GOVERNMENTAL INSPECTION 171 



disputed. It therefore becomes necessary to thor- 

 oughly examine the cattle, not only for tubercu- 

 losis, but for other debilitating, or infecting 

 diseases. A cow well advanced in tuberculosis be- 

 trays her condition on inspection without special 

 tests, but in the earlier stages the most careful 

 physical examination may fail to discover the in- 

 fection. In these early cases science demands that 

 the tuberculin test be made, and that it be repeated 

 from time to time. Since this necessity is recog- 

 nized in science as a. most reliable, though not 

 infallible test, ordinances and legal regulations 

 requiring that the test be made are generally up- 

 lield.^'^ It is a question for the legislative (or 

 sometimes executive) branch of the government 

 to decide whether or not this test shall be re- 

 quired, and it is not for the court to declare an 

 ordinance unconstitutional or void because some 

 other method, such as pasteurization may appear 

 better. ^^ The early detection of infected animals 

 is really for the interest of the farmers, as well as 

 the consumers of the milk, but Illinois farmers 

 had been purchasing infected cattle from other 

 states to such a degree that they opposed the en- 

 forcement of such a rule by the city of Chicago, 

 and under the leadership of Shurtleff secured the 

 passage of a statute in Illinois forbidding cities 

 from making such a requirement.^^ The legis- 

 lature had an unquestioned authority to enact such 



IT Borden V, Board of Health, 16; Hawkins v. Hoye (Miss.), 



Montclair, 81 N, J. L. 218, 80 66 So. 741. 



Atl. 30; Adams v. Milwaukee, is Nelson v. Minneapolis, 112 



144 Wis. 371, 12& N. W. 518; Minn. 16. 



sustained, 228 U, S. 572; Nel- 1 9 Session Laws, Illinois, 



son V. Minneapolis, 112 Minn. 1911, p. 6. 



