8(1 Ninth Annual Report op the 



situation should arise that would stimulate it to exercise its 

 power, for in every field of endeavor can be found men that seek 

 profit by fraudulent processes." 



If the Legislature may lawfully prohibit the manufacture and 

 sale of wholesome preservatives it may equally prohibit the 

 manufacture or sale of shoes, clothes or any articles of com- 

 merce or food whatever. 



In Dorsey v. State of Texas, 38 Texas Criminal Reports, 527, 40 

 L. R. A., 201, the court held: 



•• The mixing or mingling of articles of food which are whole- 

 some and nutritious, and the sale thereof, cannot be made crimi- 

 nal by the Legislature." 



In Helena v. Diryer (Ark.), 39 Lawyers' Reports, Annotated, 

 266, the court held that 



" an ordinance making it unlawful to sell fresh pork or sausage 

 made thereof between June 1st and October is unreasonable and 

 void, since it violates the inalienable right of man to procure 

 food." 



In deciding the case the court used this language, p. 268: 



" Fresh pork is an article of food for general consumption, 

 and when sound, and free from disease, is useful and nutritious. 

 Like all other food, it may become unwholesome when eaten to 

 excess. The quantity eaten, under ordinary circumstances, 

 produces the sickness when it proves unwholesome. Any food 

 is calculated to produce that effect when eaten in the same man- 

 ner. The mere sale of it is not detrimental to the public health. 

 The fact that individuals may be made sick by it when impru- 

 dently eaten does not justify a city council in prohibiting the 

 sale of it. For the same reason it could prohibit the sale of any 

 or all other food. The most delicious food — that which is most 

 liable to be eaten to excess — would be subject to interdiction. 

 If it be conceded that the city council may prohibit the sale of 

 any article of food, the wrongful use of which will or may injure 

 the health of the consumer, then they can prescribe what the 

 citizen of the city shall eat by prohibiting the sale of all other 

 food. The Legislature or any of its creatures has no such power. 



