Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-01-23
THE DoB VEAL LAW DECISION.

THE DOB VEAL LAW DECISION.
| We believe Judge Tyler of the ST.
preme Court OF Vermont was right.
and those who differed with him were
wrong, when he held that the ques-
| tion whether calves less than four
poses is within the police power of tho
state, and that there is no conflict
of authority between the federal and
state laws in this matter
| The majority decision of tho court
Is that the law passed in 1906 In re-
lation to bob veal" is null and void
because 1t is in conflict with the in
terstate commerce act The law in
| question provides that "a person who
| sells or offers to sell or keeps with In
tent to sell for food purposes. or ships
ont OF the state, or keeps with intent to
ship out of the state for food purpose,
the flesh OF any animal or fowl which
died or was killed when diseased. Or
the flesh of a calf which was less than
four weeks old, or weighed less that 90
pounds. dressed weight, when killed
shall be imprisoned not more than one
year, or fined not more than $500 or
both"
In the first place We can not know
for certainty that bob veal" is to
be shipped out of the state. Under
the protection that the courts deci-
sion would afford, there is nothing to
prevent a dealer in this stuff from
selling his entire product within our
borders, while leaning on the inter-
state commerce act passed by Con-
gross. There may be no actual inter
state commerce involved, and yet 4
federal statute is made to prevent our
people from guarding the purity Of
their food supply.
Moreover If this State law can be in
| tcrpreted to be in conflict with the fed
cral statute in relation to freedom Of
commerce between States, what right
has this or any other State to pass
law to prevent killing or causing to
be killed FOR the purpose Of sale for
food diseased meat which the owner
intends to ship to Boston or some other
point or possibly sell at home, as in
the case Of bob veal, Both these
products are deemed unit for food.
Can we as a people say through our
law-making representatives that
meat dealer can handle the ono with
immunity and be punished for deal
Ing in the other? Is one operation
any more in conflict with the inter.
state commerce law than the other.
particularly II the product in each in
stance is actually to be shipped out
Of the State? Is our law against dis.
eased meat also null and void because
it interferes with Interstate commerce.
IF we cannot protect the public from
UNIT food, produced within our state
boundaries, because the producers may
possibly want to ship it out of the
state, whore is the line of limitation
to be drawn between legitimate laws
for the protection of our food prod
ucts? Why will not a similar applica-
ton of the rule laid down by our SUI
alton of any food product, especially
If the ingredients are not harmful but
simply cheaper than the genuine ar
ticle?
1t seems to rs that our supreme
bench has opened the door by this in
depreciation to an almost limitless
number OF abuses of our food laws. |
even II the application OF the theory
may not also be made to embrace still
other police powers Of the State. For
example, if our State has no right to !
prevent immature meats from being
handled in the way of food traffic (
within our own boundaries, can we
punish violators Of laws for the pro
motion of pure milk, when lacteal fluid !
is now being shipped to Boston and |
other points out Of the state? How |
can we prevent a man from brewing !
beer or manufacturing wine or other !
liquors that may be shipped out of
our state and thus made an article
Of interstate commerce with tho adj
ditional protection of federal IL
cense' In short whore is the appli-
cation OF this principle to end,
With all due respect TO our supreme
tribunal II seems to us that the posi-.
ton taken by the majority is un-
tcnable, and that Judge Tyler was
right when he held that tho state has
the right 10 exercise police power over
the acts Of Its own citizens that con-
nct with tho public health and the
physical webbing of the people.
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