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

Messrs. Ball, Watson. Young & Law
renee and A. B. Stratton, esq, APP
pearing for the defendant.
This 81 is brought to test the
constitutionality of chapter 236, laws
of 1911. A multiplicity of actions will
thereby be prevented. In form the ac-
ton is criminal and is brought against
the defendant company under section
1929, revised codes Of 1905.
The information charges that the
defendant, at Fargo, NJ. D., Sept. s.,
1911, did wilfully and unlawfully of
fer for sale n did sell to one e. r.
Ladd a quantity of lard and not in
bulk, which said lard was Their and
there put up, sold and delivered to
said r. F. Ladd in a pail which then
and there held more than two pounds
and less than three pounds, net weight,
of lard, to-wit, two pounds and six
ounces Of lard, and which said pail
or c%ontainer did not then and there
have or display on the face label
thereof the true net weight of said
lard in even pounds or whole multi
pies thereof, but expressed the weight
of the lard in pounds and ounces"
A demurrer was interposed upon
the grounds that the facts stated did
not constitute q cause of action. This
was overruled pro forma, a plea OF
mot guilty was entered, a jury was
waived, and the issues submitted to
the court for decision. Evidence, both
for the state and the defendant was
offered.
/. Upon the demurrer it was urged
that chapter 236 of the laws Of 1911
q lnoe, ~n1A - g. 49, -
or the selling of lard in nj and
form al the same vas sold in this
case, and that the only thing which is
penalized in said statute is the put
ting up of said lard in form as re-
CURED in section 2 thereof, and this,
having been done outside of the state
of North Dakota, could not in any
event be made a crime within the
state.
Such a construction, it seems to the
court would do violence to well-set-
tied rules for constituting statutes. The
title of the act indicates that it is
AN act to regulate the SALE Of food
products" etc. Section 1, in part, is al
follows: Every article of food, or
beverage, as defined in the statutes
OF this state shall be sold by weight,
measure or numerical count etc.
And then in section q, discussing the
subject of lard, it adds: Every lot
of lard or Of lard compound or of
lard substitute, unless sold in bulk,
shall be put up in pals or other con-
tainers holding one Cd, three (3), or
five CD pounds net weight, or some
whole multiple of these numbers, and
not and fractions thereof. If the con-
tainer be found deficient in weight, ad-
ditional lard, compound, or substitute,
shall be furnished to the purchaser to
make up the legal weight. The face
label shall show the true name and
grade of the product, the true net
weight together with the true name
and address Of the producer or job
Der. If other than leaf lard is used
then the label shall show the kind, as
back lard or intestinal lard. Every
lard substitute or lard compound shall
also show in q manner to be prescribed
by the food commissioner, the ingred-
tents OF which it is composed, and each
and every article shall be in conform
ity with, and further labeled in ac-
cordance with the requirements under
the food laws of this state
The fact that the reference to the
putting up" of lard, lard compounds
lard substitutes is found only in
section 2, does not in any manner limit
the language of section / in its appli-
cation to the entire act. The division
of q chapter into sections is purely
an arbitrary matter, and in constru-
ing the law the court must give weight
to all the language of the chapter
/ can hardly assume that the legis
lature would attempt to prevent per
sons from putting up lard in any form
which might please their taste of con-
venience, for certainly the genera
public could not b. affected in any
by such act, 1t is only wher
the lard Is attempted to be sold thai
the public is interested. A reading
of the entire chapter ender this po-
sition very clear. The offense, there.
fore, il any, that has been committed
is not that of putting up" but OF
selling 1t is conceded that defend
ant in this case made a sale at Fargo
N. D., hence the contention made by
it that it is an attempt to punish de.
PENDANT for an act which was com
mitted wholly outside of the state oil
North Dakota would not apply.
2. 1t Is further urged that the aci
in question is special legislation II
tina "the act does not by its term.
embrace and cover ali pastry short.
enings which are in the market and
which are commonly used for the sam,
for which lard, lard com.
pounds and lard substitutes are used
n by reason thereof the said Law
s#
a burden upon the defendant in. respec.
of the products mentioned in said ac'
which is not placed upon other pastry
shortcomings which are on the marke
and extensively used for like and TIL,
same purpose In other words. it ii
claimed that this is special Legislation
and thus prohibited by the constitu.
ton.
This position is hardly tenable, ii
view of the well-known fact that 81
far as this country is concerned from
time immemorial lard has been tn,
common pastry shortening: so muci
so that the word has become genera
in its use, and used In connection
with the words, lard substitute am
.slard compound refers to all thos,
shortcomings containing the animal fat
which, co~ncededly, cotton seed oil
crisco, olive oil and other pastry short
enings do not. It would therefore ap,
pear that the classification is q natura
one. The position taken by the de
PENDANT it seems to me, is so extrem,
that IL adopted any classification
whatever would be quite impossible
In discussing the question of classi
fication. the court In Edmonds VS.