MILK SURVEY OF THE CITY OF ROCHESTER 167 



"As provided by the Charter of the City of Rochester, a public hearing was 

 held in the office of the Commissioner of Public Safety on the above appeal, 

 Friday, July 1, 1910. The Big Elm Dairy Company appeared by its President, Mr. 

 A. E. Wood and by counsel. 



"By the testimony of Inspector Brownell of the Health Bureau, it was shown 

 that on or about April 7th, 1910, acting under instructions of the Health Officer, 

 he procured a sample of cream and a sample of milk from the separator operated 

 by the Big Elm Dairy Company at their plant on Exchange Street in this city. 

 After passing these samples through the laboratory of the Health Bureau, they 

 were subjected to the guinea pig test used by the Health Bureau for detecting 

 tuberculosis in cattle. The result of the test was positive and was the basis for 

 the order made by the Health Officer, which is now appealed from. 



"By the testimony of two witnesses under oath, it was shown that the milk 

 being run through the Big Elm Dairy Company's separator at the time these 

 samples were taken by Inspector Brownell, was from one of the producers shipping 

 milk to this company and not from several producers. In view of the evidence of 

 these two witnesses, and as a matter of justice to all concerned, I am of the opinion 

 that for the present at least, the order of the Health Officer should be modified 

 so as to apply only to the milk of the producer from which the samples in question 

 were taken. It is therefore, 



'ORDERED, That the order of the Health Officer, dated June 20, 1910, and 

 directed to the Big Elm Dairy Company, be, and hereby is modified, so as to call 

 for the exclusion from the city of the milk and cream produced by J. F. White 

 & Company, until such time as the J. F. White & Company herd of cattle is sub- 

 jected to the State tuberculin test. 



'(Signed.) CHARLES S. OWEN, 



'Commissioner of Public Safety.' 



"To G. W. Goler, M. D, Health Officer." . ' , 



(Reading of letter from G. W. Goler, Health Officer, dated July 11, 1910, to 

 Charles S. Owen, Commissioner of Public Works.) 



"Hon. Charles S. Owen, Commissioner of Public Works, 



Rochester, N. Y. 

 "Sir: 



"Beginning a year ago last January the Health Bureau has been working to 

 prove by the guinea pig test, the general provisions with which you are familiar, 

 the number of retailers selling milk in Rochester from cattle whose milk is capable 

 of producing marked naked eye lesions of tuberculosis in those animals. 



"Rochester receives daily 80,000 quarts of milk from 8,000 cows from 700 

 farms. This of course does not include the cream received. With our limited 

 force of milk inspectors, we have not been able to determine just how much cream 

 is received, for it comes from very many small farms and is received at creameries 

 in the neighborhood of Newark, Horseheads, Norwich, Conesus, and some other 

 places. The milk and cream received into the city are disposed of by 133 dealers, 

 all of whom are, and have been for some time, selling milk without licenses. 



"In beginning our work in an attempt to further protect child life in Rochester, 

 and considering the limited facilities, we took samples of milk in original packages, 

 or in sterile pine bottles from the retailers, because we believed that the retailer, 

 whether getting milk from one or many producers, should be held responsible for 

 the milk he sold, and that if he be found with milk in his possession capable of 

 producing marked naked eye lesions of tuberculosis, the burden of proof should 



