Commissioner of Agriculture. 215 



statements. Every case affording reasonable ground for prose- 

 cution was reported promptly to you. 



During the last year decisions have been rendered by the 

 courts on a case arising in this division which are likely to have 

 a far-reaching effect on prosecutions for the sale of milk which 

 fails to meet the legal standard. The case was No. 8422, en- 

 titled " The People against Mathew Wiard," an action for a 

 penalty in the Supreme Court. The action was the result of an 

 inspection of eight cans of milk offered for sale by the defend- 

 ant. The samples taken from some of the cans, when tested by 

 the Babcock machine, were found to be below the legal standard 

 in fat and solids. One of the samples was analyzed by Prof. S. 

 A. Lattimore, and upon his report the proceedings were insti- 

 tuted. Justice Nash, before whom the case was tried on Octo- 

 ber 26, 1900, dismissed the complaint, holding that the agents 

 of the Department ought to have mixed the entire shipment of 

 milk and taken a sample from the mass. On appeal his decision 

 was affirmed by the Appellate Division. It remains for the 

 Court of Appeals to pass finally upon the important question 

 raised by this case. 



Experience in this division proves that the decisions above 

 -cited, if sustained by the court of last resort, will operate in 

 many cases to protect producers in the sale of milk, portions of 

 which do not satisfy the requirements of law. In numerous 

 instances agents of the Department, testing several cans of milk 

 in the possession of a producer, have found one or more cans 

 below the legal standard and others above. It generally occur- 

 red that, applying the rule laid down by Justice Nash, a sample 

 taken from the whole mass would have been above the stand- 

 ard or so near it as to render improbable the success of a prose- 

 cution of the producer. Where the milk produced by a dairy is 

 of good quality it would be possible to skim or water the even- 

 ing's milk and yet leave it in such a state that, when mixed with 

 the product of the morning milking, the mass would be above 

 standard. Should the Court of Appeals sustain the decisions 

 under which such an abuse is possible, the interests of con- 



