70 Ninth Annual Report of the 



poration shall induce or attempt to induce any person or persons 

 to violate any of the provisions of the Agricultural Law. Any 

 person, firm, association or corporation selling, offering or ad- 

 vertising 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." 



The penalty for the volation of the above-quoted section is 

 prescribed by section 37 of the Agricultural Law, which at the 

 date of the alleged violation and at the commencement of this 

 action read, as amended by chapter 435 of the Laws of 1809. is 

 as follows: 



" Every person violating any of the provisions of articles two 

 and three and sections ninety-one and ninety-two of the Agri- 

 cultural Law and chapter four hundred and ninety-one of the 

 Laws of eighteen hundred and ninety-eight, shall forfeit to the 

 People of the State of New York a sum not less than twenty-five 

 dollars nor more than one hundred dollars for every such vio- 

 lation." 



Aside from the provisions of section 27 as amended by chap- 

 ter 534 of the Laws of 1900, it will be conceded that there is no- 

 provision of law under which it can be claimed that the com- 

 plaint states facts sufficient to constitute a cause of action. 



By this demurrer the defendant presents the contention that 

 section 27 of the Agricultural Law, as amended by chapter 5:54 

 of the Laws of 1900, in so far as it prohibits the use, manufac- 

 ture and sale of all preservatives, is unconstitutional. 



This statute on its face prohibits the use of ice in butter or 

 vichy in milk. It forbids the manufacture and sale of such well- 

 known products as " matzoon," " kumyss," and " zoolak," the 

 much-advertised " Sparklets," which produce aerated milk, and 

 numerous other products of a similar character. Even the sale 

 of a " milk punch " is within the inhibition of the statute. Not 

 only is the use of these products prohibited and made subject to 

 a penalty to be recovered in a civil action, but by another clause 

 of the Agricultural Law it is made a misdemeanor and punish 

 able criminally. — Agricultural Law, § 37, as amended by L. 1899,. 

 Ch. 435. 



