FORTY-FIFTH ANNUAL REPORT. 89 



and forcible pie><eiitation of the importance of the laws relating to 

 frnit growing, while it happens that in the last week the Circuit 

 Court of Berrien county, has spent the week taking all tlie time of the 

 court and two different juries, twenty-four men altogether in trying 

 two cases brought to prosecute parties that are claimed to have violated 

 the law of the State of Michigan intended to prohibit and |)revent 

 fraud in the sale of Michigan grown fresh fruits. The particular sec- 

 tion of the act under which these prosecutions were begun/ was the 

 fifth section in which it is stated that no package shall be sold or otfer- 

 ed for sale, or kept for sale, in wliich a false representation of the con- 

 tents of the i>ackage is made. The Aqt provides that it shall be deemed 

 false representation when more than 20 per cent of the contents of the 

 package are substantially inferior in size and quality, etc., to the 

 faced or shown surface of the package. It happened that the speaker 

 was drawn on the jury in the first case, and watched it through with 

 Very much interest. The case was very strongly contested on both sides 

 from start to finish and numerous witnesses were brought from Battle 

 Creek and Lansing. The evidence was very clear that the package in 

 question when examined by the State Inspector was so packed that 

 40 per cent or more was inferior, particularly in size, to the face 

 or shown surface. There was a question and controversy at the trial 

 as to whether the particidar package which was found at some distance 

 from the point of prei)aration at the orchard, — (it had been shipped 

 from Benton Harbor to Battle Creek — and the inspection was made 

 some hours after its arrival there) ; I say, there was some question — 

 and some difterence in opinion as to whether tlie package was in ex- 

 actly the same condition as when it was packed and shipped. There was 

 an agreement reached by the jury after about six hours of very earnest 

 debate, under the instructions of the court, which threw aside all right 

 to consider the intent of the shipper, and which forced the jury to 

 simply consider the question : *'Was that package up to the standard 

 and condition required by the law?" There was no verdict that couhl 

 be brought in except that of "guilty," but with it came a recommenda- 

 tion that the minimum penalty be enforced. 



The second prosecution was against a different man. There was about 

 the same period of time given to the discussion of the case by the jury, 

 and the jury reported that the}^ were unable to agree. The court in 

 that case had modified his instructions and the word "knowingly" 

 was allowed to be considered by the jury in considering whether the 

 defendant had violated the law. The result was that after this sincere 

 and vigorous desire on the part of the court to enforce the Michigan 

 law, and perhaps iijil.'iO.OO had been spent by the county in maintaining 

 the court in the ])rosecution, only one verdict Avas returned finding 

 the party guilty. In the. opinion of some lawyers the law should be 

 set aside on account of its doubtful constitutionality, in its present 

 form. The object of the law would certainly seem to be good, judging 

 from the title. One of the requirements of the Constitution of this 

 State is that the scope of an Act of the Legislaure must be no broader 

 than the title of the Act, in all fairness to the people, who are interested 

 in what laws the Legislature is passing, in order that they may inform 



