38 Ninth Annual Report of the 



of a misdemeanor and shall be punished by a fine of not less 

 than five hundred nor more than two thousand dollars; and that 

 the jurisdiction for the prosecution of said misdemeanor shall 

 be within the district of the United States court in which it is 

 committed. 



The power exercised by the above act is believed, I am in- 

 formed by good constitutional lawyers, to be fairly within the 

 power of Congress under that provision in the Constitution 

 which provides that that body may regulate commerce between 

 the States. It is therefore hoped that this measure will be- 

 come a law, to the end that this State and others may exercise 

 to the full the inherent right of protecting its reputation for 

 integrity. 



MILK. 



During the year the milk has been inspected regularly in the 

 several divisions of the State, under the supervision of the As- 

 sistant Commissioner in charge of each division, as it was being 

 sold or delivered to the consumer. It has also from time to 

 time, as often as conditions would permit, been examined or 

 tested upon being received at the station or platform within the 

 State for delivery to the wholesaler or retailer. As the net 

 result of these many examinations at all the different points in 

 the State, as reported to this office, I feel warranted in saying 

 that the milk supply of the State of New York as a. whole, when 

 it reaches the consumer, is in a state of practical purity. We 

 do, however, from time to time find some person handling or 

 selling milk who, either through wilfulness or laches on his own 

 part, is selling adulterated milk. The method of handling such 

 cases is that the agents of this Department who make the ex- 

 aminations and find by the tests applied that the milk is sus- 

 picious, take samples in accordance with the provisions of the 

 statute, viz.: Take duplicate samples in bottles especially pro- 

 vided for the purpose, seal them in the presence of a witness,, 

 delivering one to the defendant or person in charge of the milk 

 and the other to our chemist. If upon analysis the milk proves 

 to be adulterated, then the case is referred to the Attorney- 



