Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1911-09-07
WILL ENFORCE new
LARD LAW
Held by Attorney General Constitu.
tional and to be Enforced by
Food Commissioner

pinion that the law passed by the
last legislature, established the le-
gal weight for lard and lard substi-
tutes, and for bread, is constitu-
tional, Food Commissioner Ladd
gives due notice of the future en-
forcement of the law. In a recent
bulletin he states that packers have
shown a disposition not to correctly
and fully label their cans or con-
tainers of lard.
The attorney general holds, in an
opinion of August Is, that lard can
not be put up inzgross weight con-
tainers and labeled for net weight :
and legally sold. Neither can lard
be legally sold under this statute
when put up in two and half
pound containers, and labeled two
and half pounds.
Neither can lard be put up and
sold in No. containers, which the
public supposes to mean five pounds
net lard and without indication of
the net weight. Neither is it legal
to sell lard in pail marked &C o.,
which is equivalent to Alb pounds,
and intended to take the place of a
5-pound pail or container.
The attorney general further adds:
You further ask: Would be JUS
titled in bringing complaint against
packers or retailers whose lard is
labeled sc OF. net weight? Can
lard compound or lard substitutes be
sold in other size containers than net
1 pound, or some whole multiple
thereof, as 3, or 10 pounds.
The Law plainly states that where
lard is put up in containers, or pals,
thatsit shall be put up in one, three
or aFse pounds net weight, or some
whole multiple of these numbers,
and not in fractions thereof. Sixty
six ounces would not be whole null
tiple thereof, and therefore think
it is prohibited by this act, and you
would be justified in bringing action
against the offenders.
think the intent of the act is that
lard substitutes shall be subject to
the same rules and regulations as to
weight, etc., as lard, although the
language is not as direct and certain
as might be desired.
While the act seems particularly
to be aimed at short weights in the
lard trade, am constrained to hold
that the title is broad enough and
certain enough to make the entire
act constitutional, and it is the o.
pinion of this office that chapter 236
of the yaws of 1911 is constitutional.
Commissioner Ladd adds on his
own responsibility:
The above information is given to
the public for their guidance; the
public has right to know what in
depreciation is placed upon the sta
tute by the highest authority below
the courts of the state. I take it,
therefore, that every dealer OF lard,
lard compound, or lard substitute
in the state of North Dakota, and
every party who ships into the state
lard, lard compound, or lard substi-
tute, which is not in compliance with
the requirements, does so In direct
violation of the state law. Reason
able time will be given for the clean
ing up of lots of lard and lard pro-
ducts on the shelves of the retail
dealers, but notice is hereby given
that this department will contest the
further sale of short weight or I'M
properly labeled lard in the state OF
North Dakota.
RAILROAD COMPANIES PAY
JUDGMENTS