Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-05-10

acted from improper motives, their
action In refusing to issue or in re-
yoking license, under the author
ity of the municipality, will be sup
ported by the courts.
The legislative bodies may also pre-
scribe laws against authorizations. In
the absence of legal enactment an
adulterant must be unwholesome be-
fore action can be taken against the
parties responsible. But modern laws
forbid all adultrants, whether harm
less or not. Under these regulations
water Is an adulterant. SO any pre-
seryatiyes. or other unnatural sub
stances, no matter how harmless, are
adulterants. If the law forbids the
adulteration any person who adulter-
ates Is guilty and may be punished
pnder the law. Usually the statutes
and ordinances also prohibit the sale
cf adulterated milk and under the
usual form OF the law it is not neces-
sary to prove that the dealer knew the
tho milk was adulterated. 1t becomes
mis- duty to see to 1t that the milk
which he sells is pure and UP to the
standard set by law, and II he does
not he is legally liable. Both the
nan who owns the business and the
servant who drives the wagon are,
IN general liable under the law.
But the laws have gone even FUR
Their than requiring licenses aid pro-
nibiting authorizations. They have re-
aulater the conditions under which
The milk is produced and transported
and prescribed standards OF richness
Regulations forbidding the sale with
| In the town of milk from COWS fed on
slops, or brewers malt, or Kept IN
! unsanitary premises have been up
/ ,eld. The defendants in these cases
gere not allowed to show that the
mix was, nevertheless perfectly
! ghuIesome; the fact that the law
| prohibits the sale of such milk Us I'm
lal 1t Is matter properly Withn
/ he regulation OF the lawmaking pow
/ er. The municipality may also require
/ hat all cows be subjected to tuber
| snlin and other tests, and that nf
4 milk be sold within the town limits
except from tested cows.
Even though the dealer be licenset
and his milk come from properly LEI
and cared for COWS, aud there be M
adnteration of any kind, the Mill
may vet be barred because it Is nc
I'D to a required standard OF rlcn
!, ness. A requirement OF three Pc
cent of fat In milk and OF tweht'
per cent of fat in cream has Deel
neld reasonable. Where the law
provide, the health officers ma,
, sieze without compensation suffi
cient quantities of milk to max
tests. The analysis OF competeh
authorities. unless shown to be enron
eous, is taken by the courts as TN
,inal test as to whether the milk Il
question was up to the requlre'
standard. Ordinances permitting til
seizure and destruction OF all mil
foamd to be impure or below the re
ouired standards are supported by tn
courts and generally enforced.
OF course the municipalities ma
: make valid regulations governing tn
! measures CT quantity in use by tn
dealers. The citizens through the
!. Legislative representatives-be the
:. aldermen or members OF the villas
! board-may provide these regulation
as wen as those protecting thel
. against impure or weak milk. A
}, but officially-tested measures ma
:, be barred and ordinances not mfr
quently reuire that mqilk shall b
. sosd only in bottles or jars permal
. entity marked with their capacity.
" II you are consumer OF milk II
n cognize your rights. You can contp'
- the endorsements of the regulation
: you have and, II they are insufficient
s you may do much to secure the pa
W sage of acts that will be adequate.