Bisbee daily review., 1909-04-23
DOUGLAS ORDINANCE
 HAS DOUBLE EDGE
Milk Ordinance Is Being Tried Out Before City Police
 Court

DOUGLAS, April 22-(Special)-
 While he hasn't asked for the in. formation. doubtless City Attorney Lockwood would like to know how the milk ordinance is imperative when it permits the board of health to seize and destroy old Bossy's product and also to cancel the permit of him who peddles the product. It probably strikes him that such pro eedure would be greater punishment and, therefore, would make the ordi- nance more effectively operative than a mere fine or few days i'm prisonment.
 This IS one view of the thrilling milk ordinance question which is now agitating the polite little circle of which Judge Ben Rice Is center. As Mir. Lockwood views the matter, there are two offenses under the milk section of the health ord nance. one of these is for adding to or taking from the milk: for thls the punish ment is fine or Imprisonment. The second offense is for selling adulter ated milk, the word "adulterated" be- ing clearly defined; for this the milk may be destroyed and the dairymans hermit revoked
 Under this milk ordinance J. H. Dayidson recently was arrested. but, 1t appearing to City Attorney Lock. wood that the wrong procedure had been taken, he dismissed the case Davidson's permit, however. may be revoked.
 MT. Lockwood explained his action in dismissing the Davidson case to an International reporter
 "As will be seen by an examination of section 15 of the ordinance" he said, there are really two offenses in dealing with milk; one being the selling of milk to which some for eign substances have been added. or from which the natural cream has been removed. and the other being the zel,Ing of adulterated milk, which term Is clearly defined in the ordi- nance
 "Tke first offense is punishable by fine or Imprisonment, while the lat ter only involves the destruct'on of the adulterated milk. and in extreme cases the revocation of the permit to sch milk.
 "The complaint in the Davidson case was fled during my absence and immediately On my examination of it after my return 1 discovered that it did not charge an offense punishable in the courts. but only one punishable by destruction of the milk and revo- cation of the license. For this req son it was dismissed. I then iDves- tigated the evidence and found that while the milk tests made by the health officer showed Mir. Davidson s milk to be considerably below stand ard-it having been tested on sever al different occasions-yet there was no conclusive proof that the cream l had been removed or any foreign kSubstance added. The only action therefore, which could be taken lagainst Mir. Davidson was the destruc- tion of the milk. and if the board of health deemed 1t necessary, tho revocation of the permit to sell milk 50 far as l can see the ordinance | Is certainly not imperative It is simply that under the facts the wrong procedure was taken. and I am informed by the health officer that | Mir Davidson will be cited to appear l before the board and show cause why his permit should not be revoked
 The distinction in the ordinance | which provides a fine for one char acter of offense and destruction of the milk for another probably was made out of respect to old Bossy. As Mir. Lockwood pointed out, it is con ! eeivabIe that for one reason or an other old Bossy might not be in such condition that her milk would meas ure up to the standard required by the solons of Douglas. all through nc | fault of her own. Pick.ngs out on the dry farm might be rather slim or maybe something else might cause 1 her product to be a little weak in butter fat. In that event, it would hardly be the right thing from a nor al standpoint to arrest Bossy's mas ter and throw him in jail. all because she was a little out of condition. Bu'
 at the same time it wouldn't be doing the right thing by the public to per
 init that sort of milk to be sold
 Therefore the thing to do would b'
 to stop the sale of the milk, and fo
 punishment for fragrant and contin
 ued violations to revoke the mn
 mans permit.
 On the other hand, when a maj
 dopes the milk, or takes cream iron it, he is doing something of whicl
 he is conscious and something whicl
 is prohibited. This beng true, a fin,
 or imprisonment may be applie' !