72 Ninth Annual Report op the 



intent that the purchaser should mix it with natural milk or 

 cream and other dairy products. 



In the amended complaint it is not asserted that the product 

 so advertised is harmful or injurious to public health or con- 

 tains any poisonous or deleterious substances; that is not a 

 mere oversight, but an intentional omission, inasmuch as the 

 aticle " Preservaline " has been dealt in and used for upwards of 

 twenty years with beneficial results. It is a matter of common 

 knowledge that such preservatives as ice, carbonic acid gas, 

 sugar, salt, borax and boracic acid are in daily use; the use of 

 these articles or even of ice in butter or the combination of vichy 

 and milk is within the prohibition of this statute. So are the 

 well known products " Matzoon," " Kumyss " and " Zoolak," and 

 the much-advertised " Sparklets/' which produce aerated milk. 

 Equally prohibited is the sale of a "milk punch" or an oyster 

 stew. 



Accordingly, the question here presented is, whether or not 

 the Legislature has the right to so amend the Agricultural Law 

 as to prohibit any one from " selling, offering or advertising for 

 sale " any preservative whatsoever, as the act makes no distinc- 

 tion between preservatives which may be harmful and preserva- 

 tives which, as in the present instance, are beneficial. 



It is not claimed in the complaint that the defendant induced 

 or attempted to induce any person to violate the provisions of the 

 Agricultural Law, the allegation being merely that it was sold 

 with " intent and recommendation " that the purchaser should 

 mix the Preservaline with dairy products and then sell it. 

 Whatever may have been the intent or recommendation of the 

 defendant, neither could be held to be an inducement nor an 

 attempt to induce another person to violate the law. — Strong 

 v. Stebbins, 5 Co wen, 210. 



The act under consideration violates the Constitution of the 

 United States as well as the Constitution of the State of New 

 York. 



The fifth amendment to the United States Constitution pro- 

 vides as follows: 



