Commissioner of Agriculture. 73 



" No person shall be held to answer for a capital or otherwise 

 infamous crime * * * nor be deprived of life, liberty or 

 property without due process of law. * * * " 



The fourteenth amendment to the United States Constitu- 

 tion contains a similar prohibition against State legislation. 



Article I, section 6 of the New York State Constitution pro- 

 vides among other things: 



" No person shall be subject to be twice put in jeopardy for the 

 same offence * * * nor be deprived of life, liberty or prop- 

 erty without due process of law. * * * " 



At the outset it should be noted that this act is entitled "An 

 act to amend the Agricultural Law relative to violations 

 thereof," and that the Agricultural Law is entitled "An act in 

 relation to agriculture;" this act forms no part of the Public 

 Health Law, and the purpose of the act as discernible from its 

 title, is to affect agriculture. 



The act in question deprives persons of their " life, liberty 

 and property without due process of law " within the meaning 

 of the consitutional provision. 



In matter of application of Jacobs, 98 N. Y., 98, these pro- 

 visions were considered by the Court of Appeals. In that case 

 the act under consideration prohibited the manufacture of cigars 

 and preparations of tobacco in certain tenement houses. Earl, 

 J., delivering the unanimous opinion of the court, said (p. 104): 



"What does this act attempt to do? In form it makes it 

 a crime of a cigarmaker in New York and Brooklyn, the only 

 cities in the State having a population exceeding 500,000, to 

 carry on a perfectly lawful trade in his own home. Whether 

 he owns the tenement house or has hired a room therein for 

 the purpose of prosecuting his trade, he cannot manufacture 

 therein his own tobacco into cigars for his own use or for sale, 

 and he will become a criminal for doing that which is perfectly 

 lawful outside of the two cities named — everywhere else, so far 

 as we are able to learn, in the whole world. * * * 



(P. 105.) It is, therefore, plain that this law interferes with 

 the profitable and free use of his property by the owner or 



