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· 7/1/1905

People v. Bishopp

Citations

  • 106 A.D. 266
  • 94 N.Y.S. 773

Syllabus

<p>The prohibition in the Agricultural Lorn against the sale of real unless four weeks of age, and against its shipment unless a certain tag is attached thereto is constitutional— it does not conflict with the interstate commerce' clause of the United States'Constitution.</p> <p>Section 70e of the Agricultural Law (Laws of 1893, chap, 338, added by Laws of 1902, chap. 30), which provides, in substance, that no calf shall be sold for veal “unless it is in good healthy condition and was at least four weeks of age ■ at the time of killing,” and Which authorizes the seizure and destruction - of . veal “from a calf killed under four weeks of age, or from a calf in an - unhealthy condition when- so killed,” is constitutional.</p> <p>Section 70f of the Agricultural Law, as thus added, which requires that all carcasses of calves shipped shall have attached thereto a tag “ stating the name or names of the person or persons who raised the calf, the name of the shipper, the points of shipping and. the destination and the .age of the calf,” is also constitutional.</p> <p>The fact that the requirement as to the tag is broad enough to apply to' veal intended to be shipped to another State does not render said section 70f obnoxious to the provision of the United States Constitution which provides that Congress shall have- the exclusive right to regulate commerce between the different States.</p>

Judges: Parker

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