52 Ninth Annual Report of the 



ute and the protection of the public health and prevention of 

 fraud, the statute will be sustained." — Matter of Jacobs, 98 N. Y., 

 98; People ex rel. Tijroler v. Warden, 157 N. Y., 116; People v. 

 (lillson, 109 N. Y., 389. 



This court jealously guards the right to scrutinize every de- 

 cision of the Legislature as to what is or is not a valid exercise 

 of the police power. The plaintiff must show to this court a 

 reasonable connection between the statute and the protection 

 of the public health or the prevention of fraud. 



POINT IT. 



The Prohibition Against the Sale of Dairy Products Con- 

 taining a Preservative is for the Protection of the 

 Public Health. 



1. The statute expressly states this object: 



Section 36 of the Agricultural Law expressly declares each 

 section of the law to be enacted to prevent deception " and to 

 preserving the public health, which is injured by the manufac- 

 ture, sale and use of the articles or substances herein regulated 

 or maintained." 



2. The history, context and subject matter of section 27 show 

 this object: 



Section 27 as a general law was passed in 1893 and reads as 

 follows: 



" No person shall manufacture, mix or compound with or add 

 to natural milk, cream or butter any animal fats or animal or 

 vegetable oils, nor make or manufacture any oleaginous sub- 

 stance not produced from milk or cream, with intent to sell the 

 same as butter or cheese made from unadulterated milk or 

 cream or have the same in his possession with such intent; nor 

 shall any person solicit or take orders for the same or offer the 

 same for sale, nor shall any such article or substance or com- 

 pound so made or produced, be sold as and for butter or cheese 

 the product of the dairy. No person shall coat, powder or 

 color with annatto or any coloring matter whatever, butterine 

 or oleomargarine or any compound of the same or any product 

 or manufacture made in whole or in part from animal fats or 

 animal or vegetable oils not produced from unadulterated milk 

 or cream by means of which such product, manufacture or com- 



