Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-12-18

iASAIS WAcll ucSCS6dIy " pTOteCC INC
public from fraud or the opportunity
for fraud. Whatever injury one par
%ticular citizen may suffer is compen.
stated to him by the general protec,
ton afforded him against other evils.
by such police power.
tute the taking Of property without
due process of law.
az The claim o%fsappellant that the
lard industry is singled out from all
articles of food and subjected to re
gulation is not supported by the evi.
Edence in this case. Every article Of
food or beverage as we'll as ordinary
articles of commerce such as paints,
formaldehyde, paris green, etc, are res
gulatcd by the same or similar acts.
The 1911 law specifically mentions
lard compounds, and lard substitutes
and the manner OF their regulation in
pals. but this is a mere incident OF
the law. The OBJECT of the law is to
prevent the opportunity for fraud III
the sale of all articles of food.
90 The claim of the defendant
that the law is in violation of the
commerce clause Of the federal CON
stitution is not sustained. Congress-
has control Of commerce between the
several states, with foreign nations
and among the Indian tribes, while the
states have control over intra-state
commerce. Tho pail of lard sold to the
food commissioners was shipped into
the state in a railway car and was it.
self contained in n crate containing 20
similar pals. The original package
was either the railway car or the crate
and had been broken prior to-the sale.
Thus the sale was q local or intra-
state transaction. The cases upon this
phase are collected lin the opinion.
CO. It is contended by defendant
that the act should be given a reason
able Interpretation, this permitting
the sale Of short or gross weight pals
if labeled with the net weight. Held.
that the import of the law is plain and
that the construction required by the
defendant would result in a repeal
OF the law by judicial construction
which this court will not do.
~ It is commended that congress
has assumed control OF The field of
pure foods and weights and therefore
the laws of North Dakota upon the
subject have become Intellectual. I'm
der the fifth paragraph Of this opinion
it is held that the sale in question
was an intra-state transaction, entire
~ within the control of the state and
entirely outside of the control of the
United States.
Upon consideration of the whole act
it is held that the law is reasonable
and necessary and t III no manner
prejudiced the defendant and is not in
conflict with any of the enumerated
provisions OF the constitution.
OSyllabus by the Court.)
Appeal from the district court Of
Cass county, Pollock, J..
Affirmed. Opinion OF the court by
Burke,,aJ., Goss and Bruce, JJ., con-
curing; Bruce, j., concurring speci-
ally; Fisk, J. and Spalding, C. j. dis.
senting.
Arthur w. Fowler of Fargo, N. D.,
and Andrew Miller, Attorney General,
Alfred Zuger, assistant attorney gen
eral, and John Carmody, assistant at.
torney general, of Bismarck, N. D.,
edward Engerud, of Fargo, N. D., Of
counselJ, attorneys for respondent.
Watson & Young, of Fargo, N. d..
and Alfred r. Urion, Of Chicago, III,
and Abram B. StrattOn Of Chicago,
Ill. attorneys for defendant and ap-
pellant. Fl