The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-05


Among some of the dairymen and
milk dealers who dispose Of their
wares in Topeka, there seems to be
feeling that the city has gone beyond
| its authority in it's recent order that
bottles containing milk that comes
from cows or herds that have not been
submitted to the tuberculin test shall
be labeled to that effect. But there is
no doubt about the city having the
right to make and enforce such reg
ulation. 1t Is a safeguard to which
the milk consumers are entitled; and
one that the courts would be sure to
uphold. because the public has COM
plete authority to protect itself against
impure and injurious food supplies OF
every kind.
A recent case in point is to be found
in Illinois. Chicago has ordinance In
regard to the pasteurization of milk
and the dating of bottles that the SUI
preme court of Illinois has recently de-
cided to be within the authority of a
municipality. A Chicago milk dealer
thought otherwise. He didn't want to
use a recording thermometer on his
pasteurizer. He didn't want to date
the bottles so that the consumer and
the authorities could identify the pro-
duct and prohibit it's sale after it had
passed the age limit. He thought
these things were an abridgment OF
his personal liberties and he took his
trouble to the Illinois supreme court.
ana in its decision against him, the
court said, among other things:
MOT only may laws and ordinances
require that milk offered for sale shall
be, pure, wholesome and free from the
bacilli Of disease, but they may and
do. in order to produce this result.
prescribe the manner in which such
purity. wholesomeness and freedom
from disease shall be secured and
made to appear.
1.-THE cows may be required to be
registered with a designated public
authority. the dairies to be conducted
and managed according to prescribed
regulations, and. together with the
dairy utensils, subjected to inspection;
the receptacles in which the milk Is
contained to be prescribed character
and capacity; the labels to be placed
according to fixed regulations and to
contain certain required information;
the milk to be prepared in the manner,
at the times, and by the means direct
ed, and at all times be subjected to
inspection.
These may be drastic restrictions
upon private business. but experience
and the increasing knowledge of the
causes of disease and agencies Of its
propagation have demonstrated the
necessity of such restrictions for the
preservation of the public health: and
of the general public against dishon-
est venters of milk-they all impose
Inconvenience and expense upon the
dealers in milk.
Legislatures and city councils. in
the exercise of the police power, may
safety of society. even though the pro-
hibition invade the right of liberty or
property of an individual"
In commenting on this decision,
Hoard's Dairyman. one OF the pfomi-
nent publications devoted to the inter-
ests Of the dairy and milk trade. says:
1.-The right to do things does not al
ways open the way to do them. But
on the whole the public can demand
and get any protection that is neces-
sary to the health of the community.
It is high time that the moral sense of
the people who sell milk, or who pro-
duce it. requires them to do their work
in such manner as will remove all
criticism from their work."