Alma record. (Alma, Mich.) 1878-1928, 1908-10-01
Two Juries on Minich Milk L.
censs Case Are HopeIessly
Divided.
DOTH OUT OVER THREE HOURS
Case Consumes Nearly all Of Two Days
And Attracts UnsuaI Interest.

A case attracting more than usual IN
terest was tried in Justice J. l. Spin
ney's court last Friday. Mrs. Ida Min
ick was the defendant, she being charg-
ed by the City of Alma, through its
health officer, DR.. E. T. Lamb, with vio-
lating the milk ordinance. The milk or
dinance, which is ordinance Al of the
city ordinances, provides that any and
all persons. engaging in the business of
selling milk shall first procure license
Of the city, this license to cost 30 cents,
and to give the city health authorities
the right to at any time make an exam
nation of the sanitary conditions under
which the milk is taken. handled and
sold
In Mrs. Minicks case it was alleged
she sold milk on or, to-wit, September
10. and that she sold his milk without
having first taken out license. City
Attorney J. G. Kress appeared for the
people and Bert Hayes for the defend
ant.
At the offset the validity of the or
dinance was not questioned. The defend
ant stood mute Evidence tending to
substantiate the claim of the plaintiff
relative to the alleged sales was pre-
sented. The defendant did not seek to
contradict the same.
In arguing the case, however, the de-
fendant's attorney, Hayes, raised the
point that the ordinance was intended
TO apply only to those who made busi-
ness of selling milk, and that the de
fendant did not make business OF sell
ing milk. Furthermore, he contended
that the warrant was not specific in its
charge as to time, date, person and cir
cuuistance, and hence could not be
holden
In meeting these objections, City At
torney Kress stood on the ground that
to engage in any sale was to engage IN
the business And that the warrant was
drawn in exact accordance with the stat
ute provisions for warrants against vio-
lation of the city charter. Both attor-
neys went into the legal problem quite
deeply before the case was submitted TO
the jury.
After being submitted 10 the jury, the
latter retired and remained out for sew
eraI hours, finally reporting they were
unable to agree. The final ballot stood
4 to 2 for conviction. Justice Spinney,
IN view of the fact that the jury had
made an earnest endeavor to get to-
rether, but could not, discharged them
and the case will probably be retired.
The original warrant in the case was
against John Minick, but was dismissed
on the ground of being insufficient. The
second warrant was then prepared, but
Mrs. Minick was made the defendant on
the ground that she was the one who
actually sold the milk.
Alma milk venders and the public in
general have become quite interested
ever the milk license question. The or
dinance covering these licenses reads
that any person engaging in the business
of selling milk must take out license.
The license costs fifty cents for from
one TO FIVE cows, and ten cents addi-
tional for each one above the number of
Eve.
There are 46 licensed milk venders i'll
Alma, and 81 Of these have only one
COW. 1t is the contention of DIR. (. L.
Lount, the health officer. that these
licenses are only demanded as a protec-
ton to the public health. Once a man
licenses a COW, the health officer, by
rights allowed in the application for
a license, can go upon the premises and
examine the sanitary conditions. DR..
Lount and City Attorney Kress both con-
tend that man selling milk from one
COW is as much in the business as though
he has twenty.
On this point there seems to be di-
vision of opinion. No one questions
fhe validity Of the ordinance No one
claims il is source Of revenue to the
city, as il costs far more to make the
proper investigation when a license is
asked for than the city gets out OF il
in the ffty-cent fee In the Minich case
now before the courts, the jury dis
agreed on the point OF whether selling
milk from one COW constitutes being in
the business. II has been decided by
sides to submit only prima facie case
before Justice Spinney, and then carry
the case to the circuit court, where tho
legal question raised can be passed up
on. Honest difference of opinion exists
as to which is the right side of tn,
question, and it would be we'll for thos,
on both sides. who are absolutely Ger.
tain to wait until the court has passed
on the question.
The ordinance is unquestionably ar