The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-20

the manufacturer and keep on hand
to I'LL orders from several states. That
there is nowhere in the United States,
or in the world, any law or require
ment such as the North Dakota law,
requiring a certain and particular size,
n that the purpose of the law is
solely to fix a standard size of pack
age heretofore unknown to the indus-
try. That a gross-weight system OF
sales is universal, and practically all
food products in convenient form are
sold, as for example, coffee, crackers,
tea, tobacco, or in fact anything OF the
general goods bought in convenient
form.
Counsel for the defendant claims
the effect will be that the expense to
supply the market of North Dakota
with new sizes, to this one company
alone, which furnishes but 1000 tierces
In all per annum, coo per cent of
which is in pail form, in the one item
of change of electro plates, dies, ma
chinery, would be $1I.337.46, and that
all other packers, large or small, would
be compelled to undergo the same ex-
pense proportionately, or go into the
open market at a larger expense and
secure pals Of required sizes, and that
this definite expense would be renewed
every five years, or whereabouts. That
other items of expence would be more
TIN, extra size crates, extra expense
In accounting departments, extra price
lists, ETC., and that the additional cost,
with additional labor and cost, would
add IL cents per pound to the net
weight. That this would undoubtedly
be borne by the consumer, without
any additional benefit, or the most
likely result would be that the people
would moi pay the additional price and
would be forced back to purchase in
bulk and e-establish the old and un-
sanitary conditions. Further, that to
supply the markets of one state, not
with a purer product, or with any more
fairness as to weight, but simply with
a different size or shape tin, will re-
quire of every packer to conduct sep
arate operations and transactions from
every other part Of his business, as
follows: Separate operation of ma
chtnery; extra and separate stocks OF
tin; separate and extra stocks of fin
ished pals; extra accounting, book
keeping, inventory, reports, ETC.; sep
arate and extra stock Of crates; a spe-
cial size of tin would be required to be
always on hand, requiring investment
OF a very large sum of money, it re-
curing a considerable time to get the
necessary n required sizes, not be-
ing standard sizes in the market. That
it would be practically impossible &c
conduct the business, or it would be
l naPaEGarV. RI. an11H1Inf ~ of q Lose hn-
cause, in order to meet competition ii
is necessary to ship from any fac
tory, and it would require a stock OF
all these extras, including the filled
extra size pals, at every establish
ment-a necessarily large investment
in stock without movement. That
much would be spoiled by lack Of
moment; mail order houses anC
wholesale houses would purchase gen.
orally and either produce unjust con-
sequences, or be themselves put to the
expense of keeping separate stocks fol
one small market; the spoilage alone
would be sufficient to practically pro.
hibit the business. The stock cou1C
not be kept fresh by distribution.
That the above are not matters o.
Inconvenience or incidental expense
attached to the operation of the bust,
ness, which ordinarily must give wa!
to the police regulations of the state
but are restraints upon the bushes
of all packers to such an extent tina
the business could not be continued
not only would a legitimate bushes
be practically prohibited, but the PEG
pie would receive no beneft-on tn
contrary, detriment; they would b
prevented from exercising their full
right of contract and from gettinI
goods in a convenient and sanitar,
form, as no one can by Legislation
be protected from heedIessness an,
blindness to obvious facts; the con
sumner is protected in every way as t,
quality and net weight of good he re
ceives; and the net result is the pre-
venting, or arbitrarily restricting tn
operations Of a legitimate business AM
the legitimate sale by a manufacture
of a commodity in a size which ha
been the established size for man.
years, and the preventing of a pur
chase by a consumer Of the packag,
in the size which he may want ant
has a full right to buy.
lie COHL6IlIlOHS OI COuuS6l nave thu
been given with unusual completeness
not only for the purpose Of stating tn,
same fairly and fully, but also to il
l~ustrate how, upon so important
question, such a diversity of opinion
can exist between men of such wild,
experience, known probity and learn
ing.
North Dakota seems to have been
pioneer in enacting this statute witt
reference to lard. In fact, no othe
state, in the union at the present time
so far as ! know, has such a law, al
though some other states have in
voked the principle here inolved. TIL
Importance Of a correct conclusion ca
therefore be easily appreciated
The fourteenth amendment, sayinI
that, mo state shall make or enforc
any law which shall abridge tn
privileges or immunities of the citi
zens of the United States, nor shall an
state deprive any person Of life, lib
| erty, or property without due process
) Of law, nor deny to any person witlf
its jurisdiction the equal protection q
the laws" resulted from the Civil wa
and was enacted primarily to guaran
tee to the black ma his rights whe
denied by the states. It's Ianguag,
however, is broad, applying to all citi
l zens and corporations alike. Th
books are full Of decisions, and tex
) writer's have prepared volumes con
corning the scope of this amendment
1t is very easy to state general prin
ciples, but the practical applicatio
> of these principles to particular case
] as they arise is a matter of perplexit.
1t appears that the statute was en-