46 Ninth Annual Report of the 



around their plants, and the great care with which all the cattle 

 and their surroundings are observed by those producing milk 

 for these plants. The work done by these people is in a great 

 degree educational to the milk producing public and is propor- 

 tionately beneficial to the milk consumer. 



PRESERVALINE. 



Your honorable body provided by chapter 534, Laws of 1900, 

 as follows: 



No person shall sell, offer or expose for sale, any butter or 

 other dairy products containing a preservative, but this shall 

 not be construed to prohibit the use of salt in butter or cheese, 

 or spirituous liquors in club or other fancy cheese or sugar in con- 

 densed milk. No person or persons, firm, association or cor- 

 poration shall induce or attempt to induce any person or per- 

 sons to violate any of the provisions of the agricultural law. 

 Any person, firm, association or corporation selling, offering 

 or advertising for sale any substance, preparation or matter 

 for use in violation of the provisions of the agricultural law 

 shall be guilty of a violation of this act. 



Under the provisions of this statute I have endeavored to 

 stop all persons in the State of New York from advertising or 

 selling preservaline for the preservation of dairy products. 



In the case of the People v. Biesecker, the question of the 

 constitutionality of the said law was raised, the attorney for 

 the defense contending that the said law was unconstitutional 

 because it sought to prevent the sale of all preservatives and 

 was not confined to the prohibition against preservatives that 

 were deleterious to health. The court held with the defense 

 in this, basing its views mainly upon the proposition that pre- 

 servatives were to preserve and not to destroy, and it was 

 plainly beyond the constitutional power of the Legislature to 

 pass a law that prevents a man from preserving or caring for 

 his property. This case was appealed, the Appellate Division 

 of the Supreme Court sustaining the decision of the lower court. 

 From this decision an appeal was takeTf to the Court of Appeals. 



The following are the briefs and points for the People on 

 appeal: 



