Norwich bulletin., 1922-04-10
MARKETING BUREAU ACT
 UNCONSTITUTIONAI SAYS HEAIy

UNCONSTITUTIONAL SAYS HEAIY
 Attorney General Frank E. Heaiy has given an opinion to Leonard H. Healey, secretary of the state board of agricul- ture, that the act passed at the 1921 ses- sion of the general assembly. chapter 380, entitled "An act establishing a market ing bureau" is unconstitutional. The state board of agriculture. acting under the act, prepared printed form for the labelling of tobacco. The form or report required information from tobacco deal- CTS as to the kind and grading of tobacco on hand, the highest. lowest and average price for which the tobacco was sold, and the amount sold and unsold in pounds. Secretary Healey submitted to the attorney general a copy of the form. which was labeled Report on Tobacco" for his consideration. The attorney gen eral advises Secretary Healey that the state board of agriculture cannot lawful ly require tobacco dealers to make any reports under the provisions of the act.
 Attorney Generals Opinion. Attorney General Healy quotes the act in full and then says:
 You state in your letter that a ques- tion has been raised as to the constitu- tionalfty of the law, and inquire if the state board of agriculture has authority ] under it's provisions to demand the in- formation required by the report The purpose sought to be accomplished by this legislation is perfectly apparent not | only from the title to the chapter which | says it is an act establishing a market | ing bureau but also from the language l of the act giving the state board of agri- l culture the authority to demand reports and publish bulletins dispensing informa- l ton concerning marketing, prices, supply and demand for all farm crops. The au- thority of the general assembly in enact | ing legislation Is absolute, unless it's en- actlnent comes in conflict with some ex- i press provision or necessary implication contained in the constitution The ques- tion presented for my consideration is: : l Does this legislatior fall within the broad scope of what are generally known as tic ! police powers of the state, or is this 1 legislation mere arbitrary and unwar- ranted restriction on trade that is pro- 1 tected by the terms of the constitution {? The general assembly has enacted nJ- merous statutes relating to the public health. safety and welfare of the public and the courts in many instances have held that these enactments came within the valid exercise of the police power"
 Quotes Supreme Court.
 Attorney General Healy in giving req sons for his opinion quotes a decision of I | tation of police powers exercised by the state in the case of Young against Le- l mieux, 79 Connecticut and from the de- cision of the same court in the case of the state against Conlon. 61 Connecticut in which the court held that "in cases of an ordinary lawful business essential 10 conduct of human affairs, the legislature had no right to restrict the issuance of licenses to engage in such business to such persons as might be found to be proper persons because such business came within the protection of the bill of rights"
 On the question of property rights the attorney general quotes the decision ot
 the court in the cases of the state against Mckee. 70 Connecticut. and the state against Flengold, IT Connecticut
 He also referred to the decision of the supreme court in declaring the act chapter 194 of the pubHc acts of tn.
 session of 1913, 'concerning the licensing
 of dealers in dairy products" unconsti
 tutional. The case of the state agains
 Porter, s4 Connecticut, is also quoted b.
 the attorney general.
 Its Ordinary BusineSs.
 In conclusion Attorhey General Heal! ? says:
 By the terms of the statute unde
 consideration l am unable to find an,
 language which could be construed a
 relating to the public health. or tha makes dealers in tobacco inimical to th
 public interest. The sole object Of thi statute is the enactment of trade .regu lation by requiring reports from tobacc dealers of their actual business opera tions, for the purpose of publishing tn : reports thus received in the market re ] port issued by the state board of agri culture. The business of buying and sell
 fnG tobacco is an ordinary business i 5 which anyone has the right to engage
 and undez the constitution persons en ' gagged in this business are protected froT ' any arbitrary regulations enacted ty q: ' legislature. The principle of equality 0 right as set forth in the several opin ! ions of our highest courts as herei U quoted is absolutely decisive of the pres II ent question"