58 Ninth Annual Report of the 



rather than that ninety-nine guilty harmful adulterants should 

 escape the law and damage the public health. Does this not 

 come within Colon v. List, 153 N. Y., 188, where the court said: 



" The interests of the public generally and not a particular 

 class must require it." 



In People v. Cipperly, Judge Learned said: 



" Where there is a general right on the part of the public 

 and a general duty on the part of the land-owner or any other 

 person to respect such right we think it is competent for the 

 Legislature by a specific enactment to prescribe a rule for de- 

 claring, establishing and securing such right." 



Is not the Legislature a forum where the citizen can go at 

 any time and get recognition for his harmless preservative? 

 Is it not the business of the Legislature to determine the 

 people's needs and their dangers? 



5. A similar statute has already been declared for the public 

 health so far as it relates to one dairy product. 



The case of the People v. Cipperly, 37 Hun, 324, settled the 

 rule of law for this case as to milk. The opinion was written 

 by Judge Landon. Judge Learned, P. J., wrote the dissenting 

 opinion, and the Court of Appeals in 101 N. Y., 631, said: 



" For reasons sufficiently stated by Judge Learned, who has 

 dissented in the General Term, the judgment should be re- 

 versed." 



Section 13 of the Law of 1S83 was incorporated as section 20 



in the Agricultural Law in 1893, and it provided: 



" The term adulterated milk when so used means milk con- 

 taining more than eighty-eight per cent, of water or fluids and 

 milk containing less than twelve per cent, milk solids." 



The evidence in the case showed that the milk in question 

 had been drawn from healthy cows and in its natural state fell 

 below the standard. 



It was asserted that the milk was in fact a wholesome prod- 

 uct and the decision of the General Term, which was reversed, 

 was the same argument as defendant is here using, viz., that the 

 Legislature was beyond the police powers and was not protect- 



