JVo. 4.] REPORT OF DAIRY BUREAU. 249 



Milk Standard. 

 The question of the milk standard was before the last 

 Legislature, and the House passed an act to reduce the 

 standard, but it was killed in the Senate. The Massachusetts 

 standard of 13 per cent is higher than that of a majority of" 

 the States. But is not higher than an average of the analy- 

 ses of many thousands of samples of milk in all parts of the 

 country. But an average implies that there may be quite a 

 considerable number of cows which do not come up to the 

 mark, and possibly much trouble and loss would result if the 

 law were to be literally enforced. But laws are not enforced 

 in such a manner. Courts will not entertain cases in which 

 the evidence is not positive enough to render conviction 

 reasonably certain. A shrewd lawyer, sharp at cross- 

 questioning, may throw a little uncertainty on a chemical 

 analysis within narrow limits. No man could be convicted 

 whose milk analyzed 12.99 per cent of solids, nor 12.90. 

 The analysis must show a result enough below the standard 

 to convince the court beyond a reasonable doubt that the 

 milk was adulterated actually or constructively. But this 

 leeway lets in so many more herds that it reduces very 

 materially the possibility of oppression. If, however, the 

 legal standard should be reduced, in the practical operation 

 of the law the minimum for standard milk Avould be conse- 

 quently reduced. Many plausible arguments can be adduced 

 against an arbitrary statute standard, and possibly in the 

 future it will l)e so modified that all milk will be sold on a 

 guarantee of actual quality. But that time is not yet ; and 

 the practical question for consideration is, whether under 

 existing conditions the advantages of the present standard do 

 not more than offset the evils. The present law and its 

 efficient enforcement — so far as Boston is concerned — 

 means more confidence on the part of the consuming public, 

 and hence a greater consumption. If the standard Avere 

 lowered, it is more than probalile that much milk would be 

 correspondingly extended so as to bring it down to the 

 standard, thereby increasing the surplus just so much, while 

 popular confidence might l)e correspondingly weakened and 

 .the demand decreased. 



