18 THE MILK SITUATION IN THE DISTRICT OF COLUMBIA. 



fair share of compensation for their product, the committee has dis- 

 cussed the feasibility of establishing a uniform standard of prices 

 to be paid to the dairy farmers, similar to the arrangement which 

 obtains generally for retail milk in this locality. It is believed, how- 

 ever, that, owing to the marked competition and to the importance 

 attached in recent years by dairy farmers to securing ratings ex- 

 celling those reached by their competitors and the consequent premi- 

 ums customarily paid for milk conforming to such higher standards, 

 it is not practicable to endeavor to fix a uniform scale of prices which 

 would be acceptable to the farmers and which would in practice be 

 adhered to by them. Health Officer Woodward doubts very much 

 whether the farmers in this vicinity are sufficiently well organized 

 to render the fixing of a uniform standard for the wholesale price of 

 milk feasible. 



AUTHORITY FOR HEALTH REGULATIONS. 



It has been contended, as previously stated, by the representatives 

 of the Dairymen's Association that the attempts on the part of the 

 District Commissioners to issue regulations governing the production 

 and sale of milk in and for the District of Columbia, in the absence 

 of specific legislation, have been without authority of law. As 

 already set forth, the committee believes, as the result of its examina- 

 tion into this phase of its investigations, that such regulatory orders 

 as have been issued have been entirely within the rights of the com- 

 missioners, and the courts have uniformly sustained this view. The 

 committee is inclined to the opinion, however, that in order that there 

 may be no question as to the authority back of regulations promul- 

 gated by the health department, it would be well to secure the specific 

 approval by Congress of such modifications of large importance as 

 may be regarded by some as perhaps revolutionary in their effect 

 upon the local milk industry. The committee refers especially in this 

 connection to the proposed enforcement of the tuberculin test, com- 

 pulsory pasteurization, and the maintenance of temperatures below 

 50 F. 



The committee has not deemed it requisite to expend any consider- 

 able amount of energy in considering the legal aspects of local milk 

 regulations, for it may be assumed that the Congress will, in its wis- 

 dom, provide by suitable legislation such safeguards as may be re- 

 quired for insuring to the residents of the National Capital a clean 

 and wholesome milk supply. 



It may be observed in passing that the reasonableness of the ordi- 

 nary requirements advocated in recent years for the regulation of the 

 milk supply of communities throughout the United States has been 

 the subject of litigation, notably in Minneapolis, Minn., and Milwau- 

 kee, Wis., in both of which jurisdictions the courts have recognized 

 the reasonableness of the tuberculin test and have upheld the conten- 

 tion that bovine tuberculosis is communicable through milk contami- 

 nation to human beings. 



DELAY IN ISSUANCE OF PERMITS. 



In defense of the objection that the health officer has been dilatory 

 and has discriminated in the issuance of permits to dairy farms oper- 

 ating under the temporary authority conferred by the act of March 2, 



