
prevented from continuing it the value
Of his property employed therein
would be entirely lost, and he be de-
prived If the means of livelihood.
The rejection of this proof by the
trial court and the conviction AMI
judgment against the accused were
, were sustained by the Supreme Court
If that State CT the United States,
and Justice Harlan. in delivering the
opinion fer the latter tribunal said:
It viii be observed that the offer N
the court below wns to show by proof
, that the particular article the defend
, ant sold, and those in his possession
, for sale, in violation Of the statute,
were in fact. wholesome and nutritious
: articles Of food It is entirely con-
g'stent with that offer that many. in
deed. that most kinds of olemargarine
, butter IN the market contain ingre,7-
= tents that are or NAV become in
=, furious TO health. The Govt cannot
y say from anything of which it may
i, take jvrs cfaI cogu' zance. that such
=, Is not the feet Ever possible pre-
-, eun0rfnr. Chief Juetsca Wait said
: enaokinr for the Court in Sfurfre
, Fund Cases. 90 Z. S. 700 us is in
fo-or of Tho ra'i1itv IF Gra statgta
: and this c0nl.n77os Jiatfi tho contrary
i / shown hovo79 ? rational Forbt
One branch Of tho government oo1
: not a--raaob on +ha drr,7i7 r 9r
without dancer The earafv or or-
i institutions ro7777s IN no small DO
cree On a strict observance of this
~ e9rrt2rv ru1a
u Soc 91eo Fletcher rao'--f r-7no3
'5 SIPS dartmouth rorrooa v wood.
~ rrard .7.-haat 512--a-7 ff,,inoe,o-, =
~, -7ar+f~r-~o 40. y ~ Xxx and a.
III If docs not annaar NJ p The face Of the
Statute or from ar facts If v,n:of,
VI The Court n,uzzt to-. judicial cognf-
~ zanoo fiat if infriuros rights secured
hv the funaamen+aI law the 7 aa.s
~ la+iva determination of those $
~ l. conclusive 1,ncn tha Courts IT g
~ nf+ . mart of tboir functions Ia co,
durt investigations of facts enterin-
'1 mo Questions of Dub.ic Dr1.cv merely
~ and 70 sustain or Illustrate the legfs
i- }arfva viii ar.bo1fas in statute a.
a fr.-,, nev hon7an IN -.,nr.va mr. f:-
III ar,.,~.7--3 7+- Fe+or-... H., of s,.cf
ar r,,.+.r,e, = al ~. ,or Ia s.id =
l.
u -, l.7raoaz-q..iT,- o-,-raez=,-a f., troe.
nj r,-ar1,sa 7-l,~fro- or sar7ir7, v-bor,e,n7t
.,,r,rr~,a-.l-,.f,,9 80 o., 80, ,,e r-o,,
or ttair an.aaI must r., "a IA Ta1ie
IT fa+,rro or 70 +bo be.,+ - NOT +,
ny +ra f-diria~v
ei r7Eo ratfar c,n mot tvlorrora 1,itr,o,-
nut ,,-,,r9f,r, -,,,,..,,- oc,,,,,ittod to orotbo
or h,,ancr, IF ~,,,-a,,,,r,a1t
as Laws restricting the hours of labo
u.s. in some form, have been enacted Il
IN many Of the states, and these statutes
1t, when relating TO avocations that aztec
loF The health or safety of the peopl
a. employed, have generally been sus
lbs tanned by the Courts as not in ccngiC
nj with state or federal constitution
ge cxcept in Colorado,
TO- Aside from these cases in the 81
by preme Courts of the United State
eW and of Utah and Missouri sustainin
of ci,ni1or onoc+rncr+s d;~oot,v Iir,itir
the hours of labor in places named i
the our Statute, there are many able q,
ub cisions maintaining this general do,
re, trine and UNFOLDING various acts sim
ter lar in principle among which are tn
or vigorous opinion by Justice Field
ell re Newman, 9 Cal. SIS, later adopta
ght by the Court in re Andrews Is ca
in 685, and the numerous cases cited
the State V. Havnor, State v. CantweU, j
be re Northrup II Ore. 400, State
of Petit, Il MINI o78 and in re Boyc
lch Sanders V. Connu, II S. W. 1853. Butl'
or V. Chambers sc MINI II. State '