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State ok New York. 



DEPARTMENT OF AGRICULTURE 



NINTH ANNUAL REPORT 



OF THE 



Commissioner of Agriculture. 



For the Year 1901. 



LIBRARY 
NEW YORK 
BOTANICAL 

GARDEN 



TRANSMITTED TO THE LEGISLATURE JANUARY 13, 1902. 



ALBANY: 
J. B. LYON COMPANY, STATE PRINTERS. 

1902. 



1 N 7 5 4 

1-1*1 

o. I 



State of New York. 



No. 59. 



IN ASSEMBLY, 



January 13, 1902. 



NINTH ANNUAL EEPORT 



OF THE 



Commissioner of Agriculture. 



To the Honorable, the Legislature of the State of New York: 

In accordance with the provisions of the statutes relating 
thereto, I have the honor to herewith submit the ninth annual 
report of the Department of Agriculture of the State of New 
York for the year ending September 30, 1901. 

C. A. WIETING, 
Commissioner of Agriculture. 



Department of Agriculture. 

LIBRARY 

NEW YORK 

BOTANICAL 
Commissioner. GARDEN 

CHARLES A. DIETING, Cobleskill, N. Y. 

Assistant Commissioners. 

First Division GEORGE L. FLANDERS, 

Albany, N. 1". 

Second Division FREDERICK J. H. KRACKE, 

No. 23 Park Row, New York City. 

Third Division EBENEZER J. PRESTON, 

Amenia, N. Y. 

Fourth Division T. JAMES OWENS, 

Remsen, N. 1". 

Fifth Division S. BROWN RICHARDSON, 

Lowville, N. Y. 

Sixth Division CHARLES T. RUSSELL, 

Munnsville, N. Y. 

Seventh Division VERLETT C. BEEBE, 

Arcade, N. Y. 

Eighth Division WILLIAM T. HUGHES, 

Rochester, N. Y. 

^inth Division JOHN H. GRANT, 

715 Mutual Life Building, Buffalo, N. Y. 



Tenth Division JAMES P. CLARK, 

Falconer, N. Y. 

< 

4 



REPORT. 



The working divisions of this Department have not been 
changed since my last annual report and are as follows: 

First Division. — Comprising the following counties: Albany, 
Otsego, Rensselaer, Saratoga, Schenectady, Schoharie and 
Washington. 

Second. Division. — Comprising the following counties: Kings, 
New York, Queens, Richmond and Suffolk. 

Third Division. — Comprising the following counties: Colum- 
bia, Delaware, Dutchess, Greene, Orange, Putnam, Rockland, 
Sullivan, Ulster and Westchester. 

Fourth Division. — Comprising the following counties: Essex, 
Fulton, Hamilton, Herkimer, Montgomery, Oswego, Oneida and 
Warren. 

Fifth Division. — Comprising the following counties: Clinton, 
Franklin, Jefferson, Lewis and St. Lawrence. 

Sixth Division. — Comprising the following counties: Broome, 
Chenango, Cortland, Madison, Onondaga, Tioga and Tompkins. 

Seventh Division. — Comprising the following counties: Che- 
mung, Genesee, Livingston, Schuyler, Steuben and Wyoming. 

Eighth Division. — Comprising the following counties: Cay- 
uga, Monroe, Ontario, Seneca, Wayne and Yates. 

Ninth Division. — Comprising the following counties: Erie, Ni- 
agara and Orleans. 

Tenth Division. — Comprising the following counties: Alle- 
gany, Cattaraugus and Chautauqua. 

There have been but few changes in the personnel of the De- 
partment during the past year. The following persons have 
resigned, viz: Wm. E. Walker, Schenectady, N. Y.; R. H. Palmer, 
Deposit, N. Y. 



S Ninth Annual Report of the 

The following person has been discharged, viz: J. Van Gelde- 
ren, New York city. 

The following person deceased, viz: C. J. Morganstern, Attica, 
N. Y. 

In the death of Mr. Morganstern the Department lost an 
efficient and able employee. He was in the employ of the De- 
partment when I became Commissioner and was retained up to 
the time of his death, although during the* latter part of his 
service he labored under great difficulty in his endeavors to be 
efficient. 

The following person has been appointed from the civil service 
eligible list with the consent of that body, viz: Wm. J. Hurd, 
Stony Point, N. Y. 

The divisions in the State are ten, and they are each in charge 
of the Assistant Commissioner as set forth on the eighth page 
of this report. 

The general work of this Department consists in enforcing the 
provisions of the law relating to: 

(1) Providing butter and cheese experts to give instruction in 
the art of making uniform, first-class butter and cheese 

(2) Providing against the sale or delivery to factories or 
creameries of impure, unhealthy or unwholesome milk. 

(3) Providing against keeping of cows for the production of 
milk for sale or exchange in a crowded or unhealthful condition, 
and against feeding such cows on distillery waste, or on any 
substance that will produce unwholesome or unhealthful milk. 

(4) Regulating the sale of condensed milk. 

(5) Providing against the manufacture and sale of imitation 
butter and its use in boarding-houses and places of public enter- 
tainment. 

(6) Providing against the sale and manufacture of imitation 
cheese. 

(7) Providing for branding full-cream cheese as " New York 
State full-cream cheese," and against falsely branding butter or 
cheese. 

(8) Providing against the manufacture and sale of adulterated 
or imitation vinegar. 



Commissioner of Agriculture. 9 

(9) Providing for the suppression of infections and contagious 
diseases among domestic animals. 

(10) Providing for the prevention of diseases among bees. 

(11) Providing for the prevention and suppression of con- 
tagious and infectious diseases in fruit trees, plants, etc. 

(12) Providing against the manufacture and sale of Paris 
green, except as provided in the statute. 

(13) Providing for the encouragement of the sugar-beet cul- 
ture and the manufacture of beet sugar in the State. 

(14) Providing against the manufacture and sale of adul- 
terated linseed or flaxseed oil. 

(15) Providing against the selling of " bob veal," i. e. meat 
from calves that were diseased at the time of killing. 

(16) Providing for the distribution of moneys to the agricul- 
tural societies of the State for the promotion of agriculture. 

(17) Relative to Farmers* Institutes. 

(18) Providing against selling adulterated or imitation maple 
syrup or maple sugar. 

(19) To exercise such supervision as is provided relative to 
the New York State Agricultural Experiment Station and the 
Agricultural Experiment Station at Cornell University. 

(20) Relating to process butter and the use of preservalines 
in dairy products. 

(21) Relating to the use of coloring matter in food products. 

(22) Relating to the use of the Babcock test. 

OLEOMARGARINE. 

The reports of the Assistant Commissioners in their respec- 
tive divisions are that little or no oleomargarine has been sold 
within the State during the year, the most of it having been sold 
in the Second Division, which includes the city known as Greater 
New York. 

The following cases, 159 in number, have been made during the 
year for violation of the law. These cases were mostly for 
clandestine sales, many of them being peddlers from the State 
of New Jersey: 



10 



Ninth Annual Report of the 



October 5, 1900. 

Case No. 

People v. Roll 4489, 4480 

People v. McGowan 4490 

People v. Dimker 44S8 

People v. Murphy 4493 

People v. Seifert 4492 

People v. Sellers 4544 

November 8, 1900. 

People v. Muller 4624 

People v. Cunneen 4009 

People v. Holsten 4621 

People v. Schwanemann 4483 

People v. McGarity 4607 

People v. Rogers 4613 

People v. Kivlon 4455 

People v. Slyan 4620 

People v. Van Nostrand 4610 

People v. Cafirro 4605 

People v. Courtney 4529 

People v. Seegar 4603 

People v. Fickens 2872 

People v. Hutcheon 4612 

November SO, 1900. 

People v. Beyer 4562 

People v. Koch 4475 

People v. Ottens 4559 

People v. Caffeiro 4604 

People v. Lohrsen 4495 

People v. Behn 4554 

People v. Seefert 4497 

People v. Luhrs 4606 

People v. Behn Bros 4 541 

People v. Wetters 4552 

People v. Knoll 4494 

December 10, 1900. 

People v. Strunck 4622 

People v. Bremmer 4538 

People v. Costello 4500 

People v. Farrell 2829 

People v. Rowan 4 600 

People v. Chadwick 4 617 

People v. Snyder 4 551 

December 22, 1900. 
People v. Fraser & Dean Co 2942 

January 7, 1901. 
People v. Columbia Tea Company — 44G9 

People v. Snyder 4 563 

People v. Johnson 4 571 

People v. Ludeman 4477 

People v. Fecke 4526 

People v. Mayer 4573 

People v. Weiner 4578 

People v. Powell 4570 

People v. Wagner 4566, 2815 

People v. Gaynor 4576 

People v. Ross 2838 

People v. Youngs 4577 

People v. Daffett 3326 



Case No. 

People v. Bochow 4688 

People v. Marlowe 4f.57 

People v. Eller 4568 

People v. Tobias 4592 

People v. Ryan 4584 

People v. Moriety 3269 

People v. Hayes 292 7 

People v. Strunck 4G15 

People v. Holzer 4594 

People v. Serenger 4569 

January 16, 1901. 

People v. Doe 4470 

People v. Kiernan 4558 

People v. Risch 4599 

People v. Boscher 4028 

People v. Heilshorn 4476 

People v. Tompkins 4595 

People v. Bischoff 4585 

People v. Blumberg 4597 

People v. Schroeder 4629 

People v. Gooss 4638 

People v. Kuhlman 4630 

People v. Krinsky 4640 

People v. Allen 2 811 

People v. Reffert 4631 

February 11, 1901. 

People v. Moyenhan Bros 3106, 3107 

People v. Collins 3124, 3126 

People v. McDonald & Sons 3128 

People v. Bellman 4582 

People v. Taylor 4625 

People v. Murphy 4647 

People v. Buglosky 4637 

People v. WiUner 4614 

People v. Mehrtens 2 7 2 5 

People v. Dunker 4619 

People v. Lynch 4616 

People v. Dunphy 4648 

February 21, 1901. 

People v. Doe 4305 

People v. Doe 3310 

People v. White 4596 

People v. Wellbrock 4632 

People v. Banker 4642 

People v. Gordon 4303 

People v. MacMahon 4460 

People v. Rowan 4634 

March 12, 1901. 

People v. Levy 4313 

People v. Doe 4311 

People v. Hecker 4308 

People v. Doe 4491 

People v. Doe 2 88 2 

April S, 1901. 

People v. Bockman 4639 

People v. McGloin 4540 

People v. Schult 4565 

People v. Moriarity 4307 



Commissioner of Agriculture. 11 

Case No. May U, 1901. 

People v. Courtney 4635 Casb *Jo. 

People v. Davis Bros 2727 People v. Brock 4351 

People v. Derenthal 4310 People v. Keeler & Hogan 4336, 4317 

People v. Berwind 4320 People v. Bradley & Warren 4341 

People v. Brasch 4618 p e°Ple v. Smith 4331 

People v. Meyer 2466 Map 25, 1901. 

People v. Cooper & Cooper 4329 peoplQ y> BlseU ^ glg> ^ 4032 

People t. Doe & Roe 4314 People v . Anselem 4003,4004 

People v. Doe 4318 people y Block ... 4 o50, 4049. 4048, 4047, 4046 

4045, 4009, 4008 

May 17, 1901. People v. Douglass 3111, 3112, 3113, 3114 

People v. Willis 4337 p y Ward 4028> ml< m ^ 4025 

People v. Forepaugh & Sells' Circus , 

People v. Frankel 4342 September 10, 1901. 

People v. Strunck 4321 people v. LaVoe 4608 

People v. Van Zandt 4340 people v. Van Arsdale 8780 

People v. Davis 4302 = 

People v. Zeisenitz 2734 September IS, 1901. 

People v. Hughes 2738 People v. Lentz 4365 

People v. Hayes 2733 People v. Ling 4364 

As an illustration of some of these clandestine methods per- 
mit me to state they operate somewhat as follows: An agent 
comes into the State from New Jersey on a ferryboat, quietly 
canvasses boarding-houses and restaurants, selling his goods as 
and for butter, claiming to represent some large dairy or cream- 
ery in a neighboring State. The orders are taken, goods to be 
delivered at a given time. At the time the goods are to be 
delivered a covered wagon appears, with some mark on the 
wagon to indicate that it represents an entirely different kind 
of business. For instance, in one of the cases we know of the 
wagon bore the words, " The Eureka Wringer Company." In 
delivering the goods there are usually two men. One drives 
the horse, staying in the wagon all the time, the other watching 
his opportunity to deliver the goods when nobody, concerning 
whom he has the least suspicion, is looking. It is with much 
difficulty we manage to detect these men, as after a. time they 
learn to know our agents by sight. Several of the persons 
who have been caught violating the law of the State in this 
way have, as I am informed by the Attorney-General, been sen- 
tenced to a term of imprisonment by the court as a penalty. 
From the information we have been able to ascertain relative to 
these vendors, we are strongly of the opinion that they never 
give their correct names, and the same agent does not cover the 



12 Ninth Annual Report op the 

same territory in selling goods a second time. Thus it becomes 
a game of hide-and-seek as it were, between this class of per- 
petrators and our agents, but they have been unable to dispose 
of any quantity of goods within the State during this year, 
our vigilance having been such as to prevent them. I am of the 
opinion that if the profit was not so large upon the commodity 
as to be a great temptation it would cease altogether. If the 
bill now pending in Congress, known as the Grout bill — that 
proposes to tax colored oleomargarine 10 cents per pound — be- 
comes a law and is enforced, I am of the opinion that a great 
deal of this temptation will be removed. 

While there is very little oleomargarine sold in this State, 
there is a great deal sold in other States. The report of the 
Internal Revenue Commissioner of the United States shows that 
oleomargarine manufactured and sold in the United States an- 
nually during the last fifteen years was as follows: 

Pounds. 

1887 21,513,537 

1888 31,325,527 

1889 35,664,026 

1890 32,324,032 

1891 44,392,409 

1892 48,364,155 

1893 67.224,298 

1894 69,622,246 

1895 56,958,105 

1896 50,853,234 

1897 • 45.531,207 

1898 57,516,136 

1899 83,130,474 

1900 107,045,028 

1901 104,943,856 



The above figures show that in the aggregate during the 
years 1888 to 1901, inclusive, the whole amount manufactured 



( Y)MMISSI0XER OF AGRICULTURE. 13 

in the United States was 850,408,270 pounds. When it is con- 
sidered that practically all of these goods have gone to the 
consumer in such a way as to lead him to believe he was con- 
suming butter, the immensity of the fraud speaks for itself, 
and the argument in favor of any scheme, whether by taxation 
or otherwise, that will take the fraud out of the product need 
not be made. The intent of the Grout bill, so called, that will 
tax colored oleomargarine 10 cents per pound, is to tax the 
fraud out of oleomargarine, but not to tax oleomargarine out 
of existence. The people of this State are greatly interested 
in having this done, for the reason that it will help us, so far 
as the consuming public is concerned, to put matters on a basis 
so that they cannot be deceived by these people who are at- 
tempting to sell the goods clandestinely. The report of the 
Internal Revenue Commissioner shows that all the money re- 
ceived from licenses for selling oleomargarine in the State of 
New York, during the year ending June 30, 1901, was $622. It 
is, therefore, fair to conclude that what goods are sold here are 
practically sold without license in defiance of the National law 
and clandestinely, so that any measure which has a tendency 
to take the fraud out of the commodity would have a proportion- \ 
ate tendency to stop these clandestine sales. 

These figures also show that the manufacture and sale 
is not increasing at an astonishingly rapid rate when the 
thrift and enterprise that is behind the business is known. 
The oleomargarine manufacturers are endeavoring to leave 
the impression that these goods are sought for by the 
people and that the increased manufacture was due to the 
demand for the goods. One of the strongest arguments 
of these people is to the effect that the manufacture of 
these goods is a good thing for the dairy interests, be- 
ciiuse statistics show that during those months of the year 
that most oleomargarine was made the price of butter was the 
highest, asking the public to reach the conclusion that the in- 
crease in the price of butter was due to the fact that more 
oleomargarine was made during that time of year, while the 
simple truth is that when butter is higher the profit on oleomar- 



14 Ninth Annual Report of the 

garine is larger and more of it is manufactured. Our friends 
have reversed the facts in their reasoning. Another argument 
made by these people to show that these goods are wanted 
by the consuming public may be illustrated by the argu- 
ment made by their counsel before the Committee on 
Agriculture and Forestry of the United States Senate 
upon the Grout bill. The attorney stated that the peo- 
ple desired oleomargarine, and as a proof of it he would 
call the attention of the committee to the fact that in the State 
of Rhode Island, where no State law was enforced relative to 
oleomargarine, the people had consumed during the previous 
year eight pounds per capita, while in the State of New York, 
where the enforcement of the law was practically complete, 
seven and one-half million people had only consumed 222,228 
pounds, or a little over four ounces per capita; that if they had 
been left free to have purchased it and consumed it as the peo- 
ple of Rhode Island had, it is fair to assume that they would 
have consumed per capita as much as the Rhode Island people 
or sixty million pounds during the year. As a matter of fact 
the 222,228 pounds of oleomargarine charged to this State dur- 
ing the year, to which he refers, was not all consumed by the 
people of this State. As to the argument of the people 
desiring the goods, any person, knowing the methods of the 
oleomargarine people, particularly as those methods get nearer 
to the consumer, knows that the goods are hardly, if ever at all, 
sold as and for oleomargarine, but they reach the consumer in 
a form or guise that makes him believe he is purchasing butter, 
and he is told, as a rule, that he is. The men disposing of the 
goods seem to be, in their methods, as ingenious as the most 
enterprising vendors, and I am compelled to say with candor 
that wherever this traffic is not properly regulated a proportion 
of the people are obliged to eat the goods whether they desire 
oleomargarine or not under representations that are made to 
them. 

Our law relative to oleomargarine is, in my judgment, a good 
one. I have no suggestions to make as to amendments, but 



Commissioner of Agriculture. 15 

believe that its continued enforcement is necessary to prevent 
our citizens from being imposed upon by the vendors above 
named. 

RENOVATED BUTTER. 

Your honorable body provided by chapter 149 of the Laws of 
1899, as follows: 

No person shall manufacture, mix or compound with or add 
to natural milk, cream or butter any animal fats or animal or 
vegetable oils, nor make or manufacture any oleaginous sub- 
stance not produced from milk or cream, with intent to sell 
the same as butter or cheese made from unadulterated milk or 
cream or have the same in his possession with such intent; nor 
shall any person solicit or take orders for the same or offer the 
same for sale, nor shall any such article or substance or com- 
pound so made or produced be sold as and for butter or cheese, 
the product of the dairy. No person shall coat, powder or color 
with annatto or any coloring matter whatever butterine or oleo- 
margarine or any compound of the same or any product or man- 
ufacture made in whole or in part from animal fats or animal or 
vegetable oils not produced from unadulterated milk or cream 
by means of which such product, manufacture or compound shall 
resemble butter or cheese, the product of the dairy; nor shall he 
have the same in his possession with intent to sell the same, nor 
shall he sell or offer to sell the same. No person by himself, his 
agents or employees, shall manufacture, sell, offer or expose for 
sale, butter that is produced by taking original packing stock or 
other butter or both and melting the same, so that the butter fat 
can be drawn off, then mixing the said butter fat with skimmed 
milk or milk or cream or other milk product and rechurning the 
said mixture, or that is produced by any similar process and is 
commonly known as boiled or process butter, unless he shall 
plainly brand or mark the package or tub or wrapper in which 
the same is put up in a conspicuous place with the words " ren- 
ovated butter." If the same shall be put up, sold, offered or 
exposed for sale in prints or rolls, then the said prints or rolls 
shall be labeled plainly with printed letters in a conspicuous 
place on the wrapper with the words " renovated butter." If 
the same is packed in tubs or boxes or pails or other kind of 
a case or package the words " renovated butter " shall be 
printed on the top and side of the same in letters, at least, one 
inch in length, so as to be plainly seen by the purchaser. If 
such butter is exposed for sale uncovered, not in a package or 
case, a placard containing the label so printed shall be attached 



16 Ninth Annual Report of the 

to the mass of butter in such manner as to easily be seen and 
read by the purchaser. No person shall sell, offer or expose for 
sale, any butter or other dairy product containing a preservative, 
but this shall not be construed to prohibit the use of salt in 
butter or cheese, or spirituous liquors in club or other fancy 
cheese or sugar in condensed milk. 

§ 2. This act shall take effect immediately. 

The provisions of this law are generally disregarded by those 
dealing in this commodity within the State. I have brought no 
actions under this statute for the simple reason that I have been 
unable to procure the necessary evidence for conviction. I have 
been endeavoring during the time the law has been in existence 
to so fortify myself, from a chemical standpoint, as to be able to 
procure the necessary evidence, but at this date have not suc- 
ceeded. The difficulty arises from the fact that the chemists of 
this State in the employ of the Department are unable to de- 
1 ermine with sufficient accuracy to enable them to testify to the 
fact of the difference between butter of the first instance and 
renovated butter. By butter of the first instance I mean butter 
that has not been renovated or worked over. They are able to 
select samples of renovated butter from the other butter when 
submitted to them with a reasonable degree of accuracy, but 
not sufficiently sure so they would dare make affidavit to the 
difference. The chemists are willing to swear that in their 
judgment the goods are renovated butter, but not swear posi- 
tively. It has not been deemed advisable to incur the risk of 
involving the x State in bills of expense for costs by attempting 
to try cases in which our evidence was not complete. In order 
to remedy this difficulty we have had the chemists in the employ 
of this Department devote as much time as they could, in con- 
sideration of their other duties and with the means at my com- 
mand with which to do it, experimenting to see if some method 
could not be discovered whereby this difficulty could be reme- 
died. I have also communicated with the National authorities 
at Washington, asking them to give me any information they 
might possess that would help the Department out of this diffi- 
culty. I find that the National authorities, who arc in corre- 



Commissioner of Agriculture. 17 

spondence with the different States in the Union, cannot them- 
selves determine the difference between these two butters, meet- 
ing the same trouble that we meet. I am of the opinion that spe- 
cial experimental work should be performed during the coining 
year by the chemists with the end in view^ of trying to find a 
process by which we can determine with accuracy the difference 
between renovated butter and butter of the first instance, as 
the selling of these goods upon the market as pure butter or 
butter of the first instance is a fraud upon the consuming pub- 
lic, not that the goods are necessarily unhealthful, unless some- 
thing has been introduced in the process of renovation of which 
we do not know that may render them unhealthful, but the 
goods while they are so acted upon as to have the appearance, 
smell and taste of butter of the first quality during a short time, 
are nevertheless of an inferior grade, and such sale as and for 
butter of the first instance is a deceit and fraud upon the pur- 
chaser or consumer. 

CHEESE. 

During the year there have been four cheese instructors and 
one butter instructor giving instruction to those needing the 
same under the provisions of the Agricultural Law for the pur- 
pose of procuring an extension, if possible, of the uniformity of 
our first grade butter and cheese within the State. The work 
that has been done by them has been well received by those 
interested and has produced marked results, along the right lines. 
We have, however, been confronted with a very serious problem, 
viz.: the counterfeiting of our New York State full-cream cheese 
brand. As your honorable body is aware, this Department is- 
sues under the provisions of the Agricultural Law a uniform 
stencil brand to each cheese factory in the State of New York 
upon application therefor under such regulations as the Com- 
missioner prescribes as to the use and custody thereof, each 
brand to bear a separate and distinct number to be used only 

upon full-cream cheese, of which the following is a copy: 
o 



18 Ninth Annual Report of the 



xxxxxxxxxxxxxxxxxxx XXX 

„Ag Y 1 

xFIILLCIIEAM CHEESE! 

xxxxxxxxxxxxxxxxxxxxxx 

STATE OF NEW YORK, 

Department of Agriculture. 

Capitol, Albany, . . . ., 190. . 

Dear Sir. — This brand is to be used under the following regu- 
lations prescribed by the Commissioner of Agriculture of the 
State of New York, pursuant to section 33 of chapter 33 of the 
General Laws. 

Regulations. 

1. This brand is to be in the custody of and used by 

Mr who was named for that 

purpose iu your application dated 190 . . 

2. This brand, when not in use, shall be carefully kept in some 
secure place, separate and apart from all other stencils or 
brands, and to which no person has access except the person in 
charge of the brand. 

3. In case of an intention to transfer the custody and use of 
the brand from the person named in the application to some 
other person, this Department must be notified immediately of 
such fact, and the name of the person to whom the transfer is to 
be made, in order that the proper record of the same may be 
kept, and thereafter the brand shall continue in the care and 
custody of such person as required by Regulations 1 and 2. 

4. This brand is the property of the State of New York, and 
must be returned to this Department at the close of the present 
manufacturing season, not later than the 31st day of December. 

5. Not more than one brand shall be furnished in any season 
to a manufactory, except in cases where sufficient reason there- 
for is stated in writing by the applicant, then a duplicate may be 



Commissioner of Agriculture. 10 

issued to said applicant; all extra brands so issued shall be and 
remain the property of the State of New York, subject in all 
respects to regulations prescribed by the Commissioner of 
Agriculture. 

6. No brand shall be used upon cheese made at any other 
manufactory than the one for which the brand -was issued, nor 
shall the brand be used to mark or brand any box or package. 

7. Any and all brands becoming injured, worn or otherwise 
unfit for use, must be promptly returned to this Department; in 
case of destruction or loss by fire or otherwise, a written state- 
ment of the facts and circumstances connected therewith must 
be forwarded to this Department by the person having charge 
of the same. 

8. The attention of the Department has been called to the fact 
that some of the above regulations have been wholly ignored. 
It is therefore advised that these rules and regulations must be 
strictly observed. An agent of the Department will call at dif- 
ferent factories from time to time, and if brands are found not 
properly cared for as required by the regulations, such action 
will be taken as the statute warrants. 

CHARLES A. WIETING, 
Commissioner of Agriculture. 

Section 33 of chapter 33 of the General Laws, under which 
these brands are issued, provides as follows: 

Section 33. Every manufacturer of full milk cheese may put 
a brand upon each cheese indicating "full milk cheese," and the 
date of the month and year when made, and no person shall use 
such a brand upon any cheese made from milk from which any 
of the cream has been taken. The Commissioner of Agriculture 
shall procure and issue to the cheese manufacturers of the 
State, on proper application therefor, and under such regula- 
tions as to the custody and use thereof as he may prescribe, a 
uniform stencil brand, bearing a suitable device or motto, and 
the words " New York State full cream cheese." Every such 
brand shall be used upon the outside of the cheese, and shall 
bear a different number for each separate factory. The commis- 
sioner shall keep a book in which shall be registered the name, 
location and number of each manufactory using the brand, and 
the name or names of the persons at each manufactory author- 
ized to use the same. No such brand shall be used upon any 
other than full cream cheese or packages containing the same. 

During the year full-cream cheese brands have been issued to 
the following factories: 



20 Ninth Annual Report of the 

LIST OF STATE CHEESE BRANDS ISSUED DURING THE 
YEAR ENDING DECEMBER 31, 1901, BY COUNTIES. 

Allegany. 

NAME OF FACTORY. Applicant. Post-office. 

Allen Creamery & Cheese Co... Jas. A. Hogue Belfast. 

Ailentown Kiley Allen Alleutown. 

Almond H. D. Palmer Almond. 

Andover W. F. Snyder Andover. 

Angelica Jas. A. Hogue Angelica. 

Angelica Union C. F. Potter Angelica. 

Babbitt F. W. Hogg New Hudson. 

Baker, Abel Elmer E. Watson Phillips Creek. 

Beach' Hill H. C. Alsworth Shongo. 

Belfast A. E. Perry Belfast. 

Birdsall Young & Young Fillmore. 

Bishopville Geo. McCarthy Bisliopville. 

Black Creek M. J. Dunn Black Creek. 

Btookside M. E. Gordon Rushford. 

Brown F. G. Brown Andover. 

Brown Brown Cheese Co Wellsville. 

Cafferty Fred Carpenter Cuba. 

Canaseraga Young & Young Fillmore. 

Caneadea Young & Young Fillmore. 

Centreville Young & Young Fillmore. 

Clarksville Centre M. M. Congdon W. Clarksville. 

Cryder Creek F. B. Boyce Wellsville. 

Cuba Village A. A. Arnold Cuba. 

East Friendship Frank Costello Friendship. 

East Grove Wm. Kudes Whitney Crossing. 

East Hill Hobart & Sizer Friendship. 

East Koy Young & Young Fillmore. 

Elm Valley No. 2 Willard A. Dodge Elm Valley. 

Elm Valley U. W. Stratton Elm Valley. 

Empire H. E. Osgood Galen. 

Fenner's Home E. P. Fenner Alfred Station. 

Fillmore Young & Young Fillmore. 

Five Corners C. W. German Alfred. 

Ford Brook T. J. Carmody & Co Cuba. 

Forest M. M. Congdon W. Clarksville. 

Friendship M. W. Hobart Friendship. 

Genesee Valley J. Costello Friendship. 

Gilt Edge Hedden & Beach Belmont. 

Griffith's Young & Young Fillmore. 

Halls A. E. Hall Ward. 

Hall's C. C. Hall Whitesville. 

Hallport T. J. Carmody & Co Cuba. 

Hardy's C. E. Pettit Rushford. 

Hartrum J. M. Hartrum Andover. 

Houghton P. B. Loftus Houghton. 

Hume Young & Young Fillmore. 

Inavale B. C. Pierce Inavale. 

Independence A. W. Stone Independence. 

Karrdale Walter McHenry Almond. 

Keller Hill M. J. Dunn Black Creek. 

Kelloggsville F. W. Hogg New Hudson. 

Keystone .'as. H. Arnold Aristotle. 

Knight's Creek J. L. Coyle Scio. 

Knightsville \V. B. Child Knightsville. 

Lewis F. J. Lewis Fillmore. 

Little Genesee Raymond & Wirt Little Genesee. 

Maple Grove Mrs. J. A. Hogue Allen. 

Marshall A. E. Perry Belfast. 

McGrawville F. W. Hogg New Hudson. 

McHenry Valley H. E. Fenner Almond. 

Mead W. M. Hackett Wellsville. 

Mills Mills A. L. Boiler Fillmore. 

Mt. Monroe C. E. Pettit Rushford. 

New Hudson Centre M. J. Dunn Blnck Creek. 

North Branch J. F. Hodges Friendship 

North Cuba Creamery Homer J. Case North Cuba. 

Nusbickel Chas. Nusbickel Dalton. 

Oramel A. E. Perry Belfast. 

American W. E. Child Bennett. 

Petrolia D. W. Witter Petrolia. 

Phillips Creek Ockerman & Co Phillips Creek. 

Pleasant Valley C. W. German Alfred. 



Commissioner of Agriculture. 21 

Allegan y — Con d uded. 

NAME OF FACTORY. Applicant. Post-office. 

Podouque M. E. Gordon Rusliford. 

Rawson Albert Fargo Rawson. 

Rice John McCarthy Friendship. 

Richburg F. J. Brown Richburg. 

Rockville ! A. E. Perry Belfast. 

Rush Creek Young & Young Fillmore. 

Scio No. 1 Mrs. H. A. Babcock Scio. 

Shongo Young & Young Fillmore. 

Shongo R- C. Alsworth Shongo. 

Short Tract Young & Young Fillmore. 

Slater Creek Chas. S. Swain Canaseraga. 

South Alma Vossler Bros Alma. 

South Andover A. M. Mingus Andover. 

South Bolivar B. F. Hayward Honeoye. 

South Cuba G. S. Marsh Cuba. 

Spring Brook Geo. Sowersby BlacK Creek. 

Spring Brook Hobart & Sizer Friendship. 

Spring Mills C. L. Richardson Spring Mills. 

Star F. W. Hogg New Hudson. 

Stone Spring Young & Young Fillmore. 

Tip Top Summit A. C. Baker Alfred. 

Transit Bridge A. E. Perry Belfast. 

Tuscarora Young & Young Fillmore. 

Union Young & Young Fillmore. 

United States R. C. Alsworth Shongo. 

Vandermark No. 1 G. E. Dodge Scio. 

Vandermark No. 2 G. E. Dodge Scio. 

Wellsville Dennis McGurk Wellsville. 

West Almond A. A. Raymond West Almond. 

West Branch Fred W. James Rushford. 

West Hill Jas. McMurtry Fillmore. 

West Nile Henry Wyant Nile. 

White Creek E. R. Abbott Belfast. 

Wildman C. H. Austin Whitesville. 

Wirt Centre Tom Doran Wirt Centre. 

Wiscoy Young & Young Fillmore. 

Withey W. J. Guill Withey. 

Yorkshire Centre No. 15 E. L. Jones Delevan. 

Broome. 

Clough's Corners A. W. Page Whitney Point. 

Echo Lake S. A. Wilbur Upper Lisle. 

Hurd Frank Delong Harpersville 

Jordan, I. C, & Co Empire State Dairy Co Brooklyn. 

North Fenton C. N. Paddleford North Trenton. 

Triangle A. W. Page Whitney Point. 

West Windsor Dewitt Hall West Windsor. 

Whitney Point A. W. Page Whitney Point. 

Cattaraugus. 

Abbott's Union Thos. L. McVey Abbotts. 

Abbott No. 2 O. J. Folts Ischua. 

Ashford J. R- Zetwick Ashford. 

Axville O. S. Wright Cattaraugus. 

Beaver Meadows J. W. Clair & Co Springfield. 

Bedford Corners A. E. Perry Belfast. 

Bellows A. B. Neff Ashford. 

Bigelow J. W. Clair Springville. 

Block J. W. Clair Springville. 

Bowen McDonald & Babcock Bowen. 

Bullockville Geo. E. Hogue Arcade. 

California Hill G. C. Wulff Orlando. 

Canada Hill Frank F. Hopkins West Valley. 

Carroll Wm. H. Howden Carroll. 

Champlains Wm. Champlains Little Valley. 

Cold Spring Geo. McAdam Randolph. 

Demmon's J. W. Clair Springville. 

Double Mill No. 7 J. W. Clair & Co Little Valley. 

Eagle Ahrens & Zetwick East Otto. 

East Otto Ahrens & Zetwick East Otto. 

East Valley G. C. Wulff Orlando. 

Elgin Alex. Dunn Elgin. 

Elkdale No. 6 J. W. Clair & Co Little Valley. 

Elko D. E. Underwood Tunesassa. 



22 Ninth Annual Retort op the 

Cattaraugus — Continued. 

NAME OF FACTORY. Applicant. Post-office. 

Ellicottville E H Farrington Franklinville. 

Ellington Combination No. 7 E F. Rowley Kennedy. 

Elm Creek D. A. Cowan East Randolph. 

Fairview D. L. Hooper Fairview. 

Farmersville No. 1 C. E. Wright Laidlaw. 

Farmersville No. 2 C. E. Wright Laidlaw. 

Fay Hollow W. L. Hogue Hinsdale. 

Five Mile Union E. D. Bennett Allegany. 

Five Points No. 1 J. W. Clair & Co Little Valley. 

Four Mile Union H. C. Marting Allegany. 

Fox J. W. Clair & Co Springville. 

Franklinville No. 1 E. H. Farrington Franklinville. 

Franklinville No. 2 E. H. Farrington Franklinville. 

Franklinville No. 3 E. H. Farrington Franklinville. 

Franklinville No. 4 E. H. Farrington Franklinville. 

Franklinville No. 5 E. H. Farrington Franklinville. 

Franklinville No. 6 E. H. Farrington Franklinville. 

Franklinville No. 7 E. H. Farrington Franklinville. 

Franklinville No. 8 E. H. Farrington Franklinville. 

Franklinville No. 10 E. H. Farrington Franklinville. 

Franklinville No. 11 E. H. Farrington Franklinville. 

Franklinville No. 12 E. H. Farrington Franklinville. 

Franklinville No. 13 E. H. Farrington Franklinville. 

Franklinville No. 14 E. H. Farrington Franklinville. 

Franktown Ahrens & Zetwick East Otto. 

Freedom S. J. Owens Freedom. 

Glen Brook John F. Jenkel ! Ellicottville. 

Glen Brook No. 2 John F. Jenkel Ellicottville. 

Grand Central L. G. Jones Delevan. 

Hart Herman Hart Otto. 

Haskell Flats P. J. Pettit Haskell Flats. 

Highland W. B. Hopkins Conewango. 

Hinman Mrs. A. H. Jenkel Maples. 

Hinsdale w. L. Hogue Hinsdale. 

Home w. N. Pettit Cuba. 

Ischua E. S. Moses Ischua. 

Jenkle J. W. Clair & Co Snringville. 

Lebanon H. C. Peaslee East Randolph. 

Leon Centre John W. McAdam Leon. 

Leon Union H. A. Damon Leon. 

Lime Brook No. 1 P. F. Jark Otto. 

Little Valley No. 2 J. W. Clair & Co Little Valley. 

Lower Haskell Jas. J. Kirby Olean. 

Lyndon E. N. Case Franklinville. 

Maple Grove Geo. E. Hogue Arcade. 

Maynard Ahrens & Zetwick East Otto. 

Napier H. P. Jewell Franklinville. 

Nine Mile Union H. C. Altenburg Allegany. 

North Napoli No. 3 J. W. Clair & Co Little Valley. 

North Valley Anson Fuss Little Valley. 

No. 2 F. E. Willover Haskell Flats. 

Otto Crescent Herman Hart Otto. 

Otto No. 1 W. H. Klens Otto. 

Otto No. 2 W. H. Klens Otto. 

Perrysburg L. H. Wood Perrysburg. 

Plato John H. Wulff Plato. 

Pleasant Valley E. H. Scott Hinsdale. 

Pullman E. H. Farriftgton Franklinville. 

Randall No. 24 1. W. Clair & Co Little Valley. 

Randolph No. 1 Zenas Carpenter East Randolph. 

Randolph No. 2 Zenas Carpenter East Randolph. 

Randolph No. 3 Zenas Carpenter East Randolph. 

Randolph No. 4 Zenas Carpenter East Randolph. 

Red House Mrs. H. J. Marsh Red House. 

Riceville A. B. Neff Ashford. 

Rock Spring Union Chas. Smith, Jr Springville. 

Ross No. 1 E. P. Ross & Co Gowanda. 

Sandusky No. 1 1. B. Lewis Sandusky. 

Sanduskv No. 2 '. B. Lewis Sandusky. 

Sandusky No. 3 J- B. Lewis Sandusky. 

luskv No. 5 J- B. Lewis Sandusky. 

Sanduskv No. 9 J- B. Lewis Sandusky. 

Sandupkv No. 12 J- B. Lewis Sandusky. 

Schemtze A - B- Neff Ashford. 

Scott M. F. Gampp Otto. 

Seneca Frank Lawrence West Salamanca. 

South Davton No. 2 T. Dorsey South Dayton. 

South Dayton No. 3 T. Dorsey South Dayton. 



Commissioner op Agriculture. 23 

Cattaraugus — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

South Napoli No. 4 J. W. Clair & Co Little Valley. 

Spring Brook No. 1 C. J. Buskist New Albion. 

Spring Brook No. 2 C. J. Buskist New Albion. 

Spring Brook No. 3 C. J. Buskist New Albion. 

Spring Brook No. 4 Henry J. Gould Cattaraugus. 

Spring Brook No. 6 C.J. Buskist New Albion. 

Spring Brook No. 7 Chas. Weishan Maples. 

Spring Brook No. 8 Chas. Weishan Maples. 

Spring Valley W. T. Peaslee & Son East Randolph. 

Star E. H. Farrington Franklinville. 

Stone W. J. Bush Franklinville. 

Story L. E. Story Steamburg. 

Tarbell's Farm M. O. Tarbell Farmersville. 

Union Ahrens & Zetwick East Otto. 

Vedder Corners J. H. Wolff Plato. 

Vinton E. H. Farrington Franklinville. 

Wesley A. Howard Wesley. 

W. Farmersville S. A. Peavy Great Valley. 

West Machias J. W. Clair & Co Springville. 

West Valley J. W. Clair & Co Springville. 

Wi ber's Allegany H. M. Wilber Allegany. 

Yorkshire Centre No. 1 E. L. Jones Delevan. 

Yorkshire Centre No. 2 E. L. Jones Delevan. 

Yorkshire Centre No. 3 E. L. Jones Delevan. 

Yorkshire Centre No. 4 E. L. Jones Delevan. 

Yorkshire Centre No. 7 E. L. Jones Delevan. 

Yorkshire Centre No. 8 E. L. Jones Delevan. 

Yorkshire No. 17 E. L. Jones Delevan. 

Yorkshire Centre No. 19 E. L. Jones Delevan. 

Yorkshire Centre No. 20 E. L. Jones Delevan. 

Cayuga. 

Cato Cheese Co A. E. Fish Jordan. 

Como '.. Arthur Glover Como. 

Moravia A. S. Kirkpatrick Ormo. 

Sterling Valley R. H. Stevenson Sterling Valley. 

Chautauqua. 

Abbey E. L. Lewis Hamlet. 

Alden A. D. Alden Sinclairville. 

Arkwright Centre F. W. Horton Fredonia. 

Arkwright Union C. G. Watters Cassadaga. 

Blockville G. H. Burlage Blockville. 

Canadawa A. Gampp Fredonia. 

Centralia R- McCubbin Centralia. 

Charlotte Centre M. R. Tarbox Charlotte Center. 

Charlotte Union Edwin F. Lake Charlotte Center. 

Cold Spring G. W. Russell Hartfield. 

Dean Ingersol & Marsh Dean. 

Dennison F. E. White Sinclairville. 

Ellington No. 1 E. F. Rowley Kennedy. 

Ellington No. 2 E. F. Rowley Kennedy. 

Ellington Comb. No. 3 J. L. Ells Thornton. 

Ellington Comb. No. 4 E. F. Rowley Kennedy. 

Ellington Comb. No. 5 E. F. Rowley Kennedy. 

Ellington Comb. No. 6 E. F. Rowley Kennedy. 

Ellington Comb. No. 8 E. F. Rowley Kennedy. 

Forestville L. Stanley Forestville. 

Goshen J. J. Colwell Bear Lake. 

Hamlet Delos Tanner Hamlet. 

Laona W. C. Bartlett Laona. 

Lewis S. W. Lewis Stockton. 

Linwood Ernest Dye Cherry Creek. 

Lowville M. H. Crofoot Sinclairville. 

Moons I. N. Gampp Moons. 

Nashville H. S. Sweetland Hamlet. 

Rood Rood & Reed Sinclairville. 

Scotch R. McCubbin Stockton. 

Sinclairville R. McCubbin Stockton. 

Smith Mills No. 1 lohn Snell Smith Mills. 

South Dayton No. 1 1. Dorsey South Dayton. 

Villenova H. S. Sweetland Hamlet. 

Watts Flats F. Wesley Engle Watts Flats. 

West Ellery F. W. Stowell Bemus Point. 



2-1 Ninth Annual Report of the 

i 

Chenango. 

NAME OF FACTORY. Applicant. Post-offlce. 

A. W. Page & Co II. T. Ford German. 

Baldwin Isaiah Baldwin Lincklaen. 

Billings S. T. Billings Earlville. 

Bo Bell Seymour Winchell, Jr Greene. 

Borden Henry J. Borden Plymouth. 

Centre A. S. Hay Otselic Center. 

Chenango Valley Dairy Chenango Valley Dairy Co Greene. 

Church Church Bros Afton. 

Cottage Wm. Casey Sherburne. 

Deer Lake E. F. Smith Pharsalia. 

Deer Spring G. C. Stiles Tyner. 

Earlville Dairy Ass'n Tupper Bros Eaton. 

Empire State Dairy Co The Empire Dairy Co Brooklyn. 

Excelsior C. H. Southard Smithville Flats. 

Harbor H. C. Brockway Richfield. 

Hillside Creamery Andrew Gahan Sherburne. 

Kirk W. H. Stewart Kirk. 

Lincklaen Centre Alex. Harris Lincklaen. 

Marcy J. R. Davis Greene. 

Mariposa Curtis Kenyon South Otselic. 

McDonough C. H. Southard Smithville Flats. 

Millbrook C. H. Southard Smithville Flats. 

North Pitcher Ira D. Goodsell North Pitcher. 

Otselic F. E. Brown Otselic. 

Padgett R. J. Padgett Pharsalia. 

Page Brook P- E. White Greene. 

Pleasant Brook John Canerass Smyrna. 

Sherburne Four Corners Edwird O. Foote Sherburne Four Cor. 

Silver Spring G. G. Rr-binson Sherburne. 

Smithville Centre O. S. Spicer Landers. 

Todd Silas W. Howard Sherburne. 

Trout Brook Standard Dairy Co New York City. 

Clinton. 

Peru C. & B. Co Peru C. & B. Co Peru. 

Salmon River A. D. Boomhower Plattsburgh. 

Smithdale A. D. Boomhower Plattsburgh. 

Cortland. 

Belknap Geo. Salisbury Willett. 

Curtis Albert Curtis Chenango. 

Cuyler Hill Ellis Johnson Cuyler. 

Dairymen's Union Chas. W. Beattie Truxton. 

Hollenbeck S. Hollenbeck Texas Valley. 

Kesler, C C. Kesler Marathon. 

Maple Grove Geo. E. Dodd Truxton. 

McGraw Seiler Bros Newark, N. J. 

Meacham's Cecil D. Meacham Marathon. 

Otselic Centre H. D. Johnson Upper Lisle. 

Scott H. E. J. Potter Scott. 

Sears F. H. Sears Cortland. 

Tarbox Adelbert Tarbox Marathon. 

Virgil Cold Spring C. L. Spencer Virgil. 

Wightmans Homer Wightmans Marathon. 

Erie. 

Clear Creek No. 1 I. C. Brigham Collins Centre. 

Clear Creek No. 2 F. A. Brigham Boston. 

Clear Creek No. 3 , I. C. Brigham Collins Centre. 

Clear Creek No. 4 I. C. Brigham Collins Centre. 

Clear Creek No. 5 I. C. Brigham Collins Centre. 

Colden Centre Richardson, Beebe & Co East Aurora. 

Collins Centre S. D. Vance East Concord. 

Dye r. W. Clair Springville. 

East Branch S. D. Vance East Concord. 

Elmont Richardson, Beebe & Co East Aurora. 

Erie No. 1 Geo. Carr Collins. 

Glenwood S. D. Vance East Concord. 

Gowanda S. D. Vance East Concord. 



Commissioner of Agriculture. 2.j 



Erie — Concluded. 

NAME OK FACTORY. Applicant. Post-office. 

Henshaw F. W. Clair Springville. 

Java Centre Richardson, Beebe & Co East Aurora. 

Lawton's S. D. Vance East Concord. 

Longford S. D. Vance East Concord. 

North Colden Richardson, Beebe & Co East Aurora. 

Prairie Queen Clark White Collins Centre. 

Protection Richardson, Beebe & Co East Aurora. 

Queen of Valley Richardson, Beebe & Co East Aurora. 

Richmond J. W. Clair Springville. 

Rider I. W. Clair Springville. 

South Colden Richardson, Beebe & Co East Aurora. 

Springville J. W. Clair Springville. 

Tabor S. D. Vance East Concord. 

Tefft J. W. Clair Springville. 

Townsend Hill J. W. Clair Springville. 

West Concord S. D. Vance East Concord. 

Woodside Sisson & Carr Collins. 

Wyandale S. D. Vance East Concord. 

Yorkshire Centre No. 14 E. L. Jones Delevan. 

Fulton. 

Ephratah Eli Smith Ephratah. 

Willow Creek A. W. Getman Ephratah. 

Willow Spring J. O. Bennett Oppenheim. 

Genesee. 

Alexander W. E. Moulton & Co Alexander. 

Byron H. C. Norton Byron. 

Herkimer. 

Bartlett, R Rush Bartlett Winfield. 

Bartow Hill J. W. Ford Fairfield. 

Benninger & Heath Jas. A. Irwin Edicks. 

Burt Grove Delos M. Burt Little Falls. 

Casler Philo W. Casler Little Falls. 

Cedar Lake J. L. Craver Cedar Lake. 

Cedarville Grant Hollenbeck Cedarville. 

Cedarville Milk Station H. D. Jones Chepachet. 

Clover Leaf Fred Petterson Herkimer. 

Clover Valley C. A. Ford Little Falls. 

Cold Brook E. D. Connor Cold Brook. 

Cold Creek Isaac Fox Dolgeville. 

Cold Spring J. L. Craver Cedar Lake. 

Columbia Centre N. J. Harter Columbia. 

Countryman G. Veitch Herkimer. 

Craines Corners T. C. Swift Jordanville. 

Cramer Dairy Chas. E. Teall Little Falls. 

Dennisons Corners N. J. Harter Columbia. 

Dividing Ridge R- G. Starkweather lordanville. 

Eatonville Stephen Dapson Little Falls. 

Elizabethtown A. E. DeGarmo Ilion. 

Fairfield Association T. Atkins Little Falls. 

Fairfield Centennial Alex. McKerrow Middleville. 

Fairfield Centennial Alex. McKerrow Middleville. 

Finks Basin D. H. Burrell & Co Little Falls. 

Getman, M N. J. Harter Columbia. 

Gray A. E. Snyder Gray. 

Gulph Jas. Donahoe Gulph. 

Hassenclever W. T. Fitzgerald Newport. 

Henderson Association Chas. W. Crim Jordanville. 

Herkimer Wm. Kreuger Herkimer. 

Hill L. G. Rankin Little Falls. 

Indian Castle E. M. Card Utica. 

Jones, E. E E. E. Jones Centre. 

Jordanville J. M. Hanner Tordanville. 

Kast Bridge A. Countryman Countryman. 

King Julia L. Ives Little Falls. 

Lanning W. B. Lanning Russia. 

Lints, S. P., Jr S. P. Lints, Jr East Schuyler. 



26 Ninth Annual Report of the 

Herkimer — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

Little Falls Edward Simmons Little Falls. 

Little Lakes John McNamara Richfield Springs. 

Manheim Cold Spring John C. Fox Ingham Mills. 

Maple Grove J. W. Windecker Little Falls. 

Mather, A. B D. S. Willoughby Norway. 

Mc Arthur, D Daniel McArthur Grant. 

McEvoy, R. S R. S. McEvoy Cold Brook. 

McNierney Jos. McNierney Newport. 

Middleville A. W. Ford Middleville. 

Millers Mills L. J. Miller Millers Mills. 

Murphy, J. C John C. Murphy Norway. 

Mutual Milk & Cream Co John McKone Gravesville. 

New Manheim John Garlock Little Falls. 

Newport Hill W. A. Bray ton Poland. 

Newville Otis Cagwin Newville. 

999 Wm McKerrow Middleville. 

North Litchfield H. H. Davis North Litchfield. 

North Winfield No. 1 C. T. Wheelock North Winfield. 

Norway H. C. Nichols Norway. 

Norway Association Frank Turck Newport. 

Ohio Chris. Tarber Gray. 

Old Fairfield W. E. Wartman Fairfield. 

Old Manheim Jos. Rice Manheim. 

Old Salisbury J. Hand Salisbury. 

Paines Hollow Geo. Van Slyke Edicks. 

Platform John Carney Middleville. 

Poland J. B. Read Poland. 

Quinlavin T. B. Quinlavin IlioD. 

Ransom, C. W Chas. W. Ransom Oolgeville. 

Rickard John Rickard Oullen. 

Rising Star N. H. Conrad Paines Hollcw. 

Ruby C. G. Babcock Newport. 

Sand Hill Geo. L. Wood Herkimer. 

Schuyler Centennial W. V. Minott Minott. 

Shed Brook C. G. Babcock Newport. 

Shells Bush Robert Wood Herkimer. 

Smalls Bush Adam Casler Little Falls. 

Springer Geo. Springer Jordanville. 

Star David Gordon Countryman. 

Sterling Creek C. G. Babcock Newport. 

W. Windfield Creamery C. Vagts West Winfield. 

White Creek John Baird Newport. 

Whipple, B. A B. A. Whipple Van Hornesville. 

Zoller No. 2 Jacob Zoller Little Falls. 

Zoller No. 3 Jacob Zoller i Little Falls. 

Jefferson. 

Ayers I. H. Phillips Rices. 

Babcock C. V. Cheney Great Bend. 

Barrott H. H. Barrott Mannsville. 

Bay View Jas. Reed Limerick. 

Bickelhaupts Comb. No. 12 A. Bickelhaupt Redwood. 

Brookside J. Flanders Rodman. 

Central Chas. C. Mearns Limerick. 

Centre Daniel Rourke Carthage. 

Champion Valley Peebles Bros Champion. 

Chaumont Chaumont Cheese Co Chaumont. 

Cloverdale A. E. Gove Pamelia Four Corners- 
Cold Spring C. A. Overacker Redwood. 

Devoirs Corners Zuriel Sarvery Carthage. 

Diamond Jas. H. Keller Diamond. 

Drill Well C. W. Cheney Sterlingvill.\ 

Eames Henry O. Eames Watertov. 

East Rodman F. P. Dunaway East Rodman. 

Ellisburg C. F. Woods Pulaski. 

Eureka C. B. Arnold Watertown. 

Evans Mills D. Walrath Evans Mills. 

Excelsior Geo. W. Northup Perch River. 

Fillmore Bros H. II. & M. M. Fillmore Woodville. 

Flat Rock G. W. Augsbury Plessis. 

Fox Creek B. W. Hentze Three Mile Bay. 

Gould S. N. Gould Evans Mills. 

Hadsell & Moore G. E. Orvis Felts Mills. 

Hillside . . C. O'Brien Theresa. 

Howard D. H. Scull Stone Mills. 

Jefferson Valley H. J. Walker Theresa. 



Commissioner of Agriculture. 27 

Jefferson — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

Lafargeville A. Knauer New York City. 

Lorraine Village L. S. Pitkin Lorraine. 

Maple Grove L. S. Pitkin Lorraine. 

Mather Bros S. Mather Belleville. 

Maxon, P. S P. S. Maxon Adams Centre. 

McNitt F. H. McNitt Copenhagen. 

Milk Station Andrew Krauner Theresa. 

Muzzy F. M. & J. B. Muzzy Smithville. 

Natural Bridge Emory Draper Natural Bridge. 

North Adams E. D. Holloway Adams Centre. 

North Centre John A. Shaver Lorraine. 

North Rodman Jacob Davis Dillin. 

Northville Wm. Denney Klondyke. 

O. K F. A. Knapp Great Bend. 

Ontario J. A. Mc Wayne Sacketts Harbor. 

Orleans Centre H. F. Wetterhahn Lafargeville. 

Orleans Corners Station Manhattan Dairy Co Orleans Four Corners. 

Overton's Harvey J. Allen Henderson. 

Pamelia Centre S. H. Gillette Watertown. 

Parkinson, P. C P. C. Parkinson Watertown. 

Piller Point Union M. W. Timmerman Limerick. 

Pitkin L. S. Pitkin Lorraine. 

Philadelphia Wm. Flath Philadelphia. 

Pleasant Valley C. E. Wiggins Cape Vincent. 

Point Peninsular J. Wells Taft Three Mile Bay. 

Rayhill Frank Alverson Henderson. 

Riverside J. P. Carpenter & Son Ox Bow. 

Rodman Village M. G. Wilson Rodman. 

Salisbury No. 2 Brayton Salisbury Pulaski. 

Sandy Creek Valley A. D. Boyd Rodman. 

Silver Creek D. P. Phillips Tremaines. 

Smith, B. P E. L. Tooley Black River. 

South Champion C. S. Shedd South Rutland. 

Spring Geo. A. Fuller Philadelphia. 

Springer R. R. Kirkland Redwood. 

Star A. O. Pennington Antwerp. 

Star Brook M. L. Thompson Barnes Corners. 

Sterlingville Milk Station C. Vagts Sterlingville. 

Stone, No. 1, E. L E. L. Stone Mannsville. 

Stone, No. 3, E. L E. L. Stone Mannsville. 

Sunny Side L. A. & A. E. Helmer Evans Mills. 

Thistle Chas. Kirkland Redwood. 

Three Mile Bay J. Wells Taft Three Mile Bay. 

Trout J. A. Kittle Adams Centre. 

Tylerville Frank L. Stockwell South Rutland 

Waldo, J. W D. A. Goodrich South Champion. 

Watertown Valley L. Polley Burrs Mills. 

West Carthage Chas. E. Besha Carthage. 

Williams, No. 2, E. J M. A. Stackel Rutland. 

Wind Mill Geo. B. McMullin Watertows 

Winona Wm. H. Anthony Winona. 

Woodville N. Wood & Sons Woodville. 

Yost H. F. Smith Philadelphia. 

Lewis. 

Alger Geo. S. Alger Martinsburgh. 

Arctic Union Fred Shaver Indian River. 

Barnes Corners Loren D. Fox Barnes Corners. 

Beach Hill Albert E. Merz New Bremen. 

Black River W. E. Gaynor East Martinsbur- 

Boston Brand E. J. Schraup Gardners Corn:: 

Carpenter J. H. Carpenter Houseville. 

Castorland Company S. L. Hirschey Castorland. 

Cedar Spring John L. Bench Watson. 

Champion Spring C. Hirschey Beaver Falls. 

Christien, F. N F. N. Christien Camden. 

Cloverdale Alfred Blum Constableville. 

Clover Valley W. S. Benton New Bremen. 

Cold Spring C. E. Merz Croghan. 

Copenhagen Cook & Otis Denmark. 

Croghan Albert Henry Croghan. 

Crown Brand A. & H. E. Cook Denmark. 

Dairy Hill David Miller Constableville. 

Eagle E. G. Graves Lowville. 

Erie Emory Draper Natural Bridge. 

Excelsior Eugene Alexander Harrisburg. 



28 Ninth Annual Report of the 

Lewi s — ( 'on eluded. 

NAME OF FACTORY. Applicant. Post-office. 

Fair View W. H. Ingersoll Port Leydeu. 

Farmers Choice VV. S. Benton New Bremen. 

Fish Creek Frank Middleuiiller Constableville. 

Forks i. E. Murphy Montague. 

Gilt Edge M. G. Fassett West Martinsburgh. 

Goudy , F. C. Goudy West Martinsburgh. 

Grass Valley Jas. E. Allen Constableville. 

Haller W. A. Haller Beaver Falls. 

Harter H. A. Harter Copenhagen. 

High Mark W. H. Fitch Lowville. 

High Market Eugene Case High Market. 

Houseville J. H. Smith Houseville. 

Imperial W. W. Vooree Copenhagen. 

Katsmayer Win. W. Katsmayer Mohawk Hill. 

Kirschnerville Nicholas Keifer Kirschnerville. 

Lake E. P. Lake Harris ville. 

Legal Tender Jas. E. McGrath Constableville. 

Leonard Chas. P. Leonard Lowville. 

Lindsley R. G. Jones Glenmore. 

Lowville J. A. Merz Lowville. 

Meadow Brook Uriah Fitch Pasadena. 

Miller Michael Heiley Constableville. 

Mohawk Hill Free Kranbuhl Constableville. 

Mud Lake D. Karlen Boonville. 

New Boston T. W. McGrath New Boston. 

New Columbia C. M. Henry Harrisburg. 

New Model Robert McCurn Copenhagen. 

Nohle C. W. Nohle West Martinsburgh. 

No. 3 John K. Fuller Copenhagen. 

Pinckney Corners E. A. Harding Pinckney. 

Pleasant View F. E. Bechman Naumburg. 

Plummer Geo. Plummer Constableville. 

Port Leyden M. & C. Co D. C. Markham Port Leyden. 

Rector J. W. Barnes Rector. 

Regetz John Regetz Constableville. 

Renaux A. N. Renaux Croghan. 

Rising Star Cook & Otis Denmark. 

River St G. H. Monroe Copenhagen. 

Searl No. 1 George Searl Lowville. 

Searls No. 2 M. E. Searl Martinsburgh. 

Silver Spring D. Karlen Boonville. 

Sins & Bierlie Jo. Sins West Leyden. 

Sharp B. C. Graves Lowville. 

South Harrisburg C. C. Day Windecker. 

Spring Brook A. J. Hoffman Lyons Falls. 

Spring Hill Mrs. F. E. Klossner Port Leyden. 

Standing Austin & Strickland Deer River. 

Staring W. H. Ingersoll Port Leyden. 

Sterling Robert Whalen Sterlingbush. 

Stevens Romaine Stevens Harrisville. 

Sulphur Spring J. H. Searls Lowville. 

Swiss Creek Hiram Gowdy Lowville. 

The Mayflower Romaine Stevens Jerden Falls. 

Turin Henry Petrie Turin. 

Union of Pinckney R. B. Cramer South Rutland. 

Valley Dale F. M. Burns Bellwood. 

Valley Spring Fred Loucks Lowville. 

West Harrisburg Mrs. W. A. Wheeler Bellwood. 

Welsh Hill E. H. Evans Turin. 

West Leyden M. J. McGrath West Leyden. 

Livingston. 

Genesee River M. B. Marsh Nunda. 

Hunts Young & Young Fillmore. 

Kehequa C. S. Wheeler Dalton. 

Nunda Young & Young Fillmore. 

Madison. 

Baldwin G. F. Brown Brookfield. 

Beaver Creek B. D. Lamb Unadilla Forks. 

Bender Fred Haas Canastota. 

Bouckville Mutual Milk Pro- 
ducers' Association M. D. Casler Bouckville. 

Bridgeport John Durst Bridgeport. 



Commissioner of Agriculture. 29 

Madison — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

Brookfleld Edgar Harris Brookfleld. 

Brown's Valley Creamery H. J. Brown Georgetown. 

Crystal Spring O. J. Tucker Alene. 

Erieville Creamery C. E. Maynard Erieville. 

Excelsior Geo. H. Dennis Chittenango. 

Excelsior H. L. Holmes Brookfleld. 

Georgetown Milk Station H. Armstein Georgetown. 

Hamilton John Harmon Hamilton. 

Hollenbeck R. J- Hollenbeck Peterboro. 

Ladd, Dan Dan. Ladd Canastota. 

Lakewood L. W. Sayles Bridgeport. 

Lamb, E. D E. D. Lamb Unadilla Forks. 

Lebanon Manhattan Dairy Co New York City. 

Lebanon Milk Producers' Asso- 
ciation, Limited O. M. Wilcox Lebanon. 

Lenox Mills Buyea & Miller Lenox. 

Leonardsville Milk Station G. M. Rainey Leonardsville. 

Madison Centre John Wratten Madison. 

Maple Grove Elmer Johnson Lakeport. 

Marsh C. O. York Brookfleld. 

Morrisville Hopkins & Champlin Morrisville. 

Morrisville Station C. S. Mowers Morrisville. 

Nelson W. H. Histed Nelson. 

North Cazenovia P. H. Wager Chittenango. 

Oneida Valley Wm. McAdam Oneida Valley. 

Paramount J. P. Davis Nelson. 

Perry ville C. A. Buckingham New Woodstock. 

Peterboro Daniel Wolfe Peterboro. 

Pleasant Valley Earl Haight Peterboro. 

Poolville Milk Producers Ass'n. Chas. Dickhout Poolville. 

Quaker Basin Quaker Basin B. & C. Co De Ruyter. 

Randallsville John Harmon Hamilton. 

Reservoir S. D. Burdick De Ruyter. 

River Forks W. Hamlin Unadilla Forks. 

Sheds Corners F. D. Gardner Sheds. 

Siloam A. E. Miller Siloam. 

Solsville Milk Station A. D. Eames Solsville. 

South Hamilton Geo. W. Dickhaut South Hamilton. 

Strip A. J. La Munion Munnsville. 

Temple I. A. Wager North Brookfleld. 

Union M. H. Morgan Brookfleld. 

West Hill B. Stannard, Secretary Chittenango. 

Whitelaw T. J. Virgan Whitelaw. 

Montgomery. 

Ames A. B. Miller Ames. 

Bowmans Creek Peter McEwan Marshville. 

Cayudatta E. L. Miner Fonda. 

Dockstader, Wm Wm. Dockstader Palatine Bridge. 

Flat Creek J. J. Weaver Flat Creek. 

Getman C. Getman Stone Arabia. 

Hallsville Chas. Van Slyke Hallsville. 

Lykers John V. Lyker Lykers. 

Maple Grove Francis H. Pruyn Glen. 

Mohawk Daniel Dockstader Palatine Bridge. 

Nellis, A Jacob C. Nellis Palatine Bridge. 

Palatine Union P. G. Yost McKinley. 

Root John B. Gove Rural Grove. 

Smith Creek C. D. Smith Fort Plain. 

Stone Arabia Albert Kilts Stone Arabia. 

Tribes Hill W. F. Getman Tribes Hill. 

Valley Geo. Rogers Salt Springville. 

Van Deusen Dewitt Van Deusen Freys Bush. 

Zoller Jacob Zoller Little Falls. 

Oneida. 

Alder Creek A. H. Sonn New York City. 

Alexis David E. Karlen Boon ville. 

Augusta Valley John W. Skerritt Vernon Centre. 

Baker Fred P. Baker Camden. 

Bedell Teuscher Bros Rome. 

Blanchard H. E. Blanchard Vernon. 

Blue Brook R. C. Coon Ava. 

Brodock A. & A. Brodock Blossvale. 



30 Ninth Annual Report op the 

Oneida — Con eluded. 

NAME OF FACTORY. Applicant. Post-office. 

Brown Sam Kappler Lee Centre. 

Castle, G H. D. Morehouse Ava. 

Chriestien, F. N., No. 2 F. N. Chriestien Camden. 

Christian, A C. A. Bartell Florence. 

Clinton C. C. & S. Ass'n Geo. B. Havens, President Clinton. 

Cold Spring B. L. Coon Remsen. 

Coon, E. O E. O. Coon Lee. 

Cornish J. D. Morris Camden. 

Cornish Sam Kappler Lee Centre. 

Deansville Jas. D. Kelly Deansboro. 

Deerfield Centre J. J. Donnafield South Trenton. 

Delta C. N. Bathrick Delta. 

Doxstater S. C. Roueston Higginsville. 

Farmers E. D. Franklin Western. 

Fitch & Bacon W. E. Golly Verona. 

Floyd Hill J. J. Reed East Floyd. 

Francis, J. F J. Frank Francis Remsen. 

French Road Thos. R. Jones East Steuben. 

F. T Fred Teuscher North Western. 

Greens Crossing Standard Dairy Co Cassville. 

Greggains, Wm Wm. Greggains Glenmore. 

Hayes Wm. I. Hayes Hawkinsville. 

Hennessy, J. F J. F. Hennessy East Florence. 

Hillsboro Merritt Houghton Ford. 

Jackson J. Gantner Boonville. 

Kent, B. H P. O. Jones East Steuben. 

King, A. S A. S. King Norwich Corners. 

Lee Centre Sam Kappler Lee Centre. 

Lowell F. J. Brill Lowell. 

Marcy Centre Manhattan Dairy Co New York City. 

Merry, G G. Merry Verona. 

Miller Branch John Miller Camden. 

New London J. J. Senn New London. 

North Bay N. Van Home North Bay. 

No. Bridgewater Milk Station.. Geo. C. Kanauer North Bridgewater. 

North Steuben N. H. Folts North Steuben. 

North Trenton E. C. Judson Remsen. 

Oriskany Falls Dairy Co W. E. Hilker Oriskany Falls. 

Pecks Corners J. A. Hodge Waterville. 

Peoples John Finn Point Rock. 

Point Rock S. Keppler Lee Centre. 

Quaker Hill R. G. Jones Glenmore. 

Remsen D. E. Fairchild Remsen. 

Ridge Mills Robert McAdam Ridge Mills. 

Sanquoit Creamery Co A. W. Prescott Sanquoit. 

Sheehan Lary Sheehan Glenmore. 

South Trenton Geo. S. Williams South Trenton. 

South Western C. D. Parsell Big Brook. 

Spring Brook W. J. McComb Boonville. 

Star Hill E. E. Jones Remsen. 

Steuben Association Nelson N. Wood Steuben. 

Steuben Centre P. C. Mills Steuben. 

Stone Road J. J. Davis Cassville. 

Storey Story Bros Rome. 

Taberg Geo. J. Haas Taberg. 

The Porter C. W. Porter North Western. 

Thomas, G. D G. D. Thomas Camroden. 

Vernon Dairy Co E. J. Byrnes Vernon. 

Verona Landing Cheese Co Geo. Breckenridge Higginsville. 

Vienna Albert Brown Vienna. 

Walsworth David Blum Ridge Mills. 

Waterbury Jas. Kirkland Florence. 

West Ava P. E. Adams Ava. 

West Branch David Karlen West Branch. 

West Camden Mrs. L. D. Smith Camden. 

West Canada Creek Ivie Baird Poland. 

Westernville John McCurn Westernvllle. 

West Vienna J. H. Meays Vienna. 

Witters, S S. Witters Colemans. 

Onondaga. 

Brewerton Wm. Moorehead Brewerton. 

Cicero Dennis Smith Cicero. 

Cicero Centre O. J. Daniels Cicero Centre. 

'Clay Centre F. M. Burlis Euclid. 

Dot's Home p. E. Dawley Fayetteville. 



Commissioner of Agriculture. 31 

Onondaga — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

Pompey Centre Creamery Co.... Robert Moore Pompey Centre. 

Riverside C. J. Church £* lgmm - 

Staring B. D. Staring Kirkville. 

Xully C. J. Cummings Tully. 

Vesper Creamery Association.. G. H. Bishop Vesper. 

Ontario. 

Honeoye Valley Cheese Co S. S. Williams Honeoye. 

Naples C. H. Garnsey Naples. 

Orleans. 

Holley F. W. Church Holley. 

Oswego. 

Albion E. H. Burch Salmon River. 

Amboy Centre Robert Foils Amboy Centre. 

Battle Island C. L. Porter Fulton. 

Butterfly G. B. Cusack Clifford. 

Castor No. 1 Geo. L. Castor Pulaski. 

Castor No. 2 J. S. Castor Pulaski. 

Castor No. 3 Geo. L. Castor Pulaski. 

Central Square H. E. Beeby Central Square. 

Cold Brook Fred Jamison Amboy Centre. 

Cold Spring G. G. Simons Redfleld. 

Colosse Union Chas. H. Burliss Colosse. 

Dewey G. D. Trimble Palermo. 

Donnelly G. D. Trimble Palermo. 

Dugway E. George Dugway. 

East Boylston G. D. Eggleston Lorraine. 

East Scriba J. W. Dexter Scriba. 

Empire G. B. Cusack Clifford. 

Empire H. D. Scoville Constantia. 

Finster John J. Miller Lacona. 

Hannibal E. B. Tucker & Son Hannibal. 

Hastings N. W. Wright Hastings. 

Henderson Chas. P. Burch Altmar. 

Hess Homer Beaupre West Amboy. 

Hinmansville E. J. Buckley Hinmansville. 

Howardville F. W. Fenton Howardville. 

Ingersoll, E. M E. M. Ingersoll Lacona. 

Johnson, G. T Mrs. Alice Johnson Williamstown. 

Mallory Jared Mallory .'. Mallory. 

Mayflower H. E. Potter West Monroe. 

Mayflower Melvin Sergeant Redfleld. 

McKinney, A. C A. C. McKi'nney Orwell. 

Molino J- C. Croniser Orwell. 

Nestle, Henri Henri Nestle Fulton. 

New Haven Geo. B. Porter New Haven. 

North Road W. A. Clark Scriba. 

North Volney G. S. Cole North Volney. 

North Williamstown E. S. Hutt Ricard. 

Olmstead, A. E A. E. Olmstead Orwell. 

Oneida River Fred Jarvis Caughdenoy. 

Palermo D. H. Trimble Palermo. 

Parish Centre Leroy Washburn Parish. 

Parish Cheese & Butter Co W. B. Harter Parish. 

Peets Corners A. Sauter East Palermo. 

Pennellville C. F. Barnaskey Pennellville. 

Peoples Ralph A. Stevens South Albion. 

Phoenix A. P. Merriam Phoenix. 

Pulaski W. C. Holmes Pulaski. 

Salisbury No. 1 Brayton Salisbury Pulaski. 

Salmon River Valley G. G. Simons Redfleld. 

Sandy Creek Sandy Creek B. & C. Co Sandy Creek. 

Shoecraft Ada L. Shoecraft Lacona. 

South Hannibal G. D. Trimble Palermo. 

South Richland No. 2 J- J- Miller Lacona. 

South West Oswego C. W. Woodworth s. W. Oswego. 

Star G. A. Fitzgerald West Monroe. 

Stevens, Allen M A. M. Stevens Orwell. 

Stone Quarry John Pifer Arthur. 

Union Square G. B. Vanderwerker Union Square. 

Vant G. D. Trimble Palermo. 



32 Ninth Annual Report of the 

Otsego. 

NAME OF FACTORY. Applicant. Post-office. 

Aliens Lake John McNamara Richfield Springs. 

Bowe Hill R. G. Peet Mt. Vision. 

Brainards Comers H. C. Brockway Richfield. 

Burke, George F Geo. F. Burke West Burlington. 

Centre Valley R. G. Peet Mt. Vision. 

Cherry Valley J. Harrison Cherry Valley. 

Clarksville R. G. McRorie Middlefield. 

East Springfield Wilkinson, Gaddis & Co Newark, N. J. 

East Worcester Chas. Hanor East Worcester. 

Edmeston H. C. Brockway Richfield. 

Eldred, E R. G. Peet Mt. Vision. 

Elk Creek C. L. Murphy Westford. 

Emmons R. G. Peet Mt. Vision. 

Empire Cheese Co E. A. Sage Cooperstown. 

Fall Brook R. G. Peet Mt. Vision. 

German August Aufmut h Fly Creek. 

Gilbertsville J. H. Gilbert & Co Gilbertsville. 

Gilmore H. A. Gilmore Exeter. 

Gregory, S. C C. P. Root's Sons Gilbertsville. 

Hakes R. G. Peet Mt. Vision. 

Hartwick F. B. Rainey Hartwick. 

Hinman Hollow R. G. Peet Mt. Vision. 

Hinneys, J. P Mrs. J. P. Kinney Snowden. 

Holdredge R. G. Peet Mt. Vision. 

Hubbell Hoilow C. H. McRorie Lentsville. 

Huntley H. C. Brockway Richfield. 

Hyder H. C. Brockway Richfield. 

Johnson D. C. Johnson Burlington Flats. 

Lena R. G. Peet Mt. Vision. 

Lentsville Edward Talbot Lentsville. 

Lloydsville K. J. Wing Unadilla Forks. 

Maple Grove J. H. Gilbert & Co Gilbertsville. 

Middlefield T. F. O'Connell Middlefield. 

Milford Centre R. G. Peet Mt. Vision. 

Morris E. R. Hunt Morris. 

New Lisbon C. P. Root's Sons Gilbertsville. 

No. 1 ' H. C. Brockway Richfield. 

Oaksville John J. Rider Schuyler Lake. 

Pashley G. C. Pashley Burlington. 

Patten John D. Rainey Hartwick. 

Phoenix L. E. Carpenter South Edmeston. 

Pierstown Valley M. H. Wedderspoon Cooperstown. 

Pleasant Valley H. C. Brockway Richfield. 

Rider, J. J John J. Rider Schuyler Lake. 

Rock Spring C. J. Hinds East Springfield. 

Roots C. P. Root's Sons Gilbertsville. 

Roseboom J. H. Harrison Cherry Valley. 

Schuylers Lake John J. Rider Schuyler Lake. 

Shamrock C. F. Freer Gilbertsville. 

South Hartwick C. P. Root's Sons Gilbertsville. 

South Valley C. P. Root's Sons Gilbertsville. 

Sponable, G. A G. A. Sponable Burlington Flats. 

Sponenburgh, W. H W. H. Sponenburgh Fly Creek. 

Stanley C. J. Hinds East Springfield. 

State Brand No. 1015 E. W. Wright Burlington Flats. 

State Brand No. 171G B. W. Wright Burlington Flats 

State Brand No. 172S E. W. Wright Burlington Flats. 

Stevens Corners Theron Miller Garrattsville. 

Union C. T. Wheelock North Winfield. 

Wilber Lake Jas. W. Taylor Oneonta. 

West Exeter H. C. Brockway Richfield. 

Westford C. E. McRorie Westford. 

Westville Wm. H. Burch Westville. 

Wilmarth H. C. Brockway Richfield. 

Young, L. D Lyman D. Young Warren. 

Rensselaer. 

Spring Brook W. H. Gage Johnsonville. 

St. Lawrence. 

Belleville E. A. Sheffner Edwards. 

Biche Frank Biche Bigelow. 

Cream of the Valley A. W. Overacker Gouverneur. 

Edwards A. P. Brown Edwards. 



Commissioner op Agriculture. 33 

St. Lawrence — Concluded. 

NAME OF FACTORY. Applicant. Post-office. 

Gouverneur Village J. F. Hodgkin Gouverneur. 

Jenny Creek P. G. Kinnie Pitcairn. 

Russell Village C. A. Royce Russell. 

South Gouverneur Renford Stevenson Gouverneur. 

West Fowler C. W. Fenner Spragueville. 

Schoharie. 

Enterprise Gray, Proper & Co Proper. 

Seward R. G. Peet Mt. Vision. 

Steuben. 

Bennetts Creek W. C. Bassett Bennetts Creek. 

Big Creek Chas. M. Burdette Big Creek. 

Borden Chas. W. Carpenter Borden. 

Call Hill D. A. Oakes Purdy Creek. 

Cold Spring Geo. M. Grow Alfred Station. 

Dryden Ridge A. Oakes Andover. 

E. Troupsburg Jas. McKinley Troupsburg. 

Greenwood Creamery Co M. Shaw Greenwood. 

Guinn Lewis Killenberger Andover. 

Haskinville Leslie Roberts Haskinville. 

Hedgeville Searl & McStay Woodhull. 

Highup Searl & McStay Woodhull. 

Hopper Searl & McStay Woodhull. 

Jasper Searl & McStay Woodhull. 

Lindley Chas. W. Carpenter Borden. 

Monarch E. C. Henry Purdy Creek. 

Mud Creek J. C. Switzer Bradford. 

Murray Bernard Murray Andover. 

Neils Creek E. P. Clymo Avoca. 

North Jasper Searl & McStay Woodhull. 

Presho Chas. W. Carpenter Elkdale. 

Rexville F. A. Millett Rexville. 

Slater Frank L. Jones Saunders. 

Spaulding, Hiram Hiram Spaulding Wallace. 

Squab Hollow W. H. Cooper.. Lila. 

The Howard J. W. Bennett? Howard. 

Troupsburg Jas. McKinley Troupsburg. 

Wallace I. F. Barnes Wallace. 

West Jasper Searl & McStay Woodhull. 

West Union C. H. Austin Whitesville. 

White Clover Wm. Wildrick Woodhull. 

Woodhull Searl & McStay Woodhull. 

Young Hickory Jas. McKinley Troupsburg. 

Sullivan. 

Cold Spring O. C. Smith Hurleyville. 

J. P. Wierck & Co The Empire State Dairy Co Brooklyn. 

TlOGA. 
Catatonk Dairy Co L. C. Burt, Secretary Catatonk. 

Tompkins. 

Caroline R. G. H. Speed Ithaca. 

Cornell University Dairy H. H. Wing '. Ithaca. 

Newfield W. S. Hammond Newfield. 

Washington. 

South Easton E. J. Skiff South Easton. 

Wayne. 

Eureka Willis F. Merrill Wolcott 

Huron Crystarl Spring Samuel Cosad Wolcott 

Red Creek Co Geo. Robertson Red Creek. 



34 



Ninth Annual Report of the 



Wyoming. 

Applicant. 



Post-office. 



Johnsonburg 
Johnsonburg 
Johnsonburg 
Johnsonburg 
Johnsonburg 



NAME OF FACTORY. 

Arcade Geo. E. Hogue Arcade. 

Bennington Centre Richardson, Beebe & Co East Aurora. 

Cluney T. E. Cluney Attica. 

Gainesville A. L. Tuller Gainesville. 

Greene, G A Geo. A. Greene Dale. 

Greene, C. A Chas. A. Greene Warsaw. 

Hermitage H. E. Dolph Hermitage. 

Johnsonburg No. 1 John L. Gibby Johnsonburg. 

No. 2 John L. Gibby Johnsonburg. 

No. 3 John L. Gibby Johnsonburg. 

No. 4 John L. Gibby Johnsonburg. 

No. 5 John L. Gibby Johnsonburg. 

No. 6 John L. Gibby Johnsonburg. 

North Sheldon Richardson, Beebe & Co East Aurora. 

Orangeville Valley Norton & Ahl Orangevllle. 

Park Robert Norton & Co Attica. 

Pike Centennial Mrs. E. B. Willard Pike. 

Sandusky No. 4 J. B. Lewis Sandusky. 

Sandusky No. G J. B. Lewis Sandusky. 

Sandusky No. 7 J. B. Lewis Sandusky. 

Sandusky No. 8 John L. Gibby Johnsonburg. 

Sandusky No. 11 J. B. Lewis Sandusky. 

South Sheldon Richardson, Beebe & Co East Aurora. 

Star No. 1 T. J. Hubbard Wethersfleld. 

Star No. 2 T. J. Hubbard Wethersfleld. 

Star No. 4 T. J. Hubbard W^thersfeld. 

Toziers Richardson, Beebe & Co East Aurora. 

Wethersfleld Springs.... G R. Safford Wethersfleld Springs. 

L. Jones Delevan. 

L. Jones Delevan. 



Yorkshire Centre No. 5 E. 

Yorkshire Centre No. 8 E. 



Yorkshire Centre No. 9 E. L. Jones Delevan. 



Yorkshire Centre No 
Yorkshire Centre No. 



11 E. L. Jones Delevan. 

12 E. L. Jones Delevan. 

Yorkshire Centre No. 13 E. L. Jones Delevan. 

Yorkshire Centre No. 16 E. L. Jones Delevan. 



The number of brands issued to factories during the different 
rears since 1885 is as follows: 

1885 452 

1886 306 

1887 367 

1888 472 

1889 495 

1890 786 

1891 834 

1892 835 

1893 824 

1894 799 

1895 885 

1896 725 

1897 877 

1898 1,156 

1899 1.065 

1900 1.045 

1901 998 



Commissioner of Agriculture. 35 

A few years ago it was discovered by agents of this Depart- 
ment that cheeses were being sold upon the markets of other 
states bearing imitations of some of the Xew York State cheese 
brands, and that the cheeses were not full-cream and were made 
in other States. This has injured the reputation of New York 
State full-cream cheese to a great extent, so much so that the 
dealers in foreign countries are beginning to request that the 
placing of the brand upon the cheese be discontinued, as it is 
no longer a guarantee as to the quality. When it is considered 
that New York State is essentially a cheese State, we see a 
great damage that may result to this industry if this counter- 
feiting is allowed to continue. To show the extent of the cheese 
industry in this State, permit me to call your attention to the 
following facts relative to the manufacture of cheese and but- 
ter for the years 1892, 1894, 1896, 1898 and 1900, respectively: 



36 



Ninth Annual Report of the 



o 

fe 
»-i 

23 

fe 
i— i 

C5 

W 

PP 

CO 

fe 



125 
W 

H 

M 

O 
fe 

(H 

I— l 
fe 

s 

fe 

I— I 

cq 
fe 



CO 



O 

K 
Ph 

fe 
to 

W 
fe 

w 
o 

fi 

fe 

<) 

w 
fe 

H 
H 

D 

PP 

fe 
o 

fe 

o 

H 
•0 
h3 
P 
H 

Ph 
<J 
O 

fe 



OS 
00 



M 

K 
O 


fe 
O 


h 


fe 




O 


£ 
« 

fe 


CO 

O 

fe 

CO 


fe 


fe 

K 


CO 

H 


H 




n 



£ 





Whole 

number of 

pounds of 

cheese made. 


130,991,310 
115,760,325 
87,765,143 
105,405,266 
126,658,672 




Whole 

number of 

pounds of 

butter made. 


19,497,357 
23,218,626 
21,429,694 
30,586,088 
39,183,311 




Number of 

pounds of 

cheese made 

In factories 

making 
both butter 
and cheese. 


20,542,619 
29,839,598 
13,178,993 
21,073,111 
29,456,054 




Number of 

pounds of 

butter made 

in factories 

making 
both butter 
and cheese. 


5,473,338 
6,287,459 
2,923,790 
4,697,083 
8,739,011 




Number of 

pounds of 

cheese made 

in cheese 

factories. 


110,448,691 
85,920,727 
74,586,150 
84,332,155 
97,202,618 




Number of 

pounds of 

butter made 

In butter 

factories. 


14,024,019 
16,931,167 
18,505,904 
25,889,005 
30,444,300 




Whole 
number 

of 
factories. 


co Tt> in ~* co 
r$ m eo *—<~ 

CO CD Tf CD CO 




Number 
of 

factories 
making 

both but- 
ter and 
cheese. 


-;— — ■- — 

•— — Tf O Ol 

CSt CO r-. OJ »-H 




Number 

of 

factories 

making 

cheese 

only. 


in cm inco *-< 

^hOOO — 




Number 

of 

factories 

making 

butter 

only. 


in f- o> *-> co 
m *-« oo co o 
est cccsc^co 


1 


OS 

W 


c- en en &> o 

CO CO CC CO Oi 

»-* r* r* ^i r-* 



Commissioner of Agriculture. 37 

It will be seen by the above figures that these compilations 
have been made biennially since 1802, and that for the five 
vears above indicated the amount of cheese manufactured 
in the aggregate was 560,580,716 pounds; the amount of 
butter manufactured in the factories in the aggregate dur- 
ing the same period was 1:13,015,076 pounds, an average 
for each year in cheese of 113,316,143 pounds; an average 
of 26,783,015 pounds of butter. These figures would show 
that the cheese manufactured in this State is something 
over four times as much as the butter. The cheese of 
this State has enjoyed for several years a reputation on the 
markets of the world second to none. In other words, the New 
York cheese has been considered the best cheese manufactured 
in the United States. If this reputation, gained at much ex- 
pense and great effort, is to be taken away by unscrupulous 
dealers in other States, then it is useless to continue to strive 
for purity of products, as the consumption of these goods will 
be discouraged by the sales of such inferior goods as and for the 
best. It is to be hoped that the condition will be remedied, and 
to that end the Hon. James S. Sherman, member of Congress 
from theTwenty-fifth District of this State, has introduced a bill 
in Congress known as " The Sherman Branding bill," which 
reads as follows: 

A bill to prevent a false branding or marking of food and dairy 
products as to the State or Territory in which they are 
made or produced. 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled. That 
no person or persons in any State or Territory of the United 
States, or in the District of Columbia, shall falsely brand or 
label any dairy or food products which become articles of foreign 
or interstate commerce or commerce with Indian tribes as to 
the State or Territory in which they are made, produced or 
grown, or cause or procure the same to be done by another or 
others: Provided, That this act shall not apply to or include 
the branding of wines or liquors. 

§ 2. That if any person or persons violate the provisions of 
this act, either in person or through another, he shall be guilty 



38 Ninth Annual Report of the 

of a misdemeanor and shall be punished by a fine of not less 
than five hundred nor more than two thousand dollars; and that 
the jurisdiction for the prosecution of said misdemeanor shall 
be within the district of the United States court in which it is 
committed. 

The power exercised by the above act is believed, I am in- 
formed by good constitutional lawyers, to be fairly within the 
power of Congress under that provision in the Constitution 
which provides that that body may regulate commerce between 
the States. It is therefore hoped that this measure will be- 
come a law, to the end that this State and others may exercise 
to the full the inherent right of protecting its reputation for 
integrity. 

MILK. 

During the year the milk has been inspected regularly in the 
several divisions of the State, under the supervision of the As- 
sistant Commissioner in charge of each division, as it was being 
sold or delivered to the consumer. It has also from time to 
time, as often as conditions would permit, been examined or 
tested upon being received at the station or platform within the 
State for delivery to the wholesaler or retailer. As the net 
result of these many examinations at all the different points in 
the State, as reported to this office, I feel warranted in saying 
that the milk supply of the State of New York as a. whole, when 
it reaches the consumer, is in a state of practical purity. We 
do, however, from time to time find some person handling or 
selling milk who, either through wilfulness or laches on his own 
part, is selling adulterated milk. The method of handling such 
cases is that the agents of this Department who make the ex- 
aminations and find by the tests applied that the milk is sus- 
picious, take samples in accordance with the provisions of the 
statute, viz.: Take duplicate samples in bottles especially pro- 
vided for the purpose, seal them in the presence of a witness,, 
delivering one to the defendant or person in charge of the milk 
and the other to our chemist. If upon analysis the milk proves 
to be adulterated, then the case is referred to the Attorney- 



Commissioner of Agriculture. 



39 



General for his action. Under the provisions of chapter 821, 
Laws of 1895, during the year we have in this particular branch 
of the work made and referred to the Attorney-General 416 cases 
for violation of the milk law, as follows: 



October 1, 1901. 

Case No. 

People v. Wilkinson 10455, 10456, 10458 

10460, 10461, 10462 

People v. Jordan 10490 

People v. Worthing 10451, 10453 

People v. Laesser 10478 

People v. Standinger 10485 

People v. Crampton 10492, 10493 

People v. Goheen 10501 

People v. Nicol 10502 

People v. Streeter 10504 

People v. Reener 10513 

People v. Cooper 10515 

People v. Rebing 10519 

People v. Hamill 10520 

People v. Haberlin 10509 

October 2, 1900. 

People v. Crofoot 8979 

People v. Kalweit 4981 

People v. Anderson 4980 

People v. Wart 9101 

People v. Stratton 7747 

October 8, 1900. 

People v. Taf t 7748 

People v. Kosetcka 9948 

October 12, 1900. 

People v. Wainwright 10631 

People v. McDonald 6434 

October 17, 1900. 

People v. Tanner 10350 

People v. Mickel 8050 

October 18, 1900. 

People v. Ford 10352 

People v. Packer & Squares 9422 

October 20, 1900. 

People v. Church 10634 

People v. Smith 6402 

People v. McMannls & White 6410 

People v. Downer 6418 

October 25, 1900. 

People v. Sitterly 8975 

People v. Heroth 8974 

People v. Smith 8977 

People v. Ohm 8980 

People v. Robinson 9104 

People v. Frederick 9102 

People v. Weed 9103 



October SO, 1900. 

Case No. 

People v. Malchoff 9882 

People v. La Rue 9889 

People v. Stone 9891 

October SI, 1900. 
People v. Thompson 10401 

November 8, 1900. 

People v. Wombwell 10527 

People v. Reener 10555 

People v. Parsons 8562, 8563 

People v. Guyle & Dickerson 9424 

People v. Costello 9423 

People v. O'Connor 9425 

People v. Thomas 9427, 9428 

People v. Hickok 8573, 8574 

People v. Fotman & Hollenbeck 8572 

November 12, 1900. 

People v. Schacht 8209 

People v. Coyle 7317 

People v. Graham 7316 

People v. Driscoll 10001 

People v. Green 7319 

People v. Kramer 9551 

People v. Reif 9552 

People v. Attica Creamery Co 9555, 9700 

9556 

People v. Karkow 9677 

People v. Vogt 9678 

People v. Stoddard & Rich 9684 

People v. Angelczik 9688 

People v. Haskell 9695 

People v. Bancroft 9696 

November 12, 1900. 

People v. Peterson 7315 

People v. Kinney 7373 

People v. Drake 7310 

People v. Stearns 7317 

People v. Dubbert 5942 

People v. Roy 5949 

People v. Sommers 7382 

People v. Gishon 5945 

People v. Beebe 5939 

People v. Whalon 5941 

November 2}, 1900. 
People v. Hale 8575 

November 26, 1900. 

People v. Rollins 9212, 9213 

People v. Morohees 9339 

People v. Holmes 9963 

People v. Salmon.. 9967, 9971, 9969, 9968, 9970 



40 



Ninth Annual Report of the 



Case No. 

People v. Winegar 9957, 99G2 

People v. White 9965 

People v. Litts 9760 

People v. Traver 9706 

People v. French 9762 

People v. Kimbell 9761 

People v. Allen & Mills 9763 

People v. Goff 9219 

People v. Rollins 9220 

People v. Brown 9224 

People v. Knapp 9222 

People v. Tobias 9223 

People v. Holt 9221 

People v. "Wilcox 9285 

November 27, 1900. 
People v. Mingle & Avery 9972, 9973 

December 12, 1900. 

People v. Erwin 7364 

People v. Peterson 10008 

People v. Stockwell 7962 

People v. Ogilvie 7311 

People v. McGraw 10003 

People v. Hancock 10002 

December SO, 1900. 

People v. Long & Carroll 8576, 8577 

People v. Cronkite & Curtis 8579 

People v. Sullivan 8580 

People v. Walsh 9442 

People v. Smith 9443, 9444, 94 45 

People v. O'Connor 9435, 9436 

People v. Lonergan 9940, 9441 

People v. Hendte 9430 

People v. Whittaker 9437 

People v. Hill 9431, 9 132 

December 22, 1900. 

People v. Johnston 8801 

People v. Winship 6526 

People v. Robinson 5114 

People v. Reynolds 6530 

People v. Warner 5154 

People v. Weed 6521 

People v. Finch 6529 

December 2b, 1900. 

People v. Clum 4209, 4210 

People v. Shults 4208 

People v. Carragher 4207 

People v. Sipperley 4204 

December 27, 1900. 

People v. Mabie 4206 

People v. Link 4211 

December 28, 1900. 

People v. Zeigler 9588 

People v. Stroh 9580, 9185, 9685 

People v. Schindler 9G99, 9577, 9561 

People v. Munter 9572 

People v. Boehn 9573 

People v. Huppock 9571 



Case No. 

People v. Lannen 9566 

People v. Missert 9564 

People v. Smith 9567 

December 29, 1900. 

People v. Feeter 9448, 9449 

People v. Lyons 9450 

People v. Card 10051, 10052 

January 11, 1901. 

People v. Page 10635 

People v. Peters 7851 

People v. Short 10584 

People v. Morse 10561, 105Q6 

People v. Gerton 10568 

January 16, 1901. 

People v. Sly 9231 

People v. McDonald 9772 

People v. Voight 9775 

People v. Reason 9975 

People v. Edminster 9230 

January 18, 1901. 

People v. Sugar Loaf Dairy Co 8986 

4982, 4974, 8984, 8985 

January 22, 1901. 

People v. Elliott 10402 

People v. Miller 4212 

January 23, 1901. 
People v. Vandecar 5473, 5474 

February 11, 1901. 

People v. Ells & Rupp 9591 

People v. Rupp 9593 

People v. Basher 9587, 9689 

February 21, 1901. 

People v. McDougell 9106 

People v. Parkhurst 9107 

Peoplev. White 8971 

February 2S, 1901. 

People v. Snyder 10360 

People v. Terrell 10359 

February 26, 1901. 

People v. Van Susan 10056, 10057 

People v. Conrad 10055 

People v. Barker 10054 

People v. Burt 10059, 10060 

People v. Smith 10058 

March 1, 1901. 
People v. Sears 7960 

March 12, 1901. 
People v. Teal & Shaw 6431 

March 18, 1901. 

People v. Mumford 4467 

People v. Dolan 4214 

People v. Cole 4215 

People v. Fox 8972 



Commissioner of Agriculture. 



41 



March 21, 1901. 

Case No. 

People v. Carson 8105 

People v. Gillispie 9108 

April i, 1901. 

People v. Seeley 10804, 10805 

People v. Schwartz 10730, 10731, 10732 

People v. Vosburgh 10746 

People v. Brower 10591 

People v. Northrup 10806 

April 17, 1901. 

People v. Link 8805 

People v. Couse 8806 

People v. Megley 6520 

People v. Gloyd 6532 

April 27, 1901. 
People v. Parker 12001 

May 7, 1901. 
People v. May 10357 

May 8, 1901. 

People v. Burton 10363 

People v. Kayner 10362 

May 9, 1901. 
People v. Fritz 9596 

People v. Gerber 9703 

People v. Haas 9713 

People v. Neumann 9715 

People v. Follett 9721 

People v. Wittmann 9728 

People v. Strasser 9740 

May 16, 1901. 
People v. Dunn 10407 

May 17, 1901. 

People v. Bennett 10365 

People v. Cummings 10364 

May 21,, 1901. 

People v. Randall & Son 10814, 10S15 

People v. Trimble 10843, 10844 

People v. Ramsdell.. 10901, 10902, 10903, 10304 

10905 

People v. Goldman 10841 

People v. Nortbrup 10842 

People v. Hoff 10818 

May 25, 1901. 

People v. Salmon 9244, 9245, 9243, 9247 

People v. Hint 9787, 9788, 9789, 9790 

June 8, 1901. 
Peopl v. Bult 5476 

June 15, 1901. 

People v. Dunham 4210 

People v. Mabey 4218 

June 18, 1901. 
People v. Quay 10410 

June 26, 1901. 

People v. Northrup 10926 

People v. Wombwell 10927 



June 28, 1901. 

Case No. 

People v. Hull 4219 

People v. Troy Dairy Co 4221 

June 29, 1901. 

People v. Webb 10S67 

People v. Young :0368 

July 11, 1901. 
People v. Ryans 10371 

July 12, 1901. 

People v. Clark 10068 

People v. Baker 10061, 10062 

People v. Dent & Anderson 10063, 10064 

People v. Corleto 10065, 10066 

People v. Enders 10069 

People v. Bundy & Sutherland 10070 

July 19, 1901. 

People v. Lanehan 4220 

People v. Weber 9726. I'T: 1 ^ 

People v. Wills 10694 

People v. Steinmiller 9736 

People v. Wiser 10654 

People v. Cweika 10658 

People v. Weinsenal 10661 

People v. Gorman 10663 

People v. Landsman 10677 

People v. Neumann 10673 

People v. Hoffman 10684 

July SO, 1901. 

People v. Batchots 5480, 54S1, 5482 

People v. Fonda 4222 

People v. Minor 10414 

August S, 1901. 

People v. Robinson & Hawkins 8712 

People v. Rusch 8762 

People v. Watts 8714 

People v. Mays 8773 

People v. Lowe 8743 

People v. Sugar Loaf Co 8728 

People v. Mutual Milk & Cream Co... 8737 

People v. Schmidt 8739 

People v. Standard Dairy Co 8684 

People v. Mutual Milk & Cream Co... 8730 

People v. Hilman 8770 

People v. Rudorf 8740 

People v. Schoemaker 8731 

People v. Jordan 8695 

People v. Wecht 8727 

People v. McDermott Bunger Co 8686 

People v. Pierson 8748 

People v. Piffer 8744 

People v. Warwick Valley Milk Assn. S705 

People v. Schneider 8720 

People v. Mutual Milk & Cream Co... 8738 

People v. Hatch 8741 

People v. Kipps 8729 

People v. Tuting 8734 

People v. Payson Brothers 8726 



42 



Ninth Annual Report of the 



Case No. 

People v. Mutual Milk Co 8715 

People v. Benderoth 8761 

People v. Wund 8G80 

People v. Tuting 8742 

People v. Mutual Milk & Cream Co... 8708 

People v. Sugar Loaf Dairy Co 8733 

August 5, 1901. 

People v. Long 11025 

People v. Leinsinger 10930 

People v. Conklin 10934 

People v. Teamerson 10936 

People v. Sheil Brothers 10939 

People v. Bailey 10940 

People v. Steele ..-. 10947 

People v. Campbell 10951 

People v. Premier 11003 

People v. Behrendt 11005 

People v. Phillips 11011 

People v. McGuire. .11028, 11029. 11031, llf32 
11040, 11041, 11042, 11044 

August 7, 1901. 

People v. Barthorf 9987, 9986 

People v. Lewis 9998 

People v. Moore 9990, 9988 

People v. Andrus 10000 

People v. Milligan 9999 

People v. Owens 10779 

August 8, 1901. 

People v. Willimieer 8990 

People v. Nelbach 106S5 

People v. Henschke 10764 

People v. Koehler 8S12 

People v. Morrissey f518 

People v. Hermann 6519 

People v. Pechtle 6541 

People v. Hatch 6545 

People v. Stanton 6512 

People v. Barton 6542 

People v. Roarback 5163 

People v. Frank 5164 

People v. Haines 6517 

People v. Vananden 6516 

People v. Best G334 

People v. Ostrander 0333 

August 10, 1901. 

■ le v. Strong 6543 

le v. Robinson 6544 

August 22, l[)0l. 

People v. Roberts S994 

People v. Hunt 8995 

People v. Bliss 8998 

People v. Eades 89?7 



August 2',, 1901. 

Case No. 

People v. Smith 11253, 11254 

People v. Campbell 11276 

People v. Lynch 11261 

People v. Gallager 11277 

September 10, 1901. 

People v. Braunstein & Co 8792 

People v. Michels 8775 

People v. Pierson 8767 

People v. Nelson 8777 

People v. Manhattan Dairy Co 8782 

People v. Steinmann 8764 

People v. Hartmann 8776 

People v. Withers 8783 

People v. Eggers 8700 

People v. Havemeyer 8765 

People v. Greenwich Dairy Co 8791 

People v. Wright 8781 

People v. McRoberts 8784 

People v. Smith 8785 

People v. Nelson 8772 

September 16, 1901. 

People v. Doolittle 11257 

People v. Stenshorn 11260, 11262 

People v. Hatfield 11259 

People v. Yoemans 11258 

People v. Wood 11279 

People v. Mills & Getman 4984 

People v. Shoemaker 8973 

People v. Lawton 4985 

People v. Miller 8391 

People v. Stevens 10417 

September 17, 1901. 
People v. Smith 9109 

September 2! h 1901. 

People v. Palmer 10416 

People v. Boughton 10418 

People v. Young 6952, i 853 

September 25, 1901. 

People v. Hallings 11051 

People v. Ammann 11045 

People v. Church 11066 

People v. Ireland 11057 

September 30, 1901. 

People v. Routh 10785 

People v. Berchtold 11320 

People v. Lippert 11321 

People v. Annex Cafe Co 11317 

People v. Wetherwax 11313 

People v. Zeitler 11310 

People v. Beuhlman 

People v. Prior 11303 

People v. Bauer 10786 

People v. Woodward 11302 



The showing is very gratifying to us and indicates there were 
fewer people last year who were either negligent or wilful viola- 



Commissioner of Agriculture. 43 

tors of the statute, and that they are paying more respect to it 
as time goes on. 

The milk question is one of great concern to everybody, as 
nearly everybody is a purchaser or consumer of the same. One 
of the particular methods of adulterating milk has been, dur- 
ing the extreme warm months to add to it preservaline. 
Some of these preservalines are made from formaldehyde, a 
chemical substance that is said to be poisonous and may 
be injurious even in small quantities to the human system. 
Many apparently well meaning milkmen and men with rep- 
utations for integrity have used it under representations 
made to them that its use was not only harmless, but ben- 
eficial. The following fallacious argument has been used, viz: 
That it could not harm any commodity to put something into it 
that simply preserved it in its original state; that everybody 
preserved fruit so as to have it as near as possible in its original 
state at the time of the year when it could not be grown. This 
argument has convinced a great many and they have used the 
commodity only to find themselves in trouble thereafter for 
using it. I am informed by those competent to speak upon the 
subject that the preservaline hinders, if it does not stop, that 
decomposition which is necessary to rapid and complete diges- 
tion. The fact that these statements and arguments have been 
used as they have been to many of the dealers accounts for 
many of the violations of the milk law which have been reported 
to the Attorney-General. At the present time some of the 
cities of the State are seriously considering the effect upon the 
human system of milk containing too many bacteria of a given 
kind. This question is not only an intensely interesting one, 
but a very complicated one. It might well be termed, " A small 
question on a large scale." It is with much difficulty that we 
can procure assistance that is competent to pass upon this ques- 
tion, but in view of the fact it is the coming question and one 
that is being strongly agitated in some of the cities in the State 
of New York of milk containing more than a given number of 
bacteria to the cubic centimeter, I have been doing what I could 



44 Ninth Annual Report of the 

with the assistance I was able to procure to determine what, if 
anything, could be done to assist those in producing milk, to the 
end that they might send it to the city with as few bacteria of a 
dangerous character as possible in it. I have consulted with 
Prof. V. A. Moore of Cornell University, who is eminently 
qualified, having made it a life study. He has prepared a re- 
port relative to this question, and from that report I am of the 
opinion that the danger from this source is not nearly so great 
as the people have been led to. believe. However, the facts as 
found by Professor Moore have been placed at your disposal (see 
Eighth Annual Report of the Commissioner of Agriculture), and 
if in your wisdom it is deemed best to place at the disposal of 
this Department the necessary means or equipments with which 
to enter further into this subject, it would probably prove a 
benefit not only to the milk producing portion of our people 
but to the consuming public. 

By chapter 153, Laws of 1898, your honorable body provided 
that no milk cans in which milk had been conveyed to city or 
town should be returned in a filthy condition or containing any 
garbage or deleterious milk, but in making this provision it also 
provides it should not apply to cities of the first class. It is 
now conceded that this is one of the great sources of food for 
bacteria, and that great quantities of it exist in cans that are 
returned from cities of the first class, i. e., New York and Buf- 
falo. By virtue of that provision this Department is unable to 
do anything whatever relative to the cans returned to the pro- 
ducer from the above-named cities. It is a fact well known to 
all persons who see such cans that many of them are returned 
reeking with foul odors from garbage of different kinds de- 
posited therein by some one in the city before returning them. 
That this garbage is a great source of food for bacteria of all 
kinds, and more particularly harmful bacteria, cannot be de- 
nied. This act, in my judgment, should be amended to the end 
that the law should be applied to all portions of the State with- 
out exception. 



Commissioner of Agriculture. 45 

The amount of milk received in the city of New York during 
the years 1888 to 1901, inclusive, is as follows: 

Number 

forty-quart 

cans 

1888 6,062,216 

1889 6,630,278 

1890 8,141,983 

1891 8,269,953 

1892 9,084,781 

1893 9,303,315 

1894 9,485,018 

1895 9,336,827 

1896 10,079,417 

1897 10,338,356 

1898 12,382,106 

1899 13,121,655 

1900 13,504,610 

1901 14,005,007 



CONDENSED MILK. 

During the year agents of this Department have found several 
firms in the State that were selling condensed milk in cans her- 
metically sealed and that were not labeled or branded as re- 
quired by the statute. In these instances cases were made and 
referred to the Attorney-General for prosecution as follows: 

August 20, 1901. People v. O'Dell. 

People v. Jurgens, No. 100. People v. Scranton Dairy Co. 

People v. Nestle. People v. Wood & Sellick. 
People v. Smith & Sills. September SO, 1901. 

August 25, 1901. People v. Fuller & Jones. 

People v. Strait Bros. People v. Huron Condensed Milk Co. 

___.-„ <nn< People v. Leggett & Co. 

September 1, 1901. Pe y Vermont Milk Co. 

People v. Elliott. 

These violations have not been numerous, but illustrate the 
fact that all the avenues require watching in order to avoid 
violations. On the whole the law is observed by producers of 
this class of goods. These manufacturers in particular are to 
be commended for the cleanliness and good sanitary condition 



46 Ninth Annual Report of the 

around their plants, and the great care with which all the cattle 
and their surroundings are observed by those producing milk 
for these plants. The work done by these people is in a great 
degree educational to the milk producing public and is propor- 
tionately beneficial to the milk consumer. 

PRESERVALINE. 

Your honorable body provided by chapter 534, Laws of 1900, 
as follows: 

No person shall sell, offer or expose for sale, any butter or 
other dairy products containing a preservative, but this shall 
not be construed to prohibit the use of salt in butter or cheese, 
or spirituous liquors in club or other fancy cheese or sugar in con- 
densed milk. No person or persons, firm, association or cor- 
poration shall induce or attempt to induce any person or per- 
sons to violate any of the provisions of the agricultural law. 
Any person, firm, association or corporation selling, offering 
or advertising for sale any substance, preparation or matter 
for use in violation of the provisions of the agricultural law 
shall be guilty of a violation of this act. 

Under the provisions of this statute I have endeavored to 
stop all persons in the State of New York from advertising or 
selling preservaline for the preservation of dairy products. 

In the case of the People v. Biesecker, the question of the 
constitutionality of the said law was raised, the attorney for 
the defense contending that the said law was unconstitutional 
because it sought to prevent the sale of all preservatives and 
was not confined to the prohibition against preservatives that 
were deleterious to health. The court held with the defense 
in this, basing its views mainly upon the proposition that pre- 
servatives were to preserve and not to destroy, and it was 
plainly beyond the constitutional power of the Legislature to 
pass a law that prevents a man from preserving or caring for 
his property. This case was appealed, the Appellate Division 
of the Supreme Court sustaining the decision of the lower court. 
From this decision an appeal was takeTf to the Court of Appeals. 

The following are the briefs and points for the People on 
appeal: 



Commissioner of Agriculture. 17 

COURT OF APPEALS— STATE OF NEW YORK. 

The People of the State of New York, Plaintiff-Appellant, 
against John S. Biesecker, Defendant-Respondent. 

Statement of Facts. 

This action was begun bj- the Commissioner of Agriculture 
of the State of New York, for the violation by the defendant of 
section 27 of chapter 338 of the General Laws passed in 1893 
and known as the Agricultural Law, as amended by chapter 534 
of the Laws of 1900. Authority to bring the action is given by 
section 8, and the penalty sought to be collected is one hundred 
dollars ($100) imposed by section 37 of the law. 

Section 27 as amended in 1900, prohibits the adulteration of 
dairy products with animal fats or oils and the manufacture of 
any oleaginous substance with intent to sell the same as butter 
or cheese; no person shall solicit orders for the sale of the same, 
nor sell any such product or substance as a product of the dairy; 
no person shall coat, powder or color butterine or oleomargarine 
with annatto, by means of which such oleomargarine shall be 
made to resemble the product of the dairy; no person shall 
make, sell, or have for sale, butter that is produced by taking 
original stock, melting the same and mixing the resultant butter 
fat with skimmed milk and producing what is commonly called 
process butter, unless he shall plainly mark it as " renovated 
butter," and the tub containing such shall have the top and 
sides marked " renovated butter," with letters at least one inch 
in length. 

This action was brought for the violation of the remainder 
of the section which reads as follows: 

" No person shall sell, offer or expose for sale, any butter 
or other dairy product containing a preservative, but this shall 
not be construed to prohibit the use of salt in butter or cheese, 
or spirituous liquors in club or other fancy cheese or sugar in 
condensed milk. No person or persons, firm, association or cor- 
poration shall induce or attempt to induce any person or persons 
to violate any of the provisions of the Agricultural Law. Any 
person, firm, association or corporation selling, offering or 



4.8 Ninth Annual Report op the 

advertising for sale any substance, preparation or matter for 
use in violation of the provisions of the Agricultural Law, shall 
be guilty of a violation of this act." 

The amendment of 1900 became a law in April of that year. 
In July 1900, the plaintiff served the defendant with the sum- 
mons and complaint in this action which alleged: 

" That for some time prior to June 27th, 1900, and on the 27th 
day of June, 1900, at his store, No. 59 Murray street, borough 
of Manhattan, city of New York, the defendant did offer for 
sale, did advertise for sale and did sell a substance, preparation 
or matter called preservaline, which was declared by him to be, 
and advertised by him to be put into, mixed with and made a 
part of dairy products and be a preservative of butter or other 
dairy products. That said substance, preparation or matter 
called preservaline is a preservative, and is not salt to be put 
into butter or cheese and is not spirituous liquors to be put 
into club or other fancy cheese, and is not sugar to be put into 
condensed milk. 

" That the defendant offered for sale, advertised for sale and 
did sell the said substance, preparation or matter with the intent 
and recommendation that the purchaser should manufacture it, 
mix or compound it with or add it to natural milk or cream and 
other dairy products, and then sell the said dairy products con- 
taining the said preservative. That said advertisement, offer 
of sale and sale of said substance, preparation or matter by the 
defendant was advertised and sold for use in violation of the 
provisions of the Agricultural Law, and contrary to section 27 
of chapter 338, of the Laws of 1893, as amended by section 1 of 
chapter 149, of the Laws of 1899, as amended by chapter 534 of 
the laws of 1900." 

The defendant admitted that he advertised for sale, offered 
for sale, and sold a substance to be put into and mixed with 
dairy products, and such substance he advertised to be a " pre- 
servative," but he demurred that he was thereby breaking the 
law of the land, and alleged the statute of 1900 — that no per- 
son shall sell, offer or expose for sale, any butter or other dairy 



Commissioner of Agriculture. 49 

product containing a preservative — to be unconstitutional and 
therefore void. 

The issues of law thus raised by the demurrer were brought 
on for argument before Justice Bischoff at the October Special 
Term of the Supreme Court in New York county and that court 
sustained the demurrer. Judgment dismissing the complaint 
was entered December 11, 1900. Plaintiff appealed to the Ap- 
pellate Division of the Supreme Court for the First Department, 
on December 22, 1900. Said appeal came on for argument on 
March 8, 1901, and an order of said court affirming the judg- 
ment at Sperial Term was filed April 16, 1901. Final judgment 
was entered on the order of the Appellate Division on April 
18, 1901, from which judgment an appeal to this court was taken 
May 7, 1901. On October 1. 1901, an order was made by this 
court placing the appeal upon the present calendar and stipula- 
tion was filed by the parties hereto fixing the date of the argu- 
ment for October 29, 1901. 

POINT I. 

The Prohibition Against the Sale of Dairy Products Con- 
taining a Preservative is Constitutional if Enacted to 
Protect the Public Health or to Prevent Fraud. 

The defendant advertised for sale a substance known as 
■" preservaline," which he said was a " preservative," to be mixed 
with and put into milk, and by inducing persons to purchase 
this substance and mix it with milk he became a violator. The 
contention of defendant is, that the prohibition against selling 
a dairy product containing a " preservative " is in restraint of 
liberty, and is the taking of property without due process of 
law, and that he cannot be held liable for inducing anyone to 
violate an unconstitutional law. 

"This court has frequently defined liberty in its broad sense 
as understood in this country to mean, the right, not only of 
freedom from actual servitude, imprisonment or restraint, but 
the right of one to use his faculties in all lawful ways, to live 
and work where he will, to earn his livelihood in anv lawful 
4 



50 Ninth Annual Report of the 

calling, and to pursue any lawful trade or avocation. It has 
been declared to be one of the fundamental rights and priv- 
ileges of every American citizen, to adopt and follow such law- 
ful industrial pursuits not injurious to the community as to him 
may seem fit."— Matter of Jacobs, 98 N. Y., 98; People v. Marx, 99 
N. Y., 377; People v. Gillson, 109 X. Y., 389; People v. Tyrokr, 157 
N. Y., 116. 

The plaintiff grants and admits that this statute interferes 
with the business of this defendant and restrains him from un- 
limited license to sell or advertise the product of his business 
for mixture with dairy products. 

But restraint of person and property is allowed to the legisla- 
ture if the restraint is exercised for the peace, safety, or general 
welfare of the public. Such restraint is called the police power 
of the legislature. 

" We may own our property absolutely and yet it is subject 
to the proper exercise of the police power." — Health Department 
v. Rector, 115 N. Y., 32. 

The question before this court is whether the legislature was 
acting within the police power vested in it when it passed the 
provision: 

" Xo person shall sell, offer or expose for sale any butter or 
other dairy product containing a preservative, but this shall 
not be construed to prohibit the use of salt in butter or cheese, 
or spirituous liquors in club or other fancy cheese or sugar in 
condensed milk." 

The police power has not yet been fully described or its extent 
plainly limited. It has been often remarked that it is difficult 
and impossible to define its limits. One definition called it co- 
extensive with self-protection, and the operation by society of 
the natural law of self-preservation. It has not inaptly been 
called the law of paramount necessity. 

" It is incapable of exact definition, but its existence is 
essential to every well ordered government." People v. King, 
110 X. Y., 423. 

" It is an undoubted rule that it may be exerted to protect 



Commissioner of Agriculture. 51 

the public health, or prevent a fraud upon the people." — People 
v. Girard, 145 N. Y., 105. 

" If the act prohibited is fraudulent there can be no doubt 
that the legislature under its police powers may provide for 
its punishment." 

"A regulation which is instituted for the purpose of prevent- 
ing fraud or injury to the public, and which tends to furnish 
such protection is clearly constitutional." — Parker, Ch. J., in 
People ex rel. Tryoler v. Warden, 157 N. Y., at page 123. 

" In short, the police power covers a wide range of particular 
unexpressed powers reserved to the state affecting freedom of 
action, personal conduct and the use and control of property." 

" It may be used in restraint of liberty whenever necessary to 
secure the peace, good order, health, morals and general wel- 
fare of the community. And the propriety of its exercise within 
constitutional limits is purely a matter of legislative discretion 
with which the courts cannot interfere." — People v. King (supra). 

" The court will not be prevented from looking at the true 
character of the act as developed by its provisions by any state- 
ment in act itself or its title showing that it was ostensibly 
passed for some object within the police power." — Health De- 
partment v. Rector, 145 N. Y., 32. 

" In other words, its (the Legislature's) determination as to 
what is a proper exercise of the police power is not final or con- 
clusive, but is subject to the supervision of the courts." — Colon 
v. Lisk, 153 N. Y., 196. 

" The courts have not been able or willing definitely to cir- 
cumscribe it, and each case must be decided very largely on 
its own facts. 

" The difference between what is and what is not reasonable 
frequently constitutes the dividing line between a valid and 
void enactment by the Legislature in the exercise of its police 
power." Dissenting opinion, Bartlett, J., Health Department v. 
Rector, 145 N. Y., 42. 

" If courts are able to say upon a perusal of the statute that 
there is some fair and reasonable connection between the stat- 



52 Ninth Annual Report of the 

ute and the protection of the public health and prevention of 
fraud, the statute will be sustained." — Matter of Jacobs, 98 N. Y., 
98; People ex rel. Tijroler v. Warden, 157 N. Y., 116; People v. 
(lillson, 109 N. Y., 389. 

This court jealously guards the right to scrutinize every de- 
cision of the Legislature as to what is or is not a valid exercise 
of the police power. The plaintiff must show to this court a 
reasonable connection between the statute and the protection 
of the public health or the prevention of fraud. 

POINT IT. 

The Prohibition Against the Sale of Dairy Products Con- 
taining a Preservative is for the Protection of the 
Public Health. 

1. The statute expressly states this object: 

Section 36 of the Agricultural Law expressly declares each 
section of the law to be enacted to prevent deception " and to 
preserving the public health, which is injured by the manufac- 
ture, sale and use of the articles or substances herein regulated 
or maintained." 

2. The history, context and subject matter of section 27 show 
this object: 

Section 27 as a general law was passed in 1893 and reads as 
follows: 

" No person shall manufacture, mix or compound with or add 
to natural milk, cream or butter any animal fats or animal or 
vegetable oils, nor make or manufacture any oleaginous sub- 
stance not produced from milk or cream, with intent to sell the 
same as butter or cheese made from unadulterated milk or 
cream or have the same in his possession with such intent; nor 
shall any person solicit or take orders for the same or offer the 
same for sale, nor shall any such article or substance or com- 
pound so made or produced, be sold as and for butter or cheese 
the product of the dairy. No person shall coat, powder or 
color with annatto or any coloring matter whatever, butterine 
or oleomargarine or any compound of the same or any product 
or manufacture made in whole or in part from animal fats or 
animal or vegetable oils not produced from unadulterated milk 
or cream by means of which such product, manufacture or com- 



Commissioner of Agriculture. 53 

pound shall resemble butter or cheese, the product of the dairy; 
nor shall he have the same in his possession with intent to sell 
the same nor shall he sell or offer to sell the same." 

The kinds of adulterations prohibited were: animal fats, mak- 
ing oleomargarine to sell as butter and coloring the same so as 
to imitate butter. The offenders were, the manufacturer; the 
jobber or man who took orders; the man who had in possession 
for sale and the man who sold. 

The first amendment to this section was made by chapter 149 
of the Laws of 1899, and consisted of the addition to the sec- 
tion of the following: 

" No person by himself, his agents or employees, shall manu- 
facture, sell, offer or expose for sale, butter that is produced 
by taking original packing stock or other butter or both and 
melting the same, so that the butter fat can be drawn off, then 
mixing the said butter fat with skimmed milk or milk or cream 
or other milk product and rechurning the said mixture, or that 
is produced by any similar process and is commonly known as 
boiled or process butter, unless he shall plainly brand or mark 
the package or tub or wrapper in which the same is put up in 
a conspicuous place with the words, ' Renovated butter.' If the 
same shall be put up, sold, offered or exposed for sale in prints 
or rolls, then the said prints or rolls shall be labeled plainly 
with printed letters in a conspicuous place on the wrapper with 
the words ' Renovated butter.' If the same is packed in tubs 
or boxes or pails or other kind of a case or package the words 
' Renovated butter ' shall be printed on the top and side of the 
same in letters, at least, one inch in length, so as to be plainly 
seen by the purchaser. If such butter is exposed for sale, 
uncovered, not in a package or case, a placard containing the 
label so printed shall be attached to the mass of butter in such 
manner as to easily be seen and read by the purchaser. No 
person shall sell, offer or expose for sale, any butter or other 
dairy product containing a preservative, but this shall not be 
construed to prohibit the use of salt in butter or cheese, or 
spirituous liquors in club or other fancy cheese or sugar in con- 
densed milk." 

The original section would seem to have reached all kinds of 
adulteration; but evidently there were offenders who were 
shrewdly avoiding the effect of section 27 by taking oils or fats 
directly from old butter and making " renovated butter." 



5i Ninth Annual Report of the 

Another class of offenders were putting into and mixing with 
dairy products a foreign substance which they called a " pre- 
servative," and to reach this class the sentence was added, " no 
person shall sell, offer or expose for sale any butter or other 
dairy product containing a preservative." 

Nowhere in the Agricultural Law was there anything to 
punish the man who induced another to do the mixing of a 
foreign substance with a dairy product; nor to punish the per- 
son or firm who offered to sell and advertised for sale, fats and 
animal or vegetable oils; the various coloring matters to make 
substances resemble butter, or to make white vinegar resemble 
in color the pure cider vinegar, or who sold the instruments or 
chemicals, substances or compounds with which the Agricul- 
tural Law could be violated. 

This was the evil that brought about the last amendment of 
section 27 and the enactment of chapter 534 of the Laws of 
1900. It caught the defendant in the meshes of the law and 
caused him to raise a great hue and cry about abuse of liberty 
and the Constitution. The act reads as follows: 

" No person or persons, firm, association or corporation shall 
induce or attempt to induce any person or persons to violate 
any of the provisions of the Agricultural Law. Any person, 
firm, association or corporation selling, offering or advertising 
for sale any substance, preparation or matter for use in 
violation of the provisions of the Agricultural Law shall be 
guilty of a violation of this act." 

The entire Agricultural Law has running through it the mani- 
fest intention of the Legislature to protect the food supplies of 
the people. It regulates the standard for milk; the kinds of 
food to be fed to the cows; fixes times when milk from cows 
cannot be sold; fixes a standard for the purity of vinegar; pro- 
hibits the sale of bobbed veal and protects butter and cheese 
from the sale of imitations as butter and cheese. Section 27, 
containing the enactment under review, is set in and is sur- 
rounded by and made a part of all this legislation. Surely the 
Legislature Avas giving its attention to the public health and 



Commissioner of Agriculture. oo 

was not thinking of this defendant nor the destruction of his 
business. Nor was it thinking, as in the case of People v. Marx, 
99 N. Y., 377, and in re Jacobs, 98 X. Y., 98, of upholding some 
special industry or class. 

3. Any dairy product containing a preservative is harmful to 
the public health: 

If a preservative in a dairy product is harmful, even the de- 
fendant will not deny the power of the Legislature to prohibit 
its use. The court must not be deceived by the definition of the 
word into believing that the substance itself, because called by 
that name, must be harmless. The positive charge is here made 
and plaintiff could have proven it on trial, that any chemical 
preservative introduced into and mixed with a dairy product is 
harmful just because it does preserve. Plaintiff could also have 
shown that most, if not all, the so-called preservatives have as 
their main element the chemical called formaldehyde, which is 
the chief element in the embalming liquors used by undertakers, 
and which is generally used by photographers to coat their 
plates with a hard gelatinous surface. 

In re Jacobs this court took judicial notice of the public 
demand for tobacco, of its nature and its quality. Plaintiff 
urges that the court now take judicial notice of the fact that 
dairy products are of a perishable nature tending to fermenta- 
tion and decay; that digestion and assimilation of dairy prod- 
ucts in the human body is nothing more or less than hastened 
fermentation and decay; that any substance introduced into 
dairy products and mixed with them, which tends to hold to- 
gether its elements and molecules so as to defeat the natural 
progress to fermentation and decay would continue to have the 
same effect when that dairy product had passed into the human 
stomach. It could not be a preservative unless it resisted the 
tendencv of the food toward decav; this same resistance would 
be made against the fermentation and digestion of the food in 
the human stomach. 

The Legislature examined into the various so-called preserva- 
tives, as must be evident from the exceptions which it makes 



56 Ninth Annual Keport or the 

of salt in butter or cheese, or spirituous liquors in club or other 
fancy cheese or sugar in condensed milk. That there are ex- 
ceptions mentioned indicate that the questions of harmlessness 
or harmfulness was considered by the Legislature. There was 
the forum in which this defendant should have urged the harm- 
less character of preservaline. The Legislature determined that 
some preservatives at least were harmful. 

Defendant doubtless will loudly take issue with the state- 
ment that all " preservatives " are harmful, and will urge on 
the contrary that his preservaline is as harmless as the best 
milk from a Jersey dairy. That is one of the marvelous dis- 
coveries of science of this age. He surely will not urge that 
all " preservatives " selling on the market are harmless. In 
competition with his rivals in the market place we know that 
he vouches only for his own product. We know also that his 
competitors return his compliment and vouch only for the harm- 
lessness of their product. There can be no doubt that at least 
some " preservatives " are harmful. 

4. In protecting the public health from some harmful pre- 
servatives the Legislature may prohibit the sale of all preserva- 
tives in the exercise of its discretion. 

The plaintiff alleges that all preservatives are harmful. The 
defendant insists that all or at least some are harmless. This 
court cannot take to itself, nor does it want to do so, the duty 
of determining when any prohibited article is harmful or harm- 
less. This court can, however, take judicial notice of the effect 
of chemicals in food to decide that some chemicals inserted in 
food which would preserve the food and thereby become en- 
titled to the name " preservative " are in fact harmful to diges- 
tion and to the public health. The word " preserve " and the 
noun " preservative " does mean harmlessness as applied to 
preservation of iron by paint from rust, but when the word 
" preservative " is applied to a chemical reaction in food it 
does not follow that the food thereby is not injured as food by 
reason of the very reaction which has been necessary to pre- 
serve it. 



Commissioner of Agriculture. 57 

The defendant protests that the Legislature has put a ban on 
what he would call a harmless preservative as well as on the 
harmful. He would have the statute limited so as to read: 

'•' No person shall sell any dairy product containing a harm- 
ful preservative." 

Any such enactment would cover this State with all kinds 
of food adulterants christened by their makers " harmless pre- 
servatives." The State would be obliged to pursue every one 
through all of the courts clear up to this forum before any one 
of the adulterants would give up the fight and retire from the 
traffic in the public health. Such an act would be a public 
announcement to every chemical manufacturer: "Come to New 
York and adulterate dairy products and take your chances in 
getting a jury to call you a harmless preservative." Even 
though the " preservative " might be held to be most harmful 
he would be doing business for a year behind the law's delays 
at a profit of such size as to make the expense of litigation very 
worth while. If the question of harm or not-harm is not to be 
left to this court, but is to be left to a jury there would be one 
decision in Buffalo and another in New York city. The entire 
State would be divided into a camp of juries, a camp of is-it- 
harmful and a camp of is-it-not-harmful. Under one Appellate 
Division a preservative would be harmless and sold with im- 
punity, under another it would be harmful and barred from 
sale. 

The State simply could not collect evidence and otherwise 
cope with the army of adulterants. Like a horde of locusts 
their very numbers would overwhelm opposition. This situa- 
tion would result just because defendant thinks it better that 
ninety-nine guilty adulterants should escape rather than that 
the liberty of one innocent adulterant should be violated. 

In matters of the food of the general public, is it not public 
policy, is it not legislation for the good of the whole, even at 
the sufferance of a few, is it not a valid exercise of the police 
power, that one harmful adulterant — " preservaline," if defend- 
ant pleases — should suffer in his liberty of manufacture and sale 



58 Ninth Annual Report of the 

rather than that ninety-nine guilty harmful adulterants should 
escape the law and damage the public health. Does this not 
come within Colon v. List, 153 N. Y., 188, where the court said: 

" The interests of the public generally and not a particular 
class must require it." 

In People v. Cipperly, Judge Learned said: 

" Where there is a general right on the part of the public 
and a general duty on the part of the land-owner or any other 
person to respect such right we think it is competent for the 
Legislature by a specific enactment to prescribe a rule for de- 
claring, establishing and securing such right." 

Is not the Legislature a forum where the citizen can go at 
any time and get recognition for his harmless preservative? 
Is it not the business of the Legislature to determine the 
people's needs and their dangers? 

5. A similar statute has already been declared for the public 
health so far as it relates to one dairy product. 

The case of the People v. Cipperly, 37 Hun, 324, settled the 
rule of law for this case as to milk. The opinion was written 
by Judge Landon. Judge Learned, P. J., wrote the dissenting 
opinion, and the Court of Appeals in 101 N. Y., 631, said: 

" For reasons sufficiently stated by Judge Learned, who has 
dissented in the General Term, the judgment should be re- 
versed." 

Section 13 of the Law of 1S83 was incorporated as section 20 

in the Agricultural Law in 1893, and it provided: 

" The term adulterated milk when so used means milk con- 
taining more than eighty-eight per cent, of water or fluids and 
milk containing less than twelve per cent, milk solids." 

The evidence in the case showed that the milk in question 
had been drawn from healthy cows and in its natural state fell 
below the standard. 

It was asserted that the milk was in fact a wholesome prod- 
uct and the decision of the General Term, which was reversed, 
was the same argument as defendant is here using, viz., that the 
Legislature was beyond the police powers and was not protect- 



Commissioner of Agriculture. 59 

ing the public health in prohibiting the sale of wholesome milk. 
In that case there was no foreign substance in the dairy prod- 
uct, it simply fell below the arbitrary standard. The dissenting 
opinion, which was made the opinion of this court, says: 

" How is unwholesomeness to be determined. The court can- 
not take judicial notice whether milk below a standard is or is 
not unwholesome. Is it for the jury? If so the court must charge 
the jury in each case that if they find milk below that standard 
to be unwholesome, then the statute is constitutional; if they 
find it to be wholesome, then the statute is unconstitutional. A 
constitutional question cannot be settled or rather unsettled in 
that way. It would vary with the varying judgment of juries." 

" If the Legislature may fix a standard, they must judge 
whether or not milk below that standard is wholesome. The 
courts cannot review that judgment." 

" It cannot even be material to the present question whether 
milk below the standard fixed by the State is or is not whole- 
some, the question is whether the Legislature can establish a 
standard of purity." 

Section 13 of the old law being section 20 of the Law of 1893, 

continued in its definitions of what the term adulterated milk 

means down to and inclusive of the following subdivision: 

" Milk which has been diluted with water or any other fluid 
or to which has been added or into which has been introduced 
any foreign substance whatever." 

Of this section and of this subdivision this court said in that 
case: 

" The examination of the present law clearly shows that it 
relates to and is appropriate to promote the public health. 
Whether its details are wise we do not know, but its object is 
evident and is good." 

" There is nothing in the present law which has any other 
result in view than the public health. No large manufacturers 
are to be protected against the competition of a single work- 
man. No other intention can be gathered from the law, plainly 
none other existed and in view of the difficulties which surround 



60 Ninth Annual Report of the 

the attempt to secure wholesome milk to the people, it is by no 
means certain that the establishment of a definite standard is 
not a judicious provision.'' 

This court has said all this regarding one dairy product, how 
can it now say that the Legislature when it seeks to prohibit 
the sale of all other dairy products as dairy products " into 
which has been introduced any foreign substance whatever " 
is acting from a different motive. 

The portion of section 27 referring to " renovated butter," 
prohibits the sale of a butter which apparently on the surface 
of the statute is far more conclusively harmless than the so- 
called " preservative." It will not be contended that the Legis- 
lature has not the power to insist that such " renovated butter " 
shall be marked by its true name " renovated butter " and shall 
not be sold as the real thing. Yet in fact it is real butter. It 
has had no foreign substance added to it; it has simply been 
worked over; it is a second-hand product. This process is a 
sort of preservative process by mechanical means. It treats 
butter after it has become old or decayed. If the prohibition 
against the insertion into butter of a chemical whether called 
"preservative," "restorer," "renewer," or whatever the name, 
is unconstitutional, how much more is the statute restraining 
the business of the renovator unconstitutional. His product 
ought to be entitled to sale, because the elements he uses are 
solely nature's elements? The statute in this case prohibits 
the sale of butter containing a foreign substance introduced to 
delay its fermentation and to make it less digestible, and the 
statute simply says that such dairy product shall not be adver- 
tised and sold as the pure article. 

Does the line of difference between the legislation for the pub- 
lic health and of legislation beyond the police power lie some- 
where between milk and other dairy products? 

In the language of Judge Finch of this court, " Let us play 
no tricks with food, let us have no experimentation." 



Commissioner of Agriculture. 61 

POINT III. 

The Prohibition of the Sale of a Dairy Product Containing 
a Preservative was Enacted to Prevent Deception. 

1. The statute expressly states this object: 
Section 36 of the Agricultural Law says: 

" This article and each section thereof are declared to be 
enacted to prevent deception in the sale of dairy products." 
Article 2 includes both section 27 and section 36. 

2. The history, context and subject-matter of section 27 show 
this to be its object: 

The history of the different amendments to section 27 and the 
discussions of the provisions of article 2, given above, bear with 
equal force on this object of the statute. 

3. Even if all the preservatives are harmless, their sale can 
be prohibited to prevent fraud: 

Defendant urges unconstitutionality against the statute 
solely because it would prevent the sale of what he calls harm- 
less preservatives. Admitting for argument they were all harm- 
less, the police power may be exercised to prevent fraud. 

If the statute sought to prevent the sale of a dairy product con- 
taining any harmless foreign substance under any name than 
the name of a dairy product, it would manifestly be unconsti- 
tutional under the decision of People v. Marx, 99 N. Y., 377, but 
the statute is directed to prevent the sale as dairy products of 
dairy products which dp contain a foreign substance. Dairy 
products are of such character and constituency that every one 
knows their origin and their constituents. A purchaser of 
dairy products desires dairy products, and not dairy products 
plus some other substance. It is most absurd for the defend- 
ant to argue, as he did in the lower court, that this act pro- 
hibits the sale of Matzoon, or Sparklets, or Kuyinss, or milk 
punch, or carbonic acid gas, or boracic acid. 

He calls all of these, I suppose, within the statute's meaning 
of the word preservative. The absurdity of this reasoning 
would command no attention from the plaintiff were it not 



62 Ninth Annual Report of the 

that the decision of the Special Term and the decision of the 
Appellate Division suggests that the minds of the lower courts 
were deceived by this specious suggestion. 

This act does not prohibit a dairy product to be sold under 
the name of Kuymss or Matzoon, any more than it prohibits the 
sale of butter mixed with a foreign substance to be made into 
a hard sauce, or milk to be mixed with eggs and be sold as 
custard, or to be mixed with liquor to be sold as punch; 
but it does declare it to be a fraud to mix any of these 
substances with a dairy product, or to make any formula or de- 
coction containing milk and then to sell them as milk, or as 
butter, or as cheese. All the substances may not only in them- 
selves be harmless which are mixed with dairy products, but 
after any chemical action brought about by their mixture, the 
resultant compound might even be helpful, yet such mixture 
ought not to be allowed to be sold as a pure dairy product. 

In People v. Girard, 145 N. Y., 105, Judge Finch sums up the 
argument for the plaintiff. 

In that case the statute prohibited the introduction of any 
coloring matter into vinegar, and the words in the following 
quotation, not in italics, have been inserted simply to substitute 
the words dairy products in place of the word vinegar where 
that word appears in the original opinion. We quote verbatim 
in italics: 

It must also be assumed that the Legislature acted with knowledge 
of dairy products, of their appearance and the modes of their 
manufacture. Everybody is familiar with dairy products, for they 
go into all households. Their color and appearance are as well under- 
stood as their taste, but a dairy product has come upon the market 
containing a foreign substance called a preservative. It is said 
to be entirely healthy and a safe food product, and that may be 
granted. Xo law forbids its manufacture or sale. The markets of 
the State are open to it freely and without restraint, and the only 
prohibition is against the fraud of a false condition. 

Purchasers had a natural preference for the old familiar 
article and were more or less averse to an experiment with the 



Commissioner of Agriculture. 63 

new. The greed of profit, which has adulterated or disguised 
almost every article of food, has led to the device of preventing 
natural decay or decomposition by mixing and introducing into 
a dairy product a substance or chemical working its effect by 
producing a rigid cohesion of the molecules of the food. 
Although it is changed, the new product, nevertheless, has a 
natural appearance and deceives purchasers. They accept it, 
supposing it to he a pure dairy product in the condition of na- 
ture and prepared for human digestion as nature prepares 
it. It is offered to them under the name and guise, color and 
consistency of the real dairy product, and they take it and use 
it and feed it to their children, believing that the natural food 
is being assimilated by them. It masks tlw truth, it effects a 
disguise, it naturally deceives and is intended to deceive. The 
purchaser comes and asks for a pure, fresh dairy product. The 
seller gives him a preserved dairy product, an old, second-hand 
dairy product, kept by a " preservative " from actual odor and 
all those signs which indicate uncleanness, unwholesomeness 
and decay. It is apparent that the " preservative " was used 
for deception and to defraud the buyer. The Legislature had a 
right to forbid that device and to put a stop to the fraud, but hoio are 
they to do so? The Legislature might make the prohibition against 
a " preservative " for the reason that any tampering with food 
products which adds ingredients, not natural or essential, is fraught 
with danger to the public health or, at least, involves the intent and 
remit of a fraud upon the community. Food should be pure, abso- 
lutely and unquestionably pure. [ No tricks should be played with 
it. The Legislature may resolutely protect it. No " preservative " 
could ever be added to a dairy product and the result sold as a 
dairy product for any good or honest purpose that I can imagine 
Counsel might say: "A dairy product might contain a harmless 
preservative changing the appearance of the dairy product 
so that no purchaser would take it for a dairy product, and yet this 
law is broad enough to forbid that, I grant it. The case is imaginary, 
but assume it to be real. The permission to any "preservative" 
opens the door to other preservatives and which might icell be dan- 



64 Ninth Annual Report of the 

gerous to the public health. Must the Legislature wait for the experi- 
ment and until some number of people are made sick or die of it? In 
so serious a matter as the absolute purity of food, we ought not to 
sag that a general law which simply compels that absolute purity is 
beyond the power of the Legislature. This is by no means the first 
Plane that the Legislature has acted by a general law in seeking to 
protect the public health and safety. Every general law may work 
harshly in a few particular instances. Adding a foreign or artificial 
ingredient to a food product, even for purposes of color merely, is in 
effect an adulteration, and whether it be so described or forbidden by 
more specific terms is not material. 

The Legislature may and does legislate to prevent foreign 
substances being put into the feed of cows and into the milk 
drawn from the cows; to prevent animal fats, vegetable oils 
and coloring matter to be put into butter, cheese and milk. 
What distinction will the defendant urge in favor of his pre- 
servaline that makes it beyond the power of the Legislature 
to prevent his foreign substances being put into all dairy prod- 
ucts. Is it because he selects as a name for his foreign sub- 
stance a word which ordinarilv means harmlessness and 
preservation. 

" In so serious a matter as the absolute purity of food we 

ought not to say that a general law which simply compels that 

absolute purity is beyond the power of the Legislature.'' — People 

v. Girard (supra). 

POINT IV. 

Cases Involving Police Power Distinguished and AprLiED to 

the Statute in This Case. 

1. Illustrations of legislation beyond police power: 
In re Jacobs, 98 N. Y., 98. The law prohibiting the making 
of cigars in certain houses was unconstitutional because the 
law on its face showed that it was not intended to promote the 
public health, and would have no such result. It was class 
legislation to favor some in a given business over their com- 
petitors. The subject in this case is entirely and solely of food. 
It prefers no one food above another. It does not prohibit one 



Commissioner of Agriculture. 65 

preservative and allow another preservative to be used. It is 
general legislation for the whole State. 

In the case of People v. Marx, 99 N. Y., 377, the decision was 
entirely based upon the fact that the oleomargarine was not 
sold as butter, but was represented and offered for sale in the 
place of butter. In that case the court said there was testimony 
that oleomargarine was harmless. The opinion says: 

" The General Term has interpreted the act to prohibit the 
sale of an artificial compound as genuine butter. If that is a 
correct interpretation of the act, we shall concur, but we do 
not so interpret the act. It is not to prevent the sale in imita- 
tion, but a sale to take the place of." 

This statute in this case would not be against this defendant 
if they sold their dairy product containing their " harmless pre- 
servative " under a new name and in place of the real thing. If 
it is in fact a harmless preservative, no act could prevent a 
business in it in place of the real thing. 

The case of People v. Gilson, 109 N. Y., 389, involved the statute 
making it a misdemeanor for any person to sell food and give 
away any other thing as a gift as part of the same transaction. 
The decision was entirely based on the view that the act com- 
plained of was " Evidently that kind which has been so frequent 
of late, the kind which is given to protect one class in the com- 
munity against the fair, free and full competition of some other 
class." 

The statute in that case had not the slightest tendency to 
prevent dealing in impure, unwholesome and adulterated food. 

The case of People ex rel. Tyroler v. Warden, 157 N. Y v 116, 
was decided upon the same reason. 

The statute against the business of cut rate ticket sellers was 
legislation in favor of one class against another in the com- 
munity, and having no clear intent to protect either the public 
health nor indeed to prevent fraud. 

2. Illustrations of valid exercise of police power: 

In the People ex rel. Nechamous v. Warden, 144 N. Y., 529, the 
court held to be constitutional an act which required a man to 
5 



66 Ninth Annual Report of the 

pass an examination and get a license before he could act as a 
master plumber. Sustaining that act as being within the police 
power, the court said that drainage and sewerage affect the 
public health, and that the act was intended to require capacity 
in those who were doing such work. The court did say in that 
case : 

" 1 am not unwilling to state that the act skirts pretty closely 
that border line beyond which legislation ceased to be within 
the powers conferred by the people of the State through the 
constitution upon its legislative body." 

In the Master Plumbers' Act, did the Legislature intend to 
guard the public health, and in this act for dairy products did 
the Legislature have no such intention? 

So also the following statutes have been held to be within 
the police power: 

The exclusion of citizens by reason of race and color from 
the equal enjoyment of any privilege furnished by owners of 
places of amusement is prohibited. — People v. King (supra). 

Owners must furnish water at one or more places on each 
floor in tenement houses. — Health Department v. Rector (supra). 

Barbers shall not work on Sunday, excepting in the city of 
New York and the village of Saratoga Springs. Laws of 1895. 
chapter 823. 

It is a crime to exhibit a female child as a dancer or any 
theatrical exhibition. Penal Code, section 292. 

It is a crime to charge for elevating grain in a price greater 
than that fixed by law. Laws of 1888, chapter 581. 

If all these restraints be within the police power, what dis- 
tinction makes it a gross usurpation of constitutional power to 
prevent the sale of dairy products containing foreign sub- 
stances? 

POINT V. 

The Presumption of Constitutionality Under the Decisions 
Cannot Be Overcome by Defendant. 
"We are not unmindful that the power which courts possess to 
condemn acts should be exercised with great caution and even 
with reluctance." — In Matter of Jacobs, 98 N. Y., 98. 



Commissioner of Agriculture. 67 

" Xothing but a clear violation of the constitution, an un- 
doubted usurpation of power prohibited, will justify declaring 
an act of the legislative department null and void." — People v. 
West, 106 N. Y., 293; People v. Killer, 106 N. Y., 321. 

" It is an undoubted right of the Legislature to judge for itself 
of the character and extent of the danger which is shown to 
exist, and to apply the remedy by a definite rule of prohibi- 
tion."— People v. Guard 145 N. Y., 105. 

" It is within the province of the Legislature to determine 
what laws are needed for the protection of the public, and so 
long as its measures are calculated and appropriate to accomp- 
lish that end its discretion may not be reviewed by the 
Courts."— Colon v. Lisk, 153 N. Y„ 188. 

" Courts should always assume that the Legislature intended 
by its enactment to promote those ends (the good of protecting 
the public health and of serving the public comfort and safety), 
and if the act admits of two constructions, that one should be 
given to it which sustains it and makes it applicable in further- 
ance of the public interests." — People ex rel. Nechameus v. Warden, 
141 N. Y., 536. 

" It has been frequently held and is acknowledged by all 
•courts, that a statutory enactment will not be declared uncon- 
stitutional, and therefore void, unless a clear and substantial 
conflict exists between it and the constitution. It has been 
further held that every presumption is in favor of constitution- 
ality; that the case must be practically free from doubt before 
an act of the Legislature should be declared unconstitutional."— 
People v. GiUson, 109 N. Y., 397. 

" Statutes should be construed, if possible, so as to avoid 
absurdity and manifest injustice." 

" They should receive such construction as to render them 
practicable, just and reasonably convenient." 

" They should be construed to avoid, if possible, constitutional 
restrictions and understood in a sense within such limitations 
rather than in conflict with them. 

*' Where a public and beneficial purpose is evident the courts 



68 Ninth Annual Report of the 

will not substitute their judgment for that of the legislative 
body. The remedy must be found in an. appeal to the legisla- 
tive wisdom.'' — People v. Buffalo Fish Co., 164 N. Y., 97. 

"A statute cannot be declared unconstitutional unless it can 
be shown beyond reasonable doubt that it is in conflict with some 
particular provision of the organic law, nor until every reason- 
able mode of reconciliation with the constitution has been re- 
sorted to, and reconciliation has been found impossible. The 
presumption of constitutionality attaches to every statute 
passed by the Legislature, and the burden of establishing its 
unconstitutionality rests upon and must be borne by the party 
asserting it." — People ex rel. Henderson v. Supervisors, 147 N. Y. r 
1; People ex rel. Tyroler v. Warden, 157 N. Y., 149. 

POINT VI. 

The judgments of lower courts should be reversed, and judg- 
ment absolute be entered against defendant. 
N. Y., October 29, 1901. 

Respectfully submitted, 

JOHN C. DAVIES, 

Attorney-General, for 

Plaintiff -Appellant. 
Of Counsel, 

Samuel S. Slater, 
John C. Davies. 

Regarding respondent's contention that section 37 gives only 
one relief and that a criminal prosecution and the contention 
that if two penalties are imposed it is against United States 
constitution and New York constitution as being twice in jeop- 
ardy, see Matter of Sawyer, 124 U. S., 219, held: Amendments to 
constitution apply to U. S. legislation only and to same eftV.-t 
Spies v. Illinois, 123 U. S., 131. 

Matter of Leszyushy, 16 Blatchford 9, .held: "Congress could 
pass act imposing a penalty of flOO recovered civilly and also 
a punishment to be imposed criminally." 



Commissioner of Agriculture. 69 

People v. MeaUm, 133 N. Y., 214, held: " It is well settled that 
the law may provide for the recovery in a civil action of a 
penalty and for a criminal proceeding also by indictment for 
same offense." 

For cases on constitutionality involving police power, see also 
Powell v. Commonwealth:, (?) U. S., (?); Mazier v. Kansas, 123 U. S., 
623; Laicion v. Steele, 119 N. Y., 226 and 152 U. S., 133; Schollen- 
berger v. Pennsylvania; 171, U. S., 1; 74 N. Y., 509; 120 N. Y., 628; 
110 N. Y., 418; 117 N. Y., 1; 144 N. Y., 529; 149 N. Y., 195; 105 
N. Y., 123; 106 N. Y., 293; 106 N. Y., 321; 113 U. S., 27. 

The following are the brief and points of the defendants : 

COURT OF APPEALS OF THE STATE OF NEW YORK. 

The People of the State of Netc York, Appellant, against John S. 
Biesecker, Respondent, No. 728. 

RESPONDENT'S BRIEF. 

Appeal from Judgment and Order of the Appellate Division 
for the First Judicial Department Unanimously Affirm- 
ing Final Judgment Sustaining Demurrer to Amended 
Complaint Entered on Decision of Mr. Justice Bischoff 
at Special Term. 

Statement. 

This is the first of a large number of actions brought through- 
out the State to recover $100 penalty which it is claimed has 
been incurred by various defendants through alleged violation 
of section 27 of the Agricultural Law as amended by chapter 534 
of the Laws of 1900. 

The only provision of the law which it is claimed has been 
violated is as follows, being a portion of section 27, as amended 
by chapter 534 of the Laws of 1900: 

" No person shall sell, offer or expose for sale, any butter or 
other dairy products containing a preservative, but this shall 
not be construed to prohibit the use of salt in butter or cheese, 
or spirituous liquors in club or other fancy cheese or sugar in 
condensed milk. No person or persons, firm, association or cor- 



70 Ninth Annual Report of the 

poration shall induce or attempt to induce any person or persons 
to violate any of the provisions of the Agricultural Law. Any 
person, firm, association or corporation selling, offering or ad- 
vertising for sale any substance, preparation or matter for use 
in violation of the provisions of the Agricultural Law shall be 
guilty of a violation of this act." 

The penalty for the volation of the above-quoted section is 
prescribed by section 37 of the Agricultural Law, which at the 
date of the alleged violation and at the commencement of this 
action read, as amended by chapter 435 of the Laws of 1809. is 
as follows: 

" Every person violating any of the provisions of articles two 
and three and sections ninety-one and ninety-two of the Agri- 
cultural Law and chapter four hundred and ninety-one of the 
Laws of eighteen hundred and ninety-eight, shall forfeit to the 
People of the State of New York a sum not less than twenty-five 
dollars nor more than one hundred dollars for every such vio- 
lation." 

Aside from the provisions of section 27 as amended by chap- 
ter 534 of the Laws of 1900, it will be conceded that there is no- 
provision of law under which it can be claimed that the com- 
plaint states facts sufficient to constitute a cause of action. 

By this demurrer the defendant presents the contention that 
section 27 of the Agricultural Law, as amended by chapter 5:54 
of the Laws of 1900, in so far as it prohibits the use, manufac- 
ture and sale of all preservatives, is unconstitutional. 

This statute on its face prohibits the use of ice in butter or 
vichy in milk. It forbids the manufacture and sale of such well- 
known products as " matzoon," " kumyss," and " zoolak," the 
much-advertised " Sparklets," which produce aerated milk, and 
numerous other products of a similar character. Even the sale 
of a " milk punch " is within the inhibition of the statute. Not 
only is the use of these products prohibited and made subject to 
a penalty to be recovered in a civil action, but by another clause 
of the Agricultural Law it is made a misdemeanor and punish 
able criminally. — Agricultural Law, § 37, as amended by L. 1899,. 
Ch. 435. 



Commissioner of Agriculture. 71 

Mr. Justice Bischoff at Special Term declared the section 27 
of the Agricultural Law unconstitutional and accordingly sus- 
tained the demurrer. 

His opinion (fols. 25, et seq.), contains a clear exposition of the 
law. 

The plaintiff appealed from the judgment entered upon Mr. 
Justice Bischoff's decision to the Appellate Division for the First 
Judicial Department, which unanimously affirmed the judgment 
below. Mr. Justice McLaughlin's opinion (fols. 49 et seq.), 
adopted by entire court, contains an exhaustive review of the 
law. The plaintiff now appeals to this court from the judgment 
and order of affirmance of the Appellate Division. 

Upon this appeal the defendant raises not only the contention 
that that portion of section 27 of the Agricultural Law which 
was added by chapter 534 of the Laws of 1900, is unconstitu- 
tional, but also the contention that section 37 of the Agricul- 
tural Law, which fixes the penalty for a violation of this and of 
other sections of the Agricultural Law T , does not authorize any 
civil action, but merely a criminal one. The latter point has 
never been raised in any of the courts in this State, and as it is 
of importance, because of the large number of actions pending 
under this and other clauses of the Agricultural Law, we earn- 
estly request the court to pass upon it. 

FIRST POINT. 

The Complaint Does Not State Facts Sufficient to Consti- 
tute a Cause of Action Because Section 27 of the Agri- 
cultural Law is Unconstitutional. 

It is not charged that the defendant sold or offered for sale 
any butter or dairy product containing a preservative, but it is 
alleged that the defendant sold a substance or a matter called 
" Preservaline," which w T as declared and advertised by him to be 
a preservative of butter or other dairy products and which is a 
preservative of butter or dairy products. And it is further al- 
leged that the defendant advertised and offered it for sale with 



72 Ninth Annual Report op the 

intent that the purchaser should mix it with natural milk or 
cream and other dairy products. 

In the amended complaint it is not asserted that the product 
so advertised is harmful or injurious to public health or con- 
tains any poisonous or deleterious substances; that is not a 
mere oversight, but an intentional omission, inasmuch as the 
aticle " Preservaline " has been dealt in and used for upwards of 
twenty years with beneficial results. It is a matter of common 
knowledge that such preservatives as ice, carbonic acid gas, 
sugar, salt, borax and boracic acid are in daily use; the use of 
these articles or even of ice in butter or the combination of vichy 
and milk is within the prohibition of this statute. So are the 
well known products " Matzoon," " Kumyss " and " Zoolak," and 
the much-advertised " Sparklets/' which produce aerated milk. 
Equally prohibited is the sale of a "milk punch" or an oyster 
stew. 

Accordingly, the question here presented is, whether or not 
the Legislature has the right to so amend the Agricultural Law 
as to prohibit any one from " selling, offering or advertising for 
sale " any preservative whatsoever, as the act makes no distinc- 
tion between preservatives which may be harmful and preserva- 
tives which, as in the present instance, are beneficial. 

It is not claimed in the complaint that the defendant induced 
or attempted to induce any person to violate the provisions of the 
Agricultural Law, the allegation being merely that it was sold 
with " intent and recommendation " that the purchaser should 
mix the Preservaline with dairy products and then sell it. 
Whatever may have been the intent or recommendation of the 
defendant, neither could be held to be an inducement nor an 
attempt to induce another person to violate the law. — Strong 
v. Stebbins, 5 Co wen, 210. 

The act under consideration violates the Constitution of the 
United States as well as the Constitution of the State of New 
York. 

The fifth amendment to the United States Constitution pro- 
vides as follows: 



Commissioner of Agriculture. 73 

" No person shall be held to answer for a capital or otherwise 
infamous crime * * * nor be deprived of life, liberty or 
property without due process of law. * * * " 

The fourteenth amendment to the United States Constitu- 
tion contains a similar prohibition against State legislation. 

Article I, section 6 of the New York State Constitution pro- 
vides among other things: 

" No person shall be subject to be twice put in jeopardy for the 
same offence * * * nor be deprived of life, liberty or prop- 
erty without due process of law. * * * " 

At the outset it should be noted that this act is entitled "An 
act to amend the Agricultural Law relative to violations 
thereof," and that the Agricultural Law is entitled "An act in 
relation to agriculture;" this act forms no part of the Public 
Health Law, and the purpose of the act as discernible from its 
title, is to affect agriculture. 

The act in question deprives persons of their " life, liberty 
and property without due process of law " within the meaning 
of the consitutional provision. 

In matter of application of Jacobs, 98 N. Y., 98, these pro- 
visions were considered by the Court of Appeals. In that case 
the act under consideration prohibited the manufacture of cigars 
and preparations of tobacco in certain tenement houses. Earl, 
J., delivering the unanimous opinion of the court, said (p. 104): 

"What does this act attempt to do? In form it makes it 
a crime of a cigarmaker in New York and Brooklyn, the only 
cities in the State having a population exceeding 500,000, to 
carry on a perfectly lawful trade in his own home. Whether 
he owns the tenement house or has hired a room therein for 
the purpose of prosecuting his trade, he cannot manufacture 
therein his own tobacco into cigars for his own use or for sale, 
and he will become a criminal for doing that which is perfectly 
lawful outside of the two cities named — everywhere else, so far 
as we are able to learn, in the whole world. * * * 

(P. 105.) It is, therefore, plain that this law interferes with 
the profitable and free use of his property by the owner or 



74 Ninth Annual Report of the 

lessee of a tenement house who is a cigarmaker, and trammels 
him in the application of his industry and the disposition of 
his labor, and thus, in a strictly legitimate sense, it arbitrarily 
deprives him of his property and of some portion of his personal 
liberty. 

The constitutional guaranty that no person shall be deprived 
of his property without due process of law may be violated 
without the physical taking of property for public or private 
use. Property may be destroyed, or its value may be annihi- 
lated; it is owned and kept for some useful purpose, and it has 
no value unless it can be used. Its capability for enjoyment 
and adaptability to some use are essential characteristics and 
atnibutes without which property cannot be conceived; and 
hence any law which destroys it or its value, or takes away any 
of its essential attributes, deprives the owner of his property. 

(P. 106.) So, too, one may be deprived of his liberty and his 
constitutional rights thereto violated without the actual im- 
prisonment or restraint of his person. Liberty, in its broad 
sense, as understood in this country, means the right, not only 
of freedom from actual servitude, imprisonment or restraint, 
but the right of one to use his faculties in all lawful ways, to 
live and work where he will, to earn his livelihood in any law- 
ful calling, and to pursue any lawful trade or avocation. All 
laws, therefore, which impair or trammel these rights, which 
limit one in his choice of a trade or profession, or confine him 
to work or live in a specified locality, or exclude him from his 
own house, or restrain his otherwise lawful movement (except 
as such laws may be passed in the exercise of the legislature 
of the police power, which will be noticed later), are infringe- 
ments upon his fundamental rights of liberty, which are under 
constitutional protection. In Butchers' Union Com pain/ v. 
Crescent City Co. (Ill IT. 8., 746), Field, J., says: " That 
among the inalienable rights as proclaimed in the Declaration 
of Independence ' is the right of men who pursue any lawful 
business or vocation in any manner not inconsistent with the 



Commissioner of Agriculture. 75 

equal rights of others which may increase their property or 
develop their faculties, so as to give them their highest enjoy- 
ment. The common business and callings of life, the ordinary 
trades and pursuits which are innocent in themselves, and have 
been followed in all communities from time immemorial, must, 
therefore, be free in this country to all alike upon the same 
terms. The right to pursue them without let or hindrance, ex- 
cept that which is applied to all persons of the same age, sex 
and condition, is a distinguishing privilege of citizens of the 
United States, and an essential element of that freedom which 
they claim as their birthright.' In the same case Bradley, J., 
says : ' I hold that the liberty of pursuit, the right to follow 
any of the ordinary callings of life, is one of the privileges of 
a citizen of the United States,' of which he cannot be deprived 
without invading his right to liberty within the meaning of the 
Constitution. In Live Stock, etc., Association v. Crescent City, 
etc., Company {1 Abb. U. S., 388, 398), the learned presiding jus- 
tice says: 'There is no more sacred right of citizenship than 
the right to pursue unmolested a lawful employment in a law- 
ful manner. It is nothing more or less than the sacred right 
of labor.' In Wynehamer v. People, Johnson, J., says: 'That a 
law which should make it a crime for men either to live in, or 
rent or sell their houses,' would violate the constitutional guar- 
anty of personal liberty. In Bcrtholf v. O'Reilly (74 N. Y., 509, 
515), Andrews, J., says: That one could 'be deprived of his lib- 
erty in a constitutional sense without putting his person in con- 
finement,' and that a man's right to liberty included ' the right 
to exercise his faculties and to follow a lawful avocation for the 
support of life.' " 

The court then proceeds to examine the question whether the 
law under consideration could be sustained as an exercise of 
the police power and as a health law, and states: 

(P. 107.) " But the claim is made that the Legislature could 
pass this act in the exercise of the police power which every 
sovereign State possesses. That power is very broad and com- 
prehensive, and is exercised to promote the health, comfort, 



70 Ninth Annual Report op the 

safetv and welfare of society. Its exercise in extreme case* 
is frequently justified by the maxim sains populi supremo, lex 
est. It is used to regulate the use of property b} T enforcing the 
maxim sie utere tuo, ut alienum non laedas. Under it the con- 
duct of an individual and the use of property may be regulated 
so as to interfere, to some extent, with the freedom of the one 
and the enjoyment of the other; and in cases of great emergency 
engendering overruling necessity, property may be taken or 
destroyed without compensation, and without what is com- 
monly called due process of law. The limit of the power can- 
not be accurately defined, and the courts have not been able or 
willing definitely to circumscribe it. But the power however 
broad and extensive, is not above the Constitution. When it 
speaks, its voice must be heeded. It furnishes the supreme law, 
the guide for the conduct of legislators, judges and private per- 
sons, and so far as it imposes restraints, the police power must 
be exercised in subordination thereto." 

After citing numerous authorities, the court continues: 
(P. 110.) " These citations are sufficient to show that the police 
power is not without limitations, and that in its exercise the 
legislature must respect the great fundamental rights guaran- 
teed by the Constitution. If this were otherwise, the power of 
the legislature would be practically without limitation. In the 
assumed exercise of the police power in the interest of the 
health, the welfare or the safety of the public, every right of 
the citizen might be invaded and every constitutional barrier 
swept away. 

"Generally it is for the legislature to determine what laws and 
regulations are needed to protect the public health and secure 
the public comfort and safety, and while its measures are cal- 
culated, intended, convenient and appropriate to accomplish 
these ends, the exercise of its discretion is not subject to re- 
view by the courts. But they must have some relation to these 
ends. Under the mere guise of police regulations, personal 
rights and private property cannot be arbitrarily invaded, and 
the determination of the legislature is not final or conclusive. 



Commissioner of Agriculture. 77 

If it passes an act ostensibly for the public health, and thereby 
destroys or takes away the property of a citizen, or interferes 
with his personal liberty, then it is for the courts to scrutinize 
the act and see whether it really relates and is convenient and 
appropriate to promote the public health. It matters not that 
the legislature may in the title to the act, or in its body, declare 
that it is intended for the improvement of the public health. 
Such a declaration does not conclude the courts, and they must 
yet determine the fact declared and enforce the supreme law." 

In conclusion the court lays down this clear statement and 
rule (p. 115): 

" When a health law is challenged in the courts as unconsti- 
tutional on the ground that it arbitrarily interferes with per- 
sonal liberty and private property without due process of law, 
the courts must be able to see that it has at least, in fact, some 
relation to the public health, that the public health is the end 
actually aimed at, and that it is appropriate and adapted to 
that end. This we have not been able to see in this law, and 
we must, therefore, pronounce it unconstitutional and void. In 
reaching this conclusion we have not been unmindful that the 
power which courts possess to condemn legislative acts which 
are in conflict with the supreme law should be exercised with 
great caution and even with reluctance. But as said by Chan- 
cellor Kent (1 Com. 450) : ' It is only by the free exercise of 
this power that courts of justice are enabled to repel assaults 
and to protect every part of the government and every member 
of the community from undue and destructive innovations upon 
their charter rights.' " 

It is thus apparent: 

First.- — That the right to prevent any one from pursuing a 
hitherto lawful calling, such as in this case, the manufacture 
and sale of preservatives, exists only where the Legislature de- 
clares that such right is exercised as a measure to preserve the 
public health. The act under consideration is not an amend- 
ment of the Health Law, but an amendment of the Agricultural 
Law. It does not purport to prohibit merely deleterious pre- 



78 Ninth Annual Report of the 

servatives, but to prohibit the use and sale of preservatives of 
every character and description. 

Second.— That even if the Legislature, under the guise of a 
health law, attempts to interfere with personal liberty and 
the exercise of a lawful calling, the act b} T which it attempts 
to do so cannot be sustained as constitutional unless it is ap- 
parent on the face thereof that it has relation to the public 
health, and that the provisions of the act are appropriate and 
adapted to that end. Even if it were claimed in the case at 
bar that the act under consideration was intended as a health 
measure, it is very clear that its provisions are not appropriate 
and adapted to that end, and that the act under question does 
not actually aim at benefiting the public health. The prohibi- 
tion of the sale of beneficial preservatives which have been in 
use for many vears in this State, cannot in anv wav benefit the- 
public health. On the contrary, such prohibition is apt to be a 
detriment to the public. 

Aside from the common knowledge that most, if not all, pre- 
servatives are harmless (the statute itself enumerates sugar and 
salt), the term " preservative," itself, signifies something having 
a preserving quality and beneficial effect; preservation is the 
antithesis of decay. 

The Centur}' Dictionary defines " preservative " as follows : 

"That which preserves; anything which tends to keep safe 
and sound, or free from injury, corruption or decay; a preventive 
of damage, decomposition or waste." 

The Standard Dictionary gives this definition: 

"That which keeps safe or tends to preserve; that which has 
power to keep safe or sound; a safeguard." 

Bouvier's Law Dictionary (1897 edition) defines " preserva- 
tion" as follows (vol. 2, p. 733): 

" Keeping safe from harm; avoiding injury. This term always 
presupposes a real or existing danger." 

In the best literature the term ''preservative" has always 
been given the same meaning. 

In the " House of the Seven Gables," IX, Hawthorne says: 



Commissioner of Agriculture. 79 

" This facile adaptation was at once the symptom of perfect 
health and its best preservative." 

Lord Bacon wrote: 

" It hath been anciently in use to wear tablets of arsenic as 
preservatives against the plague." 

The statute itself declares salt, spirituous liquors and sugar to 
be preservatives. 

It permits the use of salt in butter, but prohibits it in milk. 

It permits the use of sugar in milk, but prohibits it in butter. 

It permits the use of spirituous liquor in fancy cheese, but pro- 
hibits it in plain cheese, milk or butter. 

The statute further provides that butter may not be preserved 
except by salt, cheese except by liquor, condensed milk except 
by sugar. It prohibits the use of all preservatives which may 
bp more wholesome, inexpensive and readily available. 

A somewhat similar statute prohibiting the sale of articles 
of food was declared unconstitutional by the Court of Appeals 
in People v. Gillson, 100 N. Y., 380. 

The statute under consideration in that case prohibited the 
sale of any article of food or offer or attempt to sell the same 
upon any representation or inducement that anything else 
can be delivered as a prize, gift or premium to the purchaser. 
The unanimous opinion of the Court of Appeals by Peckham. J., 
contains the following language (fols. 308-400): 

"At the same time it must be remembered that the Constitu- 
tion is the supreme law of the land, and that when an act of 
the Legislature properly comes before the court to be compared 
by it with the fundamental law, it is the duty of the court to 
declare the invalidity of the act if it violate any provision of 
that law. 

The defendant here appeals for his protection to the clause, 
among others, in the Constitution which provides that no per- 
son shall be deprived of life, liberty or property without due 
process of law. The meaning of this provision in our State Con- 
stitution has frequently been the subject of judicial investiga- 
tion, and this court has had occasion, very recently, to discuss 



80 Ninth Annual Retort of the 

it in quite a number of cases, and a further elaboration is not 
needed. 

The following propositions are firmly established and recog- 
nized: a person living under our Constitution has the right to 
adopt and follow such lawful industrial pursuit, not injurious 
to the community, as he may see fit. The term ' liberty ' as 
used in the Constitution is not dwarfed into mere freedom from 
physical restraint of the person of the citizen as by incarcera- 
tion, but is deemed to embrace the right of man to be free in 
the enjoyment of the faculties with which he has been endowed 
by his Creator, subject only to such restraints as are necessary 
for the common welfare. Liberty, in its broad sense, as under- 
stood in this country, means the right not only of freedom 
from servitude, imprisonment or restraint, but the right of one 
to use his faculties in all lawful ways to live and work where 
he will, to earn his livelihood in any lawful calling and to pursue 
any lawful trade or avocation. These principles are contained 
and stated in the above language in various cases, among which 
are Live Stock Association v. Crescent City, etc., Co. (1 Abb. U. S., 
388, 398); Slaughter House Cases (16 Wall., 36, 106); Matter of 
Jacobs (98 N. Y., 98); Bertholf v. O'Reilly (74 id., 509); People v. 
Marx (99 id., 377). 

It is quite clear that some or all of these fundamental and 
valuable rights are invaded, weakened, limited or destroyed by 
the legislation under consideration. It is evidently of that kind 
which has been so frequent of late, a kind which is meant to 
protect some class in the community against the fair, free and 
full competition of some other class, the members of the former 
class thinking it impossible to hold their own against such 
competition, and, therefore, flying to the legislature to secure 
some enactment which shall operate favorably to them or un- 
favorably to their competitors in the commercial, agricultural, 
manufacturing or producing field. By the provisions of this 
act a man owning articles of food which he wished to sell or 
dispose of is limited in his powers of sale or disposition. A 
liberty to adopt or follow for a livelihood a lawful industrial 



Commissioner of Agriculture. 81 

pursuit, and in a manner not injurious to the community, is 
■certainly infringed upon, limited, perhaps weakened or 
destroyed by such legislation. It is certainly lawful to sell (as 
in this instance) coffee. It is an article of food, and is now 
almost one of the necessaries of life to a large number of people. 
A person engaged as a retailer of coffee might very well think 
that he could greatly enlarge the amount of his trade by doing 
precisely what was done by the defendant in this case, and that 
while his profits on the same amount of coffee sold would be 
smaller than if he gave no present, Yet by the growth of his 
trade his income at the end of the year would be more than by 
the old method. This statute, if valid, steps in to prevent his 
adopting such a course, to procure trade and from it to secure 
an income and livelihood for himself and family. He is thus 
restrained in the free enjoyment of his faculties, which he ought 
to have the right and liberty to use in the way of creating or 
adopting plans for the increase and growth of his trade, busi- 
ness or occupation, unless such restraint is necessary for the 
common welfare. This law interferes with the free sale of food, 
for the condition is imposed that no one shall sell food and at 
the same time, and as part of the transaction, give away any 
other thing. It is not material if by reason of the prohibition 
the owner's sales of food are greatly cut down and his ability 
to support his family thereby, perhaps, largely decreased. If 
the law is valid, the fact of its existence is a complete answer 
to the complaints of the owner of food that his liberty to sell 
his property and his chance to make a livelihood are very greatly 
impaired. 

It cannot be truthfully maintained that this legislation does 
not seriously infringe upon the liberty of the owner or dealer 
in food products to pursue a lawful calling in a proper manner, 
or that it does not, to some extent at least, deprive a person 
of his property by curtailing his power of sale, and unless this 
infringement and deprivation are reasonably necessary for the 
common welfare, or may be said to fairly tend in that direction 

6 



82 Ninth Annual Report of the 

or to that result, the legislation is invalid as plainly violative 
of the constitutional provision under discussion." 

The court then considers the question of the validity of the 
act as the exercise of the police power and of the health pro- 
vision, and states that the law upon this subject is settled con- 
clusively by /// re Jacobs, supra, and People v. Marx, 99 X. Y., 377 r 
hereafter to be discussed. 

The case most similar to the one at bar is that of People v. 
Marx, 99 N. Y., 377. 

The act under consideration in that case provided as follows: 

" § 6. No person shall manufacture out of any oleaginous sub- 
stances, or any compound of the same, other than that produced 
from unadulterated milk or of cream from the same, any article 
designed to take the place of butter or cheese, produced from 
pure unadulterated milk or cream of the same, or shall sell or 
offer to sell the same as an article of food. This provision shall 
not apply to pure skim milk cheese produced from pure skim 
milk." 

A violation of the above section subjected the violator, under 
the provisions of the act, to a penalty. It was held (p. 377) that 
the act was unconstitutional, " inasmuch as the prohibition is 
not limited to unwholesome or simulated substitutes, but abso- 
lutely prohibits the manufacture or sale of any compound de- 
signed to be used as a substitute for butter or cheese, however 
wholesome, valuable or cheap it may be, and however openly 
and fairly the character of the substitute may be avowed and 
published." 

The court, after stating (p. 383) that the act by its terms was 
" Broad enough in its terms to embrace not only oleomargarine, 
but any other compound, however wholesome, valuable or cheap, 
which has been or may be discovered or devised for the purpose 
of being used as a substitute for butter," continued in the course 
of its opinion (pp. 385-389): 

"It appears to us quite clear that the object and effect of 
the enactment under consideration were not to supplement the 
existing provisions against fraud and deception by means of 



Commissioner of Agriculture. 83- 

imitations of dairy batter, bat to take a further and bolder 
step, and by absolutely prohibiting the manufacture or sale of 
any article which could be used as a substitute for it, however 
openly and fairly the character of the substitute might be 
avowed and published, to drive the substituted article from the 
market, and protect those engaged in the manufacture of dairy 
products, against the competition of cheaper substances, capable 
of being applied to the same uses, as articles of food. 

The learned counsel for the respondent frankly meets 
this view, and claims in his points as he did orally upon the argu- 
ment, that even if it were certain that the sole object of the 
enactment was to protect the dairy industry in this State 
against the substitution of a cheaper article made from cheaper 
materials, this would not be beyond the power of the legisla- 
ture. This we think is the real question presented in the case. 
Conceding that the only limits upon the legislative power of the 
State are those imposed by the State Constitution and that of 
the United States, we are called upon to determine whether 
or not those limits are transgressed by an enactment of this 
description. These limitations upon legislative power are neces- 
sarily very general in their terms, but are at the same time 
very comprehensive. The Constitution of the State provides 
(article I, section 1), that no member of this State shall be dis- 
franchised, or deprived of any of the rights and privileges se- 
cured to any citizen thereof, unless by the law of the land, or 
the judgment of his peers. Section 6 of article 1 provides that 
no person shall be deprived of life, liberty or property 
without due process of law. And the fourteenth amendment to 
the Constitution of the United States provided that ' no State 
shall mate or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States, nor shall any 
State deprive any person of life, liberty or property without 
due process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws.' These constitutional safe- 
guards have been so thoroughly discussed in recent cases that it 
would be superfluous to do more than refer to the conclusions 



"84 Ninth Annual Report of the 

which have been reached bearing upon the question now under 
consideration. 

Among these, no proposition is now more firmly settled than 
that it is one of the fundamental rights and privileges of every 
American citizen to adopt and follow such lawful industrial 
pursuit, not injurious to the community as he may see fit 
(Live Stock Ass'n v. The Crescent City, etc., 1 Abb. U. S., 
398; Slaughter House Cases, 16 Wall., 106; CorfieM v. Coryell, 4 
Wash. C. C, 380; Matter of Jacobs, 98 N. Y. 98). The term 
' liberty,' as protected by the Constitution, is not cramped into 
a mere freedom from physical restraint of the person of the 
citizen, as by incarceration, but is deemed to embrace the 
right of man to be free in the enjoyment of the faculties with 
which he has been endowed by his Creator, subject only to such 
restraints as are necessary for the common welfare. In the 
language of Andrew, J., in Bertholf v. O'Reilly (74 N. Y., 515), the 
right to liberty embraces the right of man ' to exercise his facul- 
ties and to follow a lawful avocation for the support of life,' and 
as expressed by Earl, J., In re Jacobs, ' one may be deprived of 
his liberty, and his constitutional right thereto violated, without 
the actual restraint of his person. Liberty in its broad sense, 
as understood in this country, means the right not only of free- 
dom from servitude, imprisonment or restraint, but the right 
of one to use his faculties in all lawful ways, to live and work 
where he will, to earn his livelihood in any lawful calling, and 
to pursue any lawful trade or avocation.' 

Who will have the temerity to say that these constitutional 
principles are not violated by an enactment which absolutely 
prohibits an important branch of industry for the sole reason 
that it competes with another, and may reduce the price of an 
article of food for the human race. 

Measures of this kind are dangerous even to their promotors. 
If the argument of the respondent in support of the absolute 
power of the legislature to prohibit one branch of the industry 
for the purpose of protecting another with which it competes 
ran be sustained, why could not the oleomargarine manufac- 



Commissioner of Agriculture. 85 

turers, should they obtain sufficient power to influence or con- 
trol the legislative councils, prohibit the manufacture or sale 
of dairy products? Would arguments then be found wanting to 
demonstrate the invalidity under the Constitution of such an 
act? The principle is the same in both cases. The numbers en- 
gaged upon each side of the controversy cannot influence the 
question here. Equal rights to all are what are intended to 
be secured by the establishment of constitutional limits to legis- 
lative power, and impartial tribunals to enforce them. 

Illustrations might be indefinitely multiplied of the evils which 
would result from legislation which should exclude one class of 
citizens from industries, lawful in other respects, in order to 
protect another class against competition. We cannot doubt 
that such legislation is violative of the letter, as well as of the 
spirit of the constitutional provisions before referred to, nor 
that such is the character of the enactment under which the 
appellant was convicted." 

So in the case at bar, as the statute does not by its language 
purport to prohibit merely unwholesome preservatives, but pre- 
servatives of every character, however beneficial or wholesome, 
it is clearly violative of the provisions of the Constitution. The 
Legislature has no right to prohibit this defendant from exercis- 
ing the lawful calling of manufacturing or selling preservatives, 
a business in which thousands have been engaged for years past. 
It has no right to prohibit the manufacture or use of ice to pre- 
serve dairy products, nor the sale of vichy and milk, " Matzoon. ,? 
" Kumyss," " Sparklets " or even a milk punch. 

All of the above cases have recently been followed, and the 
policy of the law once more strongly asserted in the recent case 
of People ew rel. Tyroler v. Warden, 157 N. Y., 116, where the 
court held, through Chief Justice Parker, that the Legislature 
has no right to prohibit parties from engaging in the business of 
ticket scalping in which they had hitherto been lawfully engaged. 
The chief justice states (p. 132): 

" If the law were otherwise no trade, business or profession 
could escape destruction at the hands of the Legislature if a 



8(1 Ninth Annual Report op the 

situation should arise that would stimulate it to exercise its 
power, for in every field of endeavor can be found men that seek 
profit by fraudulent processes." 

If the Legislature may lawfully prohibit the manufacture and 
sale of wholesome preservatives it may equally prohibit the 
manufacture or sale of shoes, clothes or any articles of com- 
merce or food whatever. 

In Dorsey v. State of Texas, 38 Texas Criminal Reports, 527, 40 
L. R. A., 201, the court held: 

•• The mixing or mingling of articles of food which are whole- 
some and nutritious, and the sale thereof, cannot be made crimi- 
nal by the Legislature." 

In Helena v. Diryer (Ark.), 39 Lawyers' Reports, Annotated, 
266, the court held that 

" an ordinance making it unlawful to sell fresh pork or sausage 
made thereof between June 1st and October is unreasonable and 
void, since it violates the inalienable right of man to procure 
food." 

In deciding the case the court used this language, p. 268: 

" Fresh pork is an article of food for general consumption, 
and when sound, and free from disease, is useful and nutritious. 
Like all other food, it may become unwholesome when eaten to 
excess. The quantity eaten, under ordinary circumstances, 
produces the sickness when it proves unwholesome. Any food 
is calculated to produce that effect when eaten in the same man- 
ner. The mere sale of it is not detrimental to the public health. 
The fact that individuals may be made sick by it when impru- 
dently eaten does not justify a city council in prohibiting the 
sale of it. For the same reason it could prohibit the sale of any 
or all other food. The most delicious food — that which is most 
liable to be eaten to excess — would be subject to interdiction. 
If it be conceded that the city council may prohibit the sale of 
any article of food, the wrongful use of which will or may injure 
the health of the consumer, then they can prescribe what the 
citizen of the city shall eat by prohibiting the sale of all other 
food. The Legislature or any of its creatures has no such power. 



Commissioner of Agriculture. 87 

The exercise of such power, as we have seen, would be a viola- 
tion of the inalienable right of man to procure healthy and 
nutritious food, by which life may be preserved and enjoyed. 
It would be an interference with the liberty of the citizen, which 
is not necessary to the protection of others or the public health — 
would be an invasion of his personal rights." 

In People ex rel. Moxley v. Pease, 30 Chicago Legal News, 277, 
the Superior Court held: 

'• The Legislature may make laws for the protection of the 
public health, good order, good morals and the safety of society, 
and may pass any reasonable regulations for the manufacture 
and sale of both butter and butterine, but it was not the right 
or power to pass unreasonable or unjust regulations or pro- 
hibitory laws as to either. It cannot prohibit the manufacture 
or sale of wholesome or nutritious articles of food either directly 
or under the guise of regulatory acts. Wherever it appears in 
the act itself or aliunde that the object, purpose, or intent of the 
act is to prohibit the manufacture or sale of wholesome articles 
of food and not to regulate their manufacture or sale in the in- 
terest of the public, we hold the act in question to be invalid." 

In People of the State of New York v. Buffalo Fish Company, 30 
Misc.. 13d. an action was brought to recover penalties under pro- 
visions of the Fisheries, Game and Forest Laws. Upon de- 
murrer the constitutionality of that act was raised. The act 
under question made it a misdemeanor for any person to possess, 
and imposed a penalty for possessing, during certain seasons of 
the vear, any of certain fresh water fish. It was held at Special 
Term to be unconstitutional as it was not limited to fish in a 
decayed or injurious physical condition. The court said, among 
other things, page 138: 

" It is conceded, of course, that if these fish were diseased, or 
had remained exposed to the elements until they were unfit for 
food, and constituted a menace to the public health, the State 
would have the right to interpose its police powers, and prevent 
the sale." 

The Appellate Division in affirming this case adopted the 



SS Ninth Annual Report of the 

opinion of Judge Lambert at Special Term as its own (45 App. 
Div., 631), and this case has since been affirmed by the Court of 
Appeals, 164 N. Y., 93. 

The athorities relied upon by plaintiff are not in point. 

In the court below plaintiff relied upon the cases of People v. 
Cipperhj, 101 N. Y., 634, 37 Hun, 324, and People v. Glrard, 145 
N. Y., 105. 

These cases are very clearly distinguishable, as is pointed out 
in the opinion of the learned justice at Special Term (fols. 30 to 
35) and in the opinion of the learned Appellate Division (fols. 
57 et seq). 

The statute in question is not necessary to prevent adultera- 
tion or the introduction of unwholesome or harmful matter into 
dairy products, as these are already prohibited by a different 
statute. 

Section 22 of the Agricultural Law (last amended by chapter 
101 of the Laws of 1900), provides as follows: 

" Prohibition of the sale of adulterated milk. — No person shall 
sell or exchange, or offer or expose for sale or exchange, any 
unclean, impure, unhealthy, adulterated, or unwholesome milk 
or any cream from the same, or any unclean, impure, unhealthy, 
adulterated, colored, or unwholesome cream, or sell or exchange 
or offer or expose for sale or exchange any article of food made 
from such milk or cream or manufacture, from any such milk 
or cream any article of food." 

This statute is certainly sufficient to protect the health of the 
public, and the Attorney-General has instituted a large number 
of proceedings for alleged violation of this statute by the intro- 
duction into dairy products of preservatives which were claimed 
by him to be harmful. If the preservative used by the defend- 
ant in the case at bar were harmful, he could be proceeded 
against for violation of the provisions of section 22 of the Agri- 
cultural Law, under which an issue of fact would be raised 
whether the preservative used by defendant as a matter of fact 
is harmful or not. 

See People v. Hills, App. Div. 4th Dept, decision rendered 
October, 1901. 



Commissioner of Agriculture. 89 

In view of the existence of a provision of law prohibiting 
adulteration and the introduction of unwholesome or adulter- 
ated substances into food and dairy products, it cannot be 
claimed that the statute under consideration in the case at bar 
was intended or necessary to prevent adulteration. 

Accordingly, it is respectfully submitted that the complaint 
does not state facts sufficient to constitute a cause of action, be- 
cause section 27 of the Agricultural Law, in so far as it prohibits 
the use of preservatives, is unconstitutional. 

In Answer to Appellants Brief. 

There are but few portions of the appellant's brief which call 
for any answer or remark from respondent. These few will now 
be considered. 

(a.) On pages 11 and 12 the plaintiff's counsel going entirely 
outside of anything on the record, makes the astounding asser- 
tion that all preservatives are harmful, and that the particular 
preservative sold by the defendant contains formaldehyde, 
"which is the chief element in the embalming liquid used by 
undertakers." The resort to this entirely unworthy clap-trap 
and specious artifice will not assist plaintiff. 

As matter of fact, plaintiff's counsel knows very well that 
these statements are absolutely false and without foundation. 
He knows that Dr. Geisler, the chief expert chemist of the 
Department of Agriculture, who has had more to do with 
the examination of dairy products than any one connected 
with the Department of Agriculture, has testified in open court 
that formaldehyde, if inserted in dairy products, would not in 
the least be harmful. Dr. Geisler's testimony to this effect was 
given in the case of Graeff against Wormser, tried in the 
Supreme court, Kings county, before Justice Dickey. 

The counsel further knows that " Preservaline " has been ex- 
amined and tested by a large number of scientists and by the 
boards of health of various cities in the Union and of foreign 
countries, and that all who have examined it have been uniform 
in its praise; among others, may be mentioned Dr. Randall, 



90 Ninth Annual Report of the 

health officer, Augusta, Maine, whose report is most laudatory: 
so is the report made iu Kansas City, October, 1899, by Dis. 
Froehling, Kuhn and Moechel, based upon minute physiological 
tests with a large number of patients who had taken milk con- 
taining " Preservaline." The most eminent scientists of Eng- 
land and Germany have also reported that the use of formalde- 
hyde or of " Preservaline " in dairy products far from being 
harmful, was, on the contrary, extremely beneficial. Indeed, 
" Preservaline," for the sale of which the defendant is being 
prosecuted, has been in general use since 1877, when it was first 
introduced, and during that time it has uniformly increased the 
health and comfort of the community which used it. 

At any rate the court cannot take any judicial notice of state- 
ments such as made on pages 11 and 12 of the appellate's brief, 
which are not contained in the complaint, and for which no 
other sanction is offered than the bald assertion of counsel for 
appellant, who, while not a chemist or physician, was a mem- 
ber of the Legislature that enacted the law which the Special 
Term and unanimous Appellate Division have declared to be un- 
constitutional. 

\b.) The appellant states that (Brief, p. 13) we would have the 
statute read: " Xo person shall sell any dairy product contain- 
ing a harmful preservative." Why should he object to such a 
statute? A similar one is in force in this State, and has been 
for a large number of years, to wit: Section 22 of the Agricul- 
tural Law. This section prohibits the sale of any unclean, im- 
pure, unhealthy, adulterated or unwholesome milk or cream. 
If the product sold by the defendant be unwholesome, or if milk 
containing it be injurious, he can be prosecuted under this sec- 
tion of the law. It may be well to add for the information of 
the court that a number of actions have been brought by the 
State under this section to recover penalties for the use of " pre- 
servaline," but in no instance has any jury found that " preserva- 
line " was unwholesome or harmful. 

ic.) With regard to the case of People v. Cipperty, 37 Hun, 321 
(101 N. Y., 631), we have discussed it in another portion of our 



Commissioner of Agriculture. 91 

brief, and it is fully discussed in the opinions of the Special 
Term and the Appellate Division. The reference to that portion 
of section 13 of the old law cited, on the middle of page 16 of the 
appellant's brief as having been passed upon by the court in the 
Cipperly case, is entirely misleading. The court never passed on 
that portion of the law at all, but only upon the portion cited 
on page 15 of the appellant's brief. 

(d.) The fact that section 36 of the Agricultural Law, which 
was enacted long prior to the act under consideration herein, 
states that every section of the Agricultural Law was enacted 
to prevent deception and for preserving the public health, upon 
which apparently some stress is laid at pages 7 and 18 of the 
appellant's brief, is not conclusive upon the question whether as 
a matter of fact section 27 is a health law and enacted to pre- 
vent fraud. On the contrary, the court must determine that from 
the statute itself, and no mere say-so of the Legislature in 
another portion of the law enacted prior to section 27 can relieve 
the court from this duty. 

(e.) The argument that this statute was enacted to prevent 
fraud is entirely without force. The appellant concedes that 
the statute cannot constitutionally prohibit the sale of matzoon, 
sparklets, kumyss and other substances (Appellant's Brief, pages. 
18-19), but seems to contend that the act does prohibit merely 
the sale of milk containing a preservative " as milk," and ap- 
parently he seeks to convince the court that the defendant sold 
this preservative with the intention that the purchaser should 
mix it with milk and sell the mixture " as milk." Such an argu- 
ment is its own refutation. The defendant does not care under 
what name the purchaser from him sells " preservaline " or milk 
containing " preservaline." He does not care whether it is sold 
under the name of kumvss or anv other name. All he cares 
about is to sell " preservaline." 

Under the appellant's own reasoning the judgment must be 
affirmed because the complaint fails to allege that the defendant 
intended the purchaser to mix the preservative with milk and to 
sell it " as milk." Non constat, but that he intended the pur- 



1)2 Ninth Annual Report of the 

chaser to sell it as kumyss, and under the plaintiff's own admis- 
sion (pages 18-19), such a sale could not be constitutionally pro- 
hibited. 

SECOND POINT. 

The Complaint Does Not State Facts Sufficient to Consti- 
tute a Cause of Action, Because Section 37 of the Agri- 
cultural Law, Which Prescribes the Penalty for Viola- 
tion, if Capable of Construction at all, Must be Con- 
strued to Authorize a Criminal But Not a Civil Action. 

The Agricultural Law is divided into six articles, the first 
of which is entitled " General Provisions," and contains sections 
1 to 12; the second in entitled "Dairy Products," and contains 
sections 20 to 37; the third is entitled "Adulterated Vinegar" 
and contains sections 50 to 53, and the other articles are respec- 
tively entitled " Diseases of Domestic Animals," " Miscellaneous 
Provisions " and " Laws Repealed." 

Section 37 of article II as originally enacted (L. 1893, ch. 338) 
provided as follows: 

" Every person violating any of the provisions of this article 
shall forfeit to The People of the State of New York the sum 
of f 100 for every such violation." 

There was no provision making a violation of these provisions 
punishable as a misdemeanor. 

It will be noticed that at this time the penalty was made uni- 
form for each violation. 

At the end of article III there was a similar provision (section 
53), fixing penalties for violations of provisions of that article 
and there was a similar one in article IV (section 66). 

Section 37 of the Agricultural Law remained unchanged until 
1897, when it was amended by chapter 554 of the laws of that 
year. This act entirely changed the law. 

It amended section 37 to read as follows: 

" Every person violating any of the provisions of this article 
shall forfeit to the People of the State of New York the sum of 
not exceeding one hundred dollars for every such violation." 



Commissioner of Agriculture. 93 

The section then went on to state that when the violation 
consisted of the manufacture or production, every day should 
be deemed a separate violation of the provisions of the article, 
and there was a similar provision where the violation consisted 
of the sale, or offering or exposing for sale. At the end of the 
same section this provision was added: 

"Whoever by himself or another violates any of the pro- 
visions of article two of said chapter shall be guilty of a mis- 
demeanor, and upon conviction shall be punished by a fine of 
not less than twenty-five dollars, nor more than two hundred 
dollars, or by imprisonment of not less than one month nor more 
than six months or by both such fine and imprisonment, for the 
first offense; and by six months' imprisonment for the second 
offense." 

Both of the above quoted clauses merely govern violations of 
article II and for the first time in any portion of the Agricul- 
tural Law was there a provision inserted making violation of 
that law a criminal offense. 

What was the intention of the Legislature? Was it to make 
a single violation punishable by both a civil and a criminal 
action? Was it the intention of the Legislature to enable the 
State after recovery in a civil action of the full penalty to ob- 
tain a second recovery for the maximum penalty prescribed? 
Obviously not. Such a construction would have been incon- 
sistent with the first clause, which said that a person violating 
the same should forfeit a sum not exceeding one hundred dol- 
lars. Besides there is no language in the act providing that 
there shall be two causes of action, and that the provisions 
shall be deemed separate and cumulative. 

On the contrary the intention of the Legislature seems clear. 
It was intended to make a violation of the provisions of article 
II a criminal offence. It was intended to transfer jurisdiction 
from the civil to the criminal courts, and the penalty prescribed 
in the first clause of the section is the penalty which may be 
recovered in the criminal proceedings. In other words, the 
statute means that where the defendant violates any provision 
of article II he shall forfeit to the people a sum of money which 



fM Ninth Annual Report of the 

may be imposed upon him as a fine in a criminal proceeding, 
and that be may be additionally punished by imprisonment. 
(We shall hereafter discuss the effect of the difference in amount 
specified in the first and last clauses of section 37). The conten- 
tion now urged by the learned counsel for the people that it was 
intended to give the State two causes of action for the same 
offense, finds support neither in the language of the statute nor 
in reason. 

Counsel for the defendant, after diligent search, has failed to 
find any statute anywhere granting two causes of action of 
this kind without the use of some words to designate clearly 
that one shall be additional to the other. As hereinafter pointed 
out, moreover, a double recovery, such as that to which it is 
claimed the people are entitled, would be violative of the con- 
stitutional inhibition against putting a defendant twice in 
jeopardy. Before considering this provision, however, let us 
examine the subsequent changes of the law which emphasize the 
correctness of our construction of section 37. 

Chapter 558 of the Laws of 1898, again amended section 37, 
and changed it to read as follows: 

•• Every person violating any of the provisions of articles two 
and three shall forfeit to the People of the State of New York 
a sum not less than twenty-five dollars nor more than one hun- 
dred dollars for everv such violation. * * * Whoever bv 
himself or another violates any of the provisions of articles two 
and three of said chapter shall be guilty of a misdemeanor and 
upon conviction shall be punishable by a fine of not less than 
twenty-five dollars nor more than two hundred dollars, or by 
imprisonment." 

It is to be noted that although by the Laws of 1898 this sec- 
tion was apparently made to cover violations of article III, the 
Legislature permitted section 53 of the Agricultural Law, which 
placed a fixed penalty of one hundred dollars for every violation 
of article III, to remain unchanged. 

Thus, according to section 37 a violation of article III was 
punishable by a fine of no1 less than twenty-five dollars and not 
more than one hundred dollars, whereas bv section 53 a fixed 



Commissioner of Agriculture. 05 

penalty of one hundred dollars would have to be inflicted, and 
there was no authorization for a penalty of less amount. 

Again it is to be noted that by the amendment of 1898 viola- 
tions of article III were made criminal. It is important to note 
that by this amendment of section 37, and by every amendment 
subsequent thereto, the first clause providing merely for a for- 
feiture to the State, and the last clause providing that such vio- 
lation should be held a misdemeanor, are kept co-relative and 
changed simultaneously. 

Thus by the Laws of 1898, chapter 358, where first clause 
stated that a violation of articles II and III should involve a for- 
feiture, the last clause of section 37 provided that violation of 
articles II and III should make the defendant liable to convic- 
tion for a misdemeanor. 

Chapter 435 of the Laws of 1899 added sections 91 and 92 of 
the Agricultural Law to the inhibition of section 37. As 
amended by chapter 435 of Laws of 1899, the first sentence of 
section 37 provided that a violation of sections 91 and 92 should 
cause forfeiture to the People of the State of New York of the 
sum of money specified, and the last sentence of section 37 that 
the violation of sections 91 and 92 should be a misdemeanor and 
punishable by the fine specified and by imprisonment. 

Violations of sections 91 and 92 were theretofore not punish- 
able at all. 

The same act also provided for a forfeiture in case of violation 
of chapter 491 of the Laws of 1898 (as to sale and transporta- 
tion of calves), but did not make said offense criminal. 

Chapter 76 of the Laws of 1900, and chapter 559 of the Laws 
of 1000, which amended section 37 of the Agricultural Law, 
made no substantial change. Indeed, the law as it existed at 
the time of the violation for which the present action is brought, 
was substantially the same as after the amendment of 1897, but 
the subsequent acts show that it was the intention of the Legis- 
lature to make these violations punishable criminally instead of 
-civilly. 



96 Ninth Annual Report of the 

The reason why the fine provided for in the last sentence of 
section 37 declaring a violation a misdemeanor was larger than 
the fine provided for in the first sentence, is that the first clause 
is expressly limited to the fine for each violation; thereafter 
there is a clause stating that the same act may constitute two or 
more violations, as, for instance, the manufacture or the sale 
or exposure for sale for several consecutive days. All of these 
can be covered in one criminal action, for each of which viola- 
tions, however, no greater financial penalty can be imposed than 
the amount prescribed by the first sentence of section 37. 

That it was the intention of the Legislature to make the vio- 
lations punishable criminally, and not civilly, is further demon- 
strated by the fact that there is no provision as to who should 
fix the amount of the penalty. 

That is no unintentional omission for the universal rule in 
criminal actions as laid down by section 12 of the Penal Code is 
that the penalty in such actions is to be fixed by the court. As 
to civil actions there is no such provision. If the court should 
construe the section as authorizing civil actions, section 37 
would be entirely ineffective, because there is no machinery of 
law provided to fix this penalty. There is nothing authorizing 
either the court or the jury to do so. In this respect the act 
would be entirely defective and void, because incomplete and 
unenforcible. 

Finally, it is to be noted that by the amendment of 1901, chap- 
ter 656, the Legislature has provided the same penalty in the 
first clause as in the last, and has again made a similar chauge 
in the first as in the last amendment, showing clearly that it 
was the intention to make these two portions of the same section 
co-relative, and to have the first clause prescribe the penalty 
which might be recovered by the criminal action provided for 
by the last. 

Xo claim can be made by the learned counsel for the people 
that section 37 authorizes the people to maintain but one action 
and to elect whether such action shall be a criminal or a penal 
one. There is nothing in the act which states that one action 



Commissioner op Agriculture. 97 

should be a bar to the other, or that the people may elect be- 
tween them. 

The act either grants but one cause of action or it grants two. 
If it grants one, that one, is the criminal proceeding. 

If section 37 be construed as granting two causes of action, 
one a civil and the other a criminal one, it would grant causes 
of actioD in violation of the constitutional inhibition against 
putting the defendant twice in jeopardy. 

The fifth amendment of the Federal Constitution is as follows: 

"Trials for crimes; twice in jeopardy; private property for 
public use. — No person shall be held to answer for a capital or 
otherwise infamous crime unless on a presentation or indictment 
of a grand jury, * * * nor shall any person be subject for 
the same offence to be twice put in jeopardy of life or 
limb * * * ." 

Article I, section 6 of the New York State Constitution pro- 
vides as follows: 

" Bill of Eights. — * * * No person shall be subject to be 
twice put in jeopardy for the same offense." 

It is to be noted at the outset that the provision of the State 
Constitution is much broader than that of the Federal Constitu- 
tion. The Federal Constitution limits it to jeopardy of life and 
limb. The State Constitution contains no such limitation. 
However, it was from the earliest times held that in construing 
the provision of the Federal Constitution, the court should be 
guided by the spirit rather than by the letter of the law, and 
apply the constitutional provision not only to the felonies but 
to all indictable offences, including misdemeanors. — Ex parte 
Lange, 18 Wallace, U. S., 163; Bcrkoicitz v. United States, 93 Fed. 
Rep., 452. 

It has further been held by the Federal courts that an action 
to recover a statutory penalty, though civil in form, is in reality 
a criminal case. — Lees v. United Statm, 150 U. S., 476; Boyd v. 
United States, 116 U. S., 616. 

And the courts, following the decisions holding that misde- 
meanors are within the constitutional provision, have held that 
7 



98 Ninth Annual Report op the 

actions to recover statutory penalties are also within the 
guarantee against double jeopardy. — Coffey v. United States, 116 
U. S., 436; United States v. McKee, 4 Dillon, U. S., 128; United 
States v. Slmpleigh, 12 U. S. App., 26. 

Until the passage of the fourteenth amendment to the Federal 
Constitution it was well settled that the provision prohibiting 
double jeopardy does not bind the States but applies only to 
offenses against and trials under the laws of the United States 
(Barron v. Baltimore, Peters U. S., 243; Fox v. Ohio. 5 How. U. 
S., 410), although the early authorities expressed a contrary 
opinion. — See People v. Goodwin, 18 Johnson, N. Y., 187. 

The same has been held with regard to each of the first ten 
amendments of the Federal Constitution, which are commonly 
known as the Federal Bill of Rights. 

While the legal effect of the amendment in the sphere of the 
State Government was thus denied, the Federal Bill of Rights 
were held in a number of authorities to have at least a moral 
force even there. — James v. The Commonwealth, 12 S. & R. (Pa.), 
235; Campbell v. The State, 11 Ga., 353. 

However, by the fourteenth amendment to the Federal Consti- 
tution the first ten amendments have been made to operate 
upon the States. 

This question was first raised in Spies v. Illinois, 123 U. S. 131, 
and In re Kemmler, 136 U. S. 436; but in those cases it was not 
decided. 

In O'Xeill v. Vermont, 144 U. S. 323, the majority of the court 
held that the question was not properly raised, to authorize the 
court to pass apon it. The minority, however, held that the 
question was properly raised, and that the fourteenth amend- 
ment did render the prior amendments applicable to the States. 
See opinion of Mr. Justice Field, at p. 363, and Mr. Justice 
Harlan, at p. 370, to which it is unnecessary to add anything. 

New York Authorities in Accord With the Federal Cases. 

The authorities in New York State, which mav be claimed to 
hold that separate and independent statutes may constitu- 



Commissioner of Agriculture. 99 

tionally authorize the infliction of a penalty to be recovered in 
a civil action and of punishment to be inflicted in a criminal 
court, are readily distinguishable. 

People v. Stevens, 13 Wend., 341, was decided in 1835. In that 
case (p. 342) the Legislature specifically declared that the viola- 
tion should not only be punishable by the infliction of a penalty, 
but should also be deemed a misdemeanor and punishable by 
fine and imprisonment. In that case the penalty to be recovered in 
a civil action and the criminal prosecution were not authorized 
by one and the same statute or section of the law. Finally the 
statutes there under consideration were enacted prior to the 
Constitution of 1821, which first contained the prohibition 
against double jeopardy. 

In Rollins v. Breed, 54 Hun, 485, the statute specifically said 
that there might be both causes of action — one in favor of any 
individual who might sue, and the criminal action in favor of 
the people. The court on this ground alone distinguished the 
case from the Federal authorities cited heretofore in our brief, 
which decisions they apparently approved of and reconciled with 
the case then before the court on the ground that the govern- 
ment cannot maintain two causes of action. The opinion says 
of the McKee case, 4 Dillon, 128: 

" The McKee case differs somewhat from the present one. 
There were two separate statutes, each furnishing a complete 
remedy for the charge. The government chose to enforce one, 
and it might be well said that a conviction and punishment 
under that ended the right of the government." 

It may be noted that the same distinction was applied in the 
Federal Courts in the case of Stone v. United States, 167 U. S., 
178. 

In People v. Meehim, 133 N. Y., 214, the matter was referred 
to merely by way of dictum. The prior action in that case more- 
over was not a mere civil action to recover a penalty, but a 
mandamus to remove a public officer, and was held to be not in 
the nature of a criminal action. 

Even if these authorities were irreconcilable with those of 



100 Ninth Annual Retort of the 

the Federal Courts, which, as we have shown, they are not, this 
court is bound, since the adoption of the Fourteenth Amend- 
ment to the Federal Constitution, to follow the decisions of the 
Federal Courts, but in view of the fact that all of the New York 
authorities seemingly against our contention are readily dis- 
tinguishable, it is submitted that the court should certainly 
follow the spirit of the law and of the constitutional provision 
which would prohibit two such actions from being maintained. 
In an} r event the statute should be construed in the spirit of the 
Federal Constitution. 

It is, therefore, respectfully submitted that section 37 of the 
Agricultural Law should be construed to authorize a criminal 
but not a civil action, and that accordingly the complaint failed 
to state facts sufficient to constitute a cause of action. 



From the foregoing discussion it follows that the judgment 

below should be affirmed, with costs to the respondent. 

New York, October 29, 1901. 

HOADLY, LAUTERBACH & JOHNSON, 

Attorneys for Respondent. 
Of Counsel, 

Edward Lauterbach, 

Henry L. Scheuermann 

Herbert R. Limburgbr. 

The Court of Appeals rendered judgment for defendant, the 
opinion of that court being rendered by Mr. Justice Cullen, as 
follows: 

Cullen, J. This action is brought to recover a penalty for the 
violation of section 27 of the Agricultural Law, as amended by 
chapter 534 of the Laws of 1900. The provisions of that section 
which it is alleged the defendant violated, are as follows: " No 
person shall sell, offer or expose for sale any butter or other 
dairy products containing a preservative but this shall not be 
construed to prohibit the use of salt in butter or cheese or spir- 
ituous liquors in club or other fancy cheese or sugar in con- 



Commissioner of Agriculture. 101 

densed milk. No person or persons, firm, association or cor- 
poration shall induce or attempt to induce any person or per- 
sons to violate any of the provisions of the Agricultural Law. 
Any person, firm, association or corporation selling, offering or 
advertising for sale any substance, preparation or matter for 
use in violation of the provisions of the Agricultural Law shall 
be guilty of a violation of this act." The complaint merely fol- 
lows the statutes, and alleges that the defendant advertised for 
sale a preservative called " preservaline " for use with butter, 
" which was neither salt to be used in butter and cheese, sugar 
to be used in milk nor liquor to be used in club or fancy cheese," 
with intent that the said preservative should be used in butter 
to be offered and exposed for sale. The defendant demurred to 
the complaint, claiming that the statutory enactment quoted 
was unconstitutional and void, and in this contention he has 
been upheld by the Special Term and the Appellate Division. 

We think the disposition of this case by the courts below was 
correct. It is not possible to define accurately the limits of the 
police power, the exercise of which is vested in the Legislature, 
nor have the courts, as a rule, essayed that task further than 
to state in very general terms the nature and object of such 
power. Still the power has its limitations and those limitations 
have been to a large extent determined by the process of exclu- 
sion and inclusion, as the courts have upheld particular cases 
of legislation as valid exercises of the power and in other cases 
have declared the legislation void. In People v. Moyrx (99 N. Y. 
377) a statute absolutely prohibiting the manufacture and sale 
of oleomargarine or any compound as a substitute for butter 
and cheese was held void. The statute having been subse- 
quently amended so as to prohibit the manufacture or sale of 
any article so compounded as to imitate butter was upheld in 
People v. Arensberg (105 N. Y. 123) as valid legislation to prevent 
fraud on purchasers and consumers. In People v. Killer (106 
N. Y. 321) a statute defining what should be deemed unwhole- 
some or adulterated milk and prohibiting its sale was held con- 
stitutional. In People v. Girard (145 N. Y. 105) a statute for- 



102 Ninth Annual Report of the 

bidding the manufacture or sale of vinegar containing any arti- 
ficial coloring matter was also held valid. 

From these cases the following propositions may be deduced: 
1. That the Legislature cannot forbid or wholly prevent the sale 
of a wholesome article of food. 2. That legislation intended and 
reasonably adapted to prevent an article being manufactured in 
imitation or semblance of a well-known article in common use 
and thus imposing upon consumers or purchasers is valid. 
3. That in the interest of public health the Legislature may de- 
clare articles of food not complying with a specified standard 
unwholesome and forbid their sale. Though these principles, like 
most legal principles, are true only within limits, there would 
not seem much chance of conflict in their practical application 
except between the first and last. In the first of the milk cases 
(People v. Cipperly, 101 N. Y. 634, decided upon opinion of 
Learned, P. J., in 37 Hun, 319) it was held that the statutory 
declaration of what was wholesome milk was conclusive, and 
the defendant was not allowed to show in defense that the 
milk sold by him was in fact unadulterated and not unwhole- 
some. The first oleomargarine case can be differentiated from 
this on the ground that the statute forbade its sale as a sub- 
stitute to take the place of butter and not as an unwholesome 
article of food. Still that distinction is narrow and I imagine 
that the sale and consumption of a well-known article of food 
or a product conclusively shown to be wholesome could not be 
forbidden by the Legislature even though it assumed to enact 
the law in the interest of public health. The limits of the 
police power must necessarily depend in many instances on the 
common knowledge of the times. An enactment of a standard 
of purity of an article of food, failing to comply with which the 
sale of the article is illegal, to be valid must be within reason- 
able limits and not of such a character as to practically pro- 
hibit the manufacture or sale of that which as a matter of 
common knowledge is good and wholesome. 

The statute before us cannot be justified as an exercise of 
power to prevent fraud or imposition on buyers and the con- 



Commissioner of Agriculture. 103 

sumers. Doubtless the Legislature could provide that where 
butter contains any preservative except salt or sugar the pack- 
age should be clearly marked with a label stating such fact, and 
it might require any notice adapted to informing the public of 
the nature and treatment of the article offered for sale. This 
it has not done, but it has absolutely forbidden the sale. Nor 
is the legislation similar to that before the court in the vinegar 
case. In that case there was no prohibition of vinegar produced 
from other materials than cider. The forbidden thing was the 
use of artificial coloring matter, which was not a necessary 
ingredient of the article produced, but served the sole purpose 
of preventing the consumer distinguishing between the differ- 
ent kinds of vinegar. In the present case the object of the 
forbidden article used is not to practice any deception, but to 
prevent decay in a product which, without the presence of some 
foreign substance, naturally becomes unfit for use in a very 
short period. The effect therefore of the statute is to pro- 
hibit the preservation of dairy products except by salt in butter 
and cheese and sugar in condensed milk, and their sale, no mat- 
ter how harmless the ingredients used for that purpose may 
be, and no matter how efficiently they attain their purpose. 

It is sought, however, to uphold this statute under the prin- 
ciple of the milk cases on the theory that it is a legislative 
determination that preservatives other than salt and sugar are 
unwholesome adulterations of dairy products. As pointed out 
by the learned courts below, there is no legislative declaration 
to that effect. Passing, however, that consideration, there is a 
more serious difficulty in the way of such a course. If the stat- 
ute had provided that the admixture of any substance with 
dairy products other than salt or sugar should be deemed an 
adulteration, and declared such dairy products when so adul- 
terated unwholesome, the case would resemble the milk case, 
and the question would be presented whether such far-reaching 
restrictions could be upheld as reasonable regulations in favor 
of public health. As to that question we express no opinion. 
But this provision of the statute is not aimed at adulterations. 



1(14 Ninth Annual Report op the 

I cannot find in the Agricultural Law any general prohibition 
against adulterations in butter and cheese, although there is 
an express provision to that effect in the case of milk. Section 
26 seems to forbid the use of acids or other deleterious sub- 
stance only in the case of imitation butter. Though if I err in 
this and the application of the section be general, the provision 
under review is unnecessary so far as public health is involved. 
Section 407 of the Penal Code forbids the sale of adulterated 
food only (except in certain specified cases) when made without 
disclosing or informing the purchaser of the adulteration. It 
will be seen, therefore, that the sale of adulterated butter or 
cheese is not necessarily an offense, except so far as made such 
by the statutory enactment under review. That enactment does 
not make the introduction of a foreign substance an adultera- 
tion, nor an adulteration illegal, except in the case of a preserv- 
ative. How, then, can it be said that the statute is intended 
to prevent adulteration or the introduction of foreign substance 
into butter or cheese when the sole test of criminality under it 
is that the substance is introduced for the object or with the 
effect of preserving butter or cheese? If the foreign substance 
has not this effect, no matter how deleterious it may be, the use 
of it does not violate this provision. It is plain, therefore, that 
this statute is solely aimed at the preservation of dairy prod- 
ucts by the use of other substances than salt, sugar and spirit- 
uous liquor. Why the use of salt is forbidden in milk, sugar 
in butter and cheese, and particularly why that of liquor is per- 
mitted in club or fancy cheese and forbidden in other cheese it 
is difficult to understand on the theory that its object was the 
protection of the public health. The preservation of food and 
the arrest of its tendency to decay is certainly a proper and law- 
ful object in itself. It is a work in which man has been engaged 
to some extent from earliest history. It is the subject of large 
industries in this country, and the products of those industries 
are generally used by the community and are lawful objects of 
manufacture and sale. The industry has grown to an enor- 
mous extent. These are matters of common knowledge. There 



Commissioner of Agriculture. 105 

is doubtless in the prosecution of these industries danger of 
adulteration and of the use of processes injurious to public 
health. The regulation of these subjects for the protection of 
the public health and the prevention of imposition on consum- 
ers is within the power of the Legislature, and the propriety 
of its exercise cannot be questioned. But while it may regu- 
late, the Legislature may not destroy the industry, and that is 
not a valid regulation which in dealing with the means of pre- 
serving food makes the preservation of food itself an unlawful 
act. Ingredients and processes may be prohibited as unwhole- 
some or causing deception, but not solely because they preserve. 

The judgment appealed from should be affirmed, with costs. 

Parker, Ch. J., Gray, O'Brien, Haight. Landon and Werner, 
JJ., concur. Judgment affirmed. 

This law, so far as it applies to selling preservatives as such, 
was declared unconstitutional, because it did not confine its pro- 
hibitions to unhealthful and unwholesome preservatives. Phy- 
sicians who ought to be competent to speak upon this subject 
stated to me that, in their judgment, quite a percentage of infant 
mortality was due in times past to the use of preservatives. 
I would, therefore, respectfully recommend to your honorable 
body that the statute above declared unconstitutional be 
amended by prohibiting the sale of such preservatives as may 
be detrimental to health, or else a statute in which shall be 
specifically named those particular preservatives that are detri- 
mental to health and their use in such food products. 

VINEGAR. 

The Assistant Commissioners in the different divisions in the 
State have been instructed to exercise vigilance continuously 
relative to violations of this portion of the Agricultural Law. 
In doing this work a peculiar condition has been discovered rel- 
ative to some of the vinegars placed upon the market. It was 
found to contain sufficient amount of acetic acid and the re- 
quired amount of solids, but was declared by the chemists not 



106 



Ninth Annual Report op the 



to be pure cider vinegar and it was sold as and for such. After 
due consideration of this matter warning was given to the dif- 
ferent manufacturers that if they were adulterating this vine- 
gar it must be stopped. Cases were subsequently made for its 
sale and they were referred to the Attorney-General for prose- 
cution. One of the cases is now being tried in the Supreme 
Court in which our evidence shows: 

First. That the vinegar was not pure cider vinegar. 

Second. That it was made of refuse material. 

Third. It was artificially colored. 

This question is still pending. With the exception of this 
particular class of vinegar the law is being generally observed 
throughout the State, and the vinegar is generally pure and 
what it purports to be. 

The following cases have been referred to the Attorney- 
General during the year for violation of the Vinegar Law, viz.: 



October S, 1900. 

Case No. 

People v. Hazard & Co 2457 

People v. Beckman 2624 

People v. Kummer 2625 

People v. Meyer 2456 

November 5, 1900. 

People t. Mock 2277 

People v. Parker 2278, 2279, 2280 2284 

2285, 2287, 2288 

November 11, 1900. 
People v. Schmidt 2282 

November 28, 1900. 

People v. linger 1154 

People v. Maurer 1155 

December 88, 1900. 
People v. Maul 2289 

January 7, 1901. 

People v. Meinhold & Heinmann 931 

People v. Koerig & Shuester 2468 

March 2, 1901. 

People v. Lincoln 2904 

People v. Robillard 2905 

People v. Hamilton & Richardson.... 2906 



April S, 1901. 

Case No. 

People v. Gillott 2460 

People v. Reiss & Brady 2472, 929 



May 9, 1901. 
People v. Weppner Co 



May 23, 1901. 



People v. Davis 



2291 



2473 



July te, 1901. 
People v. Crouse & Son 1511, 1513 



September 17, 1901. 

People v. Coan & Co 3210 

People v. Thalmeimer 3202 

People v. Settle 3211 

People v. Walrath & Co 3205 

People v. Tracy & Co 3205 

September SO, 1901. 

People v. Granger & Co 2244, 2295 

2243, 2242 

People v. Clark 2241 

People v. Niagara Fruit Co 2298, 2239 

2364, 2365, 2366, 2367, 2368, 2369, 2370 

People v. Albion Cider & Vinegar Co. 718 

719, 2234, 2235, 2236, 2237, 2238, 2240, 2299 



Commissioner of Agriculture. 107 

THE SO-CALLED " BOB VEAL " LAW. 

By the provisions of chapter 491, Laws of 1898, your honor- 
able body provided as follows relative to the sale of calves in 
this State: 

§ 71. No person shall slaughter, for the purpose of selling the 
same for food, or expose for sale or sell within this State, or 
bring or cause to be brought into any city, town or village 
within this State for food any calf or carcass of the same, or 
any part thereof except the hide, unless it is in good, healthy 
condition and was at least four weeks of age at the time of 
killing. Any person or persons duly authorized by the Commis- 
sioner of Agriculture, may examine any calf or veal found 
within this State offered or exposed for sale, or kept with intent 
to sell as food, and if such calf is under four weeks of age, or 
the veal is from a calf killed under four weeks of age, or from 
a calf in an unhealthy condition when so killed, he may seize 
the same and cause it to be destroyed or disposed of in such 
manner as to make it impossible to be thereafter used as food. 

§ 72. On and after the passage of this Act it shall be unlaw- 
ful for any corporation, partnership, person or persons to ship 
to or from any part of this State any carcass or carcasses of a 
calf or calves or any'part of such carcass except the hide, unless 
they shall attach to every carcass or part thereof so shipped 
in a conspicuous place a tag, that shall stay thereon during 
such transportation, 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. 

§ 73. On and after the passage of this act, no railroad com- 
pany, express company, steamboat company, or other common 
carrier, shall carry or receive for transportation any carcass 
or carcasses of calves, or any part of the same except the hide, 
unless the said carcass or carcasses or parts thereof shall be 
tagged as herein provided. 

§ 2. This act shall take effect immediately. 

The peculiar way in which the traffic of veal carcasses is 
carried on within the "State makes this law somewhat difficult 
of enforcement. However, in proceeding to enforce it we first 
ascertain the lines or channels of this trade, then place the 
agents upon these lines to watch the consignments to see 
whether they were or were not violations of the statute. I 
might here call the attention of your honorable body to the fact 



108 Ninth Annual Retort of the 

that it was with some difficulty I was able to procure men to 
do ordinary agent work in this branch who were competent to 
determine, in the short space of time it was necessary for them 
to determine, whether or not the particular calf or carcass that 
was being offered for sale was or was not in violation of the 
statute; The particular method of operating, as above set forth, 
was supplemented by the further examination of the calves that 
were seized and declared ito be under age, viz.: They were sent 
by express to the hospital of William H. Kelly, veterinary sur- 
geon, of this State, where they were subsequently examined by 
Dr. Kelly in conjunction with some other veterinarians in the 
employ of the Department, and portions of the calves condemned 
preserved in alcohol for use in court. The portions so preserved 
are the navel, navel cord and kidneys. I am informed that they 
indicate with more accuracy the probable age of the calf than 
any other portion of the carcass that can be taken. This evi- 
dence is vouched for by the veterinarians in our employ, and is 
approved by the Veterinary College at Cornell University. 
There were quite a few persons who made a business of collect- 
ing these small calves and sending them to the market. A 
goodly number of them, however, upon the enactment of the 
law stopped the business, but there were some continued it in 
defiance and it made the work of the Department quite difficult 
from the fact that they entered into subterfuge, with their cun- 
ning to assist, to get carcasses to market without our knowl- 
edge, and to get them there in such a way that persons finding 
them would be unable to determine the consignor. When these 
subterfuges were being gradually but surely overcome, as 
though the thought had suddenly struck them at once, the con- 
signments were made to parties who were in the business in 
New York city, but made to them in Jersey City, thereby giving 
a chance to raise the question of interstate commerce in all the 
cases; i. e., to raise the question of our right to stop the goods 
in transit when the point of destination is outside the State. 
By carefully watching these consignments we were enabled ulti- 
mately to aseertain their destination within the State when 



Commissioner of Agriculture. 109 

brought over on the ferries, and so have made cases against the 
parties receiving them and exposing them for sale. In one of 
the cases made by this Department which was tried at 
Norwich, Chenango county, on the thirtieth day of Septem- 
ber, 1901, the question was raised by the defendant's attor- 
ney to the effect that the statute, chapter 491, Laws of 
1898, was repealed by the provisions of chapter 321, Laws 
of 1901. It was reported to this office by the attorneys 
who had charge of the case for the people that the judge 
in considering the matter stated that the question of whether 
it was or was not repealed by the provisions of the above- 
named chapter was immaterial to the case at bar inasmuch 
as that case was made prior to the enactment of the said 
chapter 321, and the right of action was therefore preserved to 
the people. He therefore did not pass upon the question of 
whether chapter 321, Laws of 1901, repealed the provisions of 
chapter 491, Laws Of 1898, but the judge expressed himself in- 
cidentally in discussing the question as believing that it was so 
repealed. The whole matter was therefore laid before the 
Attorney-General with the object in view of testing this ques- 
tion in the courts, or asking your honorable body to so amend 
the provisions of chapter 321, Laws of 1901, above referred 
to, as to re-enact the provisions of chapter 491, Laws of 1898, 
which, if they were repealed, were so repealed by inference and 
undoubtedly without intention. The wisdom of continuing pros- 
ecutions under this chapter until this question is settled may be 
debatable, but if the statute should be ultimately declared re- 
pealed and a great number of cases should be pending in which 
the defendants were to recover costs it would be expensive to 
the State. I would therefore suggest to your honorable body 
the re-enactment of the provisions of chapter 491, Laws of 1898, 
by amending chapter 321, Laws of 1901, by adding thereto those 
sections. This will end the controversy on the proposition as 
to whether the statutes are still in existence with, in my judg- 
ment, the least possible harm to all persons concerned. 



110 



Ninth Annual Report of the 



The following cases have been reported to the Attorney-Gen- 
eral for prosecution under this law, viz.: 





October l, . 


mo. 


People v. 


Kelly. 






'November 11, 


1900. 


People v. 


Martin. 




People v. 


Eckler. 






November 87, 


1900. 


People v. 


Holdredge. 




People v. 


Bresee. 




People v. 


Hook. 






November 28, 


1900. 


People v. 


Sloat. 






December 1, 


1900. 


People v. 


Carroll. 






December S, 


1900. 


People v. 


Schintzius. 




People v. 


Unger. 






December 10, 


1900. 


People v. 


Cook. 




People v. 


Murray. 




People v. 


Jackson. 






December 17, 


1900. 


People v. 


Allalrd. 




People v. 


Welch. 




People v. 


Dean. 






December 27, 


1900. 


People v. 


Kemp. 




People v. 


Carroll. 




People v. 


Stilson. 




People v. 


Stewart. 




People v. 


Harby. 




People v. 


Dean. 




People v. 


Tllton. 






January 7, 


1901. 


People v. 


Bedell. 






January U, 


1901. 


People v. 


Snead. 




People v. 


Clark. 






January 18, 


1901. 


People v. 


Dean. 






February 11, 


1901. 


People v. 


Golde. 




People v. 


Bartlett. 




People v. 


Russell Brothers. 


People v. 


Harby. 




People v. 


Mackin. 






February 28, 


1901. 


People v. 


King. 




People v. 


Mason. 




People v. 


Martin. 




People v. 


Reglis. 






March SI, 


1901. 


People v. 


Holdredge. 




People v. 


Pike. 




People v. 


Scott. 





March 28, 1901. 
People v. Williams. 
People v. Culver. 
People v. Knapp. 
People v. Huyck. 
People v. Walrath. 
People v. Bradley. 







April k, 1901. 


People 


v. 


Mtiwerson. 


People 


V. 


Oliver & Co. 


People 


V. 


Williams & Brothers, 


People 


V. 


Bingham & Co. 


People 


V. 


Williams. 


People 


V. 


Dennis & Herring. 


People 


V. 


Allison & Co. 


People 


V. 


Scheer. 


People 


V. 


Hartman & Carson. 


People 


V. 


Richardson & Co. 


People 


V. 


Foley & Co. 


People 


V. 


Steers & Menke. 


People 


V. 


Adams Brothers. 


People 


V. 


Moritz. 


People 


V. 


Apple. 


People 


V. 


Frank & Co. 


People 


V. 


Joseph & Co. 
April 10, 1901. 


People 


V. 


McFeely. 


People 


V. 


Martin. 


People 


V. 


Root. 


People 


V. 


Campbell. 


People 


V. 


Shields. 


People 


V. 


Zone. 


People 


V. 


Brown. 

April SS, 1901. 


People 


V. 


Perkins. 


People 


V. 


Lally. 


People 


V. 


Gilbert. 


People 


V. 


Goddell. 


People 


V. 


Ware. 


People 


T. 


Wergand. 

April S6, 1901. 


People 


T. 


Holdridge. 


People 


V. 


Lewis. 


People 


V. 


Oliver & Co. 


People 


V. 


Martins. 


People 


V. 


Granata. 


People 


V. 


Foley & Co. 


People 


V. 


Kensington. 



June ?.',, 1901. 
People v. Steers & Menke. 
People' v. Dennis & Herring. 



People v. 



July 11, 1901. 

S earls. 



Commissioner op Agriculture. Ill 

LINSEED OIL. 

During the year a canvass of the different stores in the State 
where linseed oil was sold or exposed for sale has been made 
with considerable care by a special agent of this Department 
who was an expert relative to that commodity. Wherever the 
adulterated goods, or goods whose sale or exposure for sale 
would be in violation of the statute, were found, notice was 
given to the parties that its sale was a violation. A second 
visit was made to the place where these particular goods were 
found during the first visit, and if they were found in the store 
a second time samples were taken for analysis by the chemist. 

The following cases were made and referred to the Attorney- 
General for violation of the provisions of the Agricultural Law, 
as follows: 

April t, 1901. 

Case No. Case No. 

People v. Lang 27 People v. Mclntyre & Sons 10 

People v. Krueger & Co 30 People v. Kun 9 

People v. Sassman & Poholski 29 People v. Smith 7 

People v. Bluman 26 People v. Bayne & Carpenter 5 

People v. Kroenencke 16 People v. Holland 1 

People v. Kaplan 14 People v. Fonda 2, 31 

People v. Wolf 13 People v. Levine 24 

People v. Gordon 12 People v. Burt 21 

People v. Frank 11 -■• == 

MAPLE SUGAR AND MAPLE SYRUP. 

No cases have been made during the year for violation of the 
provisions of this statute for the reason that if there is any 
violation we are unable to detect it at the present time. We 
have endeavored by detective work to ascertain whether the 
statute is being violated in places where maple sugar and maple 
syrup are being either renovated, made over or manufactured 
from other substances. Our detective work has been up to the 
present time unavailing, and chemical knowledge within our 
reach is not sufficient to determine when maple sugar and maple 
syrup have been adulterated by the addition of sugar or syrup 
made from other commodities. Our chemists are doing what 
they can, however, as time will permit, to develop some means 
of determining such adulteration. T T ntil this is done we cannot 



112 Ninth Annual Report of the 

prosecute any cases for the violation of the statute. I am of 
the opinion that it would not be unwise for your honorable body 
to make a small appropriation for experimenting along this and 
other lines of work with which this Department is charged, in 
which we are having similar difficulty with our chemical work. 

BEET SUGAR. 

During the past season, in accordance with the provisions 
made by your honorable body, the following men, viz., Parley 
M. Brown, John W. Calkins, George E. Hollenbeck, C. M. La 
Monte, D. W. Lasher, S. Niles Loomis and E. C. Montross, have 
been employed as instructors, whose duty it has been to go 
among the farmers of the State who were putting in crops of 
sugar beets for the first time to instruct them relative to the 
preparation of the soil, growing, caring for and harvesting the 
beets for the sugar-beet factories. These men have been em- 
ployed all the time they profitably could in this work. Just 
how to measure the results to determine whether they were 
beneficial or otherwise I am at a loss. There can hardly be 
doubt, however, but what this work has been of great help to 
those who were putting in first crops, entirely ignorant of its 
requirements, being a new industry within the State. There 
have been two beet-sugar factories in operation in the State 
during the present season — one at Binghamton, N. Y., known 
as the Binghamton Beet Sugar Company's Factory, and the 
other at Lyons, N. Y., known as the Empire State Sugar Com- 
pany's Factory. 

Reports from the men in the field show that in many cases 
the land selected for the growing of the beets was not appro- 
priate for the purpose and consequently showed a small yield. 
This had a tendency to make the average per acre smaller from 
the beets thus raised in the State of New York. During the 
year above mentioned there were produced by the two factories 
sugar as follows, viz.: The Binghamton Beet Sugar Factory, 
2,500 tons, and the Empire State Sugar Factory, 2,000 tons, 
making in the aggregate the amount of sugar made by these 



Commissioner of Agricultures 113 

two factories in the year 1901, 4,500 tons, made from 47,000 
tons of beets, averaging about 192 pounds of sugar to one ton 
of beets. 

Your honorable body appropriated by the provisions of chap- 
ter 331, Laws of 1901, $93,000 to be apportioned under the pro- 
visions of chapter 500, Laws of 1897, as a bounty, said distribu- 
tion to be made upon a base of not to exceed one cent per pound 
for the sugar manufactured coming within the requirements 
and provisions of said statute. Under that statute I have dis- 
tributed money as follows to the two factories above named, 
viz., to the Binghamton Beet Sugar Factory $48,350.95, and to 
the Empire State Sugar Factory, $42,347.03. 

SAN JOSE SCALE. 

During the year the agents of this Department have been 
actively engaged in examining the nurseries, as provided by the 
Agricultural law, relative to infectious or contagious diseases 
of fruit trees. As a result of the examination of those nurseries 
the Department has issued in accordance with the provisions of 
the said statute 439 certificates to nurserymen on an inspection 
of 7,156f acres of nurseries and 294 acres of vineyards, as 
against 399 certificates on 6,005^ acres of nursery stock and 
1,018 acres of vineyards in 1900. Seventy-six were certified for 
the first time this year, accounted for mostly by increase in 
business and partly by changes in firm names. Two hundred 
and thirty-five nurseries reported as embracing five acres or 
less, and 187 over five acres. One hundred and six nurserymen 
received duplicate certificates to file with authorities in other 
States as follows: Pennsylvania, 2; Georgia, 39; Illinois, 20; Indi- 
ana, 15; Iowa, 28; Maryland, 76; Michigan, 82; New Jersey, 15; 
North Carolina, 51; Ohio, 88; Virginia, 71; Florida, 2; total, 489. 
After August 1st duplicate certificates were supplied only for 
Georgia, Maryland, Michigan, North Carolina, Ohio and Virginia, 
the only States having laws and regulations requiring the filing 
of copies of original certificates. 
8 



114 Ninth Annual Report of the 

It has been the invariable rule in the inspection of nurseries 
to destroy every tree or plant on which the San Jose' Scale was 
found, together with adjoining trees. Infested orchard trees 
in proximity to nursery stock are condemned and burned, and 
the Department has required all nurserymen to fumigate stock 
dug for shipping from blocks or fields in which scale has been 
found. Two, three or more inspections were made of nurseries 
where it was known that the scale had been found in the vicin- 
ity, and every such place has been throughout the summer un- 
der the care of an inspector, aided in every instance by the 
owner. It is the intention of the Department that its certifi- 
cates shall be entirely reliable, and that they are so is shown in 
that out of the shipment of millions of trees and plants from 
this State in 1901, only one case of scale was reported back to 
the Department as having been sent out by a nurseryman hold- 
ing certificate, and that was traced to an old, transplanted 
block, where the inspection was made in July — before the breed- 
ing season of the scale. 

There are now twenty-three houses specially prepared for the 
fumigation of nursery stock by the New York State nurserymen, 
and some growers fumigate a whole or a part of the stock they 
handle; some fumigating all stock shipped, notwithstanding the 
fact that no scale has ever been found on their premises. 

Following is an estimate of the varieties and number of trees 
growing in New York nurseries in 1900-1901 (figures never be- 
fore collected), as reported by inspectors, from information ob- 
tained at the time of inspection, giving a very fair idea of the 
extent and growth of the nursery business in this State: 



Apple 

Pear 

Pear, dwarf 

Plum 

Cherry 

Peach 

Quince 



1900. 


1901. 


8,830,217 


10,258,166 


4,755,133 


6,162,537 




439,713 


4,495,122 


5,651,289 


3,955,892 


5,532,815 


2,823,363 


3,473,297 


718,565 


587,966 



Commissioner of Agriculture. 115 



1900. 


1901. 


77,016 


56,821 


3,521,606 


2,163,670 


4,815,868 


5,488,076 


4,263,224 


3,438,834 


11,795,139 


21,433,966 


80,188 


626,710 


234 


213| 


80 


mi 


138 


159 


896 

.... . _ _. . 


294 



Apricot 

Ornamental trees. . 

Shrubs 

Currants 

Grapes 

Gooseberries 

Raspberries, acres . 
Blackberries, acres. 
Strawberries, acres 
Vineyards, acres . . . 



The total number of fruit trees inspected in 1900 was 25,655,- 
308, and in 1901, 32,162,604, representing 6,005£ acres in the first 
instance, and 7,156f in the second. 

Owing to the fact that more time was spent on inspection 
work this year, and that much reinspection was done, we feel 
that we have full information on the location of areas infested 
with San Jose' scale. It was found on fifty-nine premises be- 
longing to owners of property who asked for certificates, but 
this does not mean that the larger nurseries of the State are 
generally infested throughout the entire stock. Some small 
nurseries were generally infested, but these were owned by 
nurserymen who did no more than a local business, and few, if 
any, ever shipped stock out of the State. Other large nurseries 
were reported infested, but the infestation was confined to a de- 
tached block of trees, and often was found in transplanted stock 
or in packing yards. In other cases nurserymen had a single 
plant or two brought in from an infested section subsequent 
to inspection. Other cases are reported where extensive nur- 
series had scale in a proving-ground or a garden, while the gen- 
eral stock was entirely clean. 

It is worthy of mention that the majority of infestations re- 
ported were in stock brought from other States and trans- 
planted, or " lined out " and kept from year to year. Old trees 



116 Ninth Annual Report of the 

of " hospital " stock usually prove breeding-grounds for most 
pests, while young, thrifty and highly cultivated plats are more 
often free from insect pests, though not necessarily exempt. 
One-half of the infestations were on premises of less than five 
acres. One of the most serious infestations was of less than 
50 trees, scattered through a block of 20,000 apple trees. Sev- 
eral places of less than 2,000 trees were slightly infested, but 
in serious shape because of infested orchard trees nearby. 

While the extermination of the scale is the principal work of 
the inspectors, the law provides in general terms for other 
insect pests and fungous diseases. Considerable work has been 
done in checking the spread of caterpillars, borers, aphides and 
other insect pests, and crown gall, black-knot and other fungous 
diseases. 

The increased appropriation for orchard inspection over last 
year enabled the Department to in part satisfy the orchardists 
in the various sections of the State who have been very urgent 
for an inspection of their orchards. The San Jose" scale and 
peach yellows are such serious pests that they cause much alarm 
among fruit-growers when their presence is found in an orchard 
section. Seven hundred and sixty-six orchards, embracing 
9,718 acres, were carefully examined, and the scale found in 140. 
Some trees were in a rapidly failing condition. Some large 
orchards have small centers of infestation, and it is hoped that 
in such cases the scale may be controlled by the energetic 
efforts of the owner. It is the policy of the Department, which 
is generally recommended, that all badly infested trees shall 
be at once burned, and the remainder treated with approved 
oily sprays or fumigated with hydrocyanic acid gas. 

Many experiments have been directed by the Department with 
petroleum and the results have been favorable to a great extent. 
In some cases all the scales have been destroyed; in others the 
larger percentage were killed — in fact, nearly all — but enough 
scale survived to require watchfulness and further application 
of the spray the coming season. Persistent care and proper 
spraying with 25 per cent petroleum with water, by an accurate 



Commissioner of Agriculture, 117 

mixing pump, will keep the scale in check in orchard trees, and 
may possibly exterminate it. 

Many experiments in the fumigation of orchard trees with 
hydrocyanic acid gas have been made, and in most cases show 
that a single fumigation killed every scale, as none appeared 
the season following. However, there are instances where live 
scales appeared on the fumigated trees during the following 
breeding season. The fact that scales can all be killed, but are 
not, shows a fault somewhere. It may be that the chemicals 
used were not up to the standard of purity, that they were not 
properly mixed, that the tent was not air-tight, that the cubic 
feet of space was not rightly proportioned to the cyanide used, 
or that the exposure was inadequate. Then, too, live scales 
may come from adjoining trees. 

Here we have two methods that promise to help the unfortu- 
nate orchardist. Both can be used to advantage, and neither 
will injure the trees. Small orchard trees can be treated at 
about the same cost by either method, but tents for large trees 
are expensive; therefore there seems no other way left than to 
spray. The use of petroleum, where it has been effective in 
checking the scale, was applied as late in spring as possible, 
prior to the flow of sap or the opening of the buds. The light- 
colored amber oils of a light specific gravity, used with a mixing 
pump at the rate of 25 per cent of oil to 75 per cent of water, 
seems to be the best formula at present known. 

The best results obtained by hydrocyanic acid gas have been 
where the work was properly done in every detail, and the 
formula for generating the gas was as follows : 1 ounce of cyan- 
ide of potassium, 98 per cent pure; H ounce of commercial 
sulphuric acid and 3 ounces of water to each 100 cubic feet of 
space, with 30 to 45 minutes' exposure. 

Twelve hundred and eleven orchard trees and 26,296 currant 
bushes were destroyed because of the San Jose" scale. In many 
orchards, apple canker is getting in its destructive work; 
black-knot is locally bad; borers and bark beetles, blight, apple 
scab and scale insects other than San Jose' are frequently found 



118 Ninth Axnual Report of the 

to an injurious extent. The advice of the inspectors is con- 
stantly sought, and their good work among the fruit growers 
seems to be highly appreciated, and cannot, by any means, be 
fully shown in such a report as is here presented. The following 
is a compilation of the inspectors' reports in orchard work in 
1900-1901: 



Apple 

Pear 

Dwarf pear 

Plum 

Peach 

Cherry 

Apricot . . .j 

Quince 

Currants 

Strawberries, acres 
Raspberries, acres . 
Blackberries, acres 
Gooseberries, acres 
Vineyards, acres . . . 



The total number of trees inspected in 1900 was 399,271, and 
in 1901, 852,633. 

The law requires transportation companies doing business in 
the State to notify the Commissioner of Agriculture of the 
receipt of nursery stock from points without the State to points 
within the State. We have received 366 notices at this Depart- 
ment, and the inspectors at certain nursery centers have received 
many more. These shipments were in size from a bale to a full 
carload. A few were found infested with enough scale to show 
the wisdom of this form of notice, as most of the stock received 
in the State is reshipped under the certificates of this Depart- 
ment. It is worthy of notice that the infested stock discovered 
were in shipments from some of the largest and most reputable 
firms of nurserymen in the United States. 



1900. 
Trees. 


1901. 
Trees. 


42,637 


215,029 


53,062 


220,428 


3,030 


21,133 


21,068 


96,640 


260,875 


247,949 


17,590 


40,344 


284 


1,001 


725 


10,109 


872,700 


387,094 


143 


84* 


67 


119 


22 


26 


5 


11 


1,663 


594£ 



Commissioner op Agriculture. 119 

Arrangements have been made with the United States treas- 
ury so that the eight custom houses located in this State shall 
notify the Department of the receipt of nursery stock from for- 
eign countries having a destination within the borders of New 
York. An inspector has been assigned to look after the work 
at New York and Rochester, the two principal ports of entry for 
this class of goods. Reports have been received from inspectors 
on the shipment of stock as follows: 36 carloads, 376 boxes and 
83 bales, embracing the following stock: fruit trees, 290,036; 
ornamental trees, 74,076; seedlings, 47,848; shrubs, 132, 994; cur- 
rants, 44,915; gooseberries, 3,690; other berries, 19,275. Two car- 
loads containing 27,375 trees were found infested with scale — 
11 trees in one and 550 in the other; and 26 boxes containing 
22,375 trees and plants were each infested to the extent of 237 
trees. 

The auction rooms in New York city received nursery stock 
from many sections, and they are under the care of an inspector 
of this Department. Reports of inspections cover 37,640 trees 
and plants, a few which were found infested were burned. 

BEES. 

The report of work done by agents under the provisions of 
the law relative to the prevention of diseases among bees (chap- 
ter 223, Laws of 1899), for the season of 1901, is as follows: 

Four agents were assigned to this work and their names, 
addresses and divisions were the same as in 1900, as follows, 
viz.: 

First Division — Comprising the counties of Albany, Clinton, 
Columbia, Dutchess, Essex, Greene, New York, Putnam, Rens- 
selaer, Saratoga, Schenectady, Warren, Washington, West- 
chester. — Wheeler D. Wright, Agent, Altamont, N. Y. 

Second Division — Broome, Chenango, Delaware, Kings, 
Nassau, Orange, Otsego, Queens, Richmond, Rockland, Scho- 
harie, Suffolk, Sullivan, Ulster.— N. D. West, Agent, Middle- 
burg, N. Y. 



120 Ninth Annual Report of the 

Third Division — Allegany, Chemung, Cortland, Fulton, Hamil- 
ton, Herkimer, Madison, Montgomery, Oneida, Schuyler, Steu- 
ben, Tioga, Tompkins. — Charles Stewart, Agent, Sammonsville, 
N. Y. 

Fourth Division — Cattaraugus, Cayuga, Chautauqua, Erie, 
Franklin, Genesee, Jefferson, Lewis," Livingston, Monroe, 
Niagara, Onondaga, Ontario, Orleans, Oswego, Seneca, St. Law- 
rence, Wayne, Wyoming, Yates. — -Mortimer Stevens, Agent, 
Pennellville, N. Y. 

A summary of the work shows that the number of apiaries 
examined was 905, embracing 25,065 colonies; 487 apiaries, or 
54 per cent, were diseased. This number of apiaries embraced 
3,451 colonies, 614 of which were destroyed; the remainder were 
subjected to remedial treatment, and wherever properly and 
carefully done resulted in saving the colonies and placing them 
on a paying basis. 

Early in the season 248 colonies were found dead as a result 
of starving or smothering over the winter of 1900-1901. We 
concluded that the work of the agents in the apiaries was effec- 
tive in checking the spread of bee diseases from the fact that 
we find in 1900 24 per cent of the colonies of bees in the State 
were diseased and only 14 per cent in 1901. 

The diseases found as reportd by the agents of the Depart- 
ment are " foul brood " {Bacillus alvei), " black brood " (Bacillus 
millA) and " pickle brood." 

Of these bacterial diseases the black brood is the most malig- 
nant and contagious, and whenever found should have prompt 
and thorough attention; weak colonies should be condensed and 
strengthened; infected colonies destroyed, together with all 
appurtenances, as no diseased material should be accessible to 
healthy bees. 

1 am pleased to report that no outbreak of disease has been 
discovered in auy section of the State outside of the infested 
sections reported last year. 

In order to meet the exigencies that arise in this work I sug- 
gest that wherever the words " foul brood " appear in the law 



Commissioner op Agriculture. 



121 



(chapter 223, Laws of 1899) they shall be followed by the words, 
" or any other contagious disease," and I recommend that such 
an amendment be made. 



AGRICULTURAL SOCIETIES. 

The appropriations made by the Legislature for the promotion 
of agriculture, to be distributed to agricultural societies, were 

$162,000, of which $66,000 was appropriated by chapter 418 of 
the Laws of 1900, and |96,000 was appropriated by chapter 302 
of the Laws of 1901. 

The amounts apportioned and paid to the agricultural socie- 
ties entitled to the above-named moneys are as follows: 

Hornellsville Farmers' Club $2,000 00 

Cambridge Valley Agricultural Society and Stock Breeders' Association 2,000 00 

Albany County Agricultural Society and Exposition 2,087 35 

Allegany County Agricultural Society 1,369 26 

Broome County Agricultural Society 1,824 05 

Cattaraugus County Agricultural Society 1,487 42 

Chautauqua County Agricultural Society 1,339 69 

Chemung County Agricultural Society 1,647 63 

Chenango County Agricultural Society 1,368 21 

Clinton County Agricultural Society 2,058 17 

Columbia County Agricultural Society 3,083 82 

Cortland County Agricultural Society 2,548 07 

Delaware County Agricultural Society 1,749 09 

Dutchess County Agricultural Society 4,286 35 

Erie County Agricultural Society 2,325 95 

Essex County Agricultural Society 1,426 85 

Franklin County Agricultural Society 2,024 92 

Fulton County Agricultural Society 2,369 82 

Genesee County Agricultural Society 1,850 00 

Greene County Agricultural Society 1,318 84 

Herkimer County Agricultural Society 1,742 28 

Jefferson County Agricultural Society 2,694 13 

Lewis County Agricultural Society 1,581 07 

Hemlock Lake Union Agricultural Society 1, 497 85 

Brookfleld Agricultural Society 1,510 66 

Brockport Union Agricultural Society 2,024 96 

Montgomery County Agricultural Society 1,711 18 

American Institute of the City of New York 1,962 97 

Niagara County Agricultural Society 1,473 33 

Oneida County Agricultural Society 1,805 30 

Onondaga County Fair 1,817 80 

Ontario County Agricultural Society 1,648 28 

Orange County Agricultural Society 2,624 56 

Orleans County Agricultural Society 1,873 08 

Oswego County Agricultural County 2,120 85 

Otsego County Agricultural Society 2,000 09 

Putnam County Agricultural Society 1,275 90 

The Agricultural Society of Queens-Nassau Counties 3,631 C2 

Agricultural and Liberal Arts Society of Rensselaer County 2,190 23 

Rockland County Agricultural and Horticultural Association 1,581 47 

St. Lawrence County Agricultural Society 2,197 12 

Saratoga County Agricultural Society 2,036 87 



122 Ninth Annual Report of the 

Schoharie County Agricultural Society $1,741 53 

Schuyler County Agricultural Society 1,518 90 

Seneca County Agricultural Society 1,739 71 

Steuben County Agricultural Society 2,603 80 

Suffolk County Agricultural Society 2,092 30 

Sullivan County Agricultural Society 1 , 781 72 

Tioga County Agricultural Society 1,620 05 

Tompkins County Agricultural Society 2,045 90 

Ulster County Agricultural Society 1,802 69 

The "Warren County Fair ' 1,312 63 

Washington County Agricultural Society 2,862 41 

Wayne County Agricultural Society 1,499 73 

The Society of Agriculture and Horticulture of Westchester County 5,500 73 

Wyoming County Agricultural Society 1,302 43 

Yates County Agricultural Society 1,504 70 

Cuba Fair Association 1,290 35 

Wellsville Fair Association 1.320 14 

Binghamton Industrial Exposition 2,147 17 

Franklinville Agricultural and Driving Park Association 1,259 31 

Afton Driving Park and Agricultural Association 1 , 463 35 

Riverside Agricultural Society 1,571 29 

Columbia Agricultural and Horticultural Association 1,450 97 

Catskill Mountain Agricultural Society 1,007 27 

Delaware "Valley Agricultural Society 2,155 28 

Cape Vincent Agricultural Society 895 25 

Boonville Fair Association 1,16171 

Phoenix Union Agricultural Society 890 08 

Gorham Agricultural Society 1,015 18 

Naples Union Agricultural Society 1,108 57 

Sandy Creek, Richland, Orwell and Boylston Agricultural Society 1.851 48 

Morris Fair Association 2 , 160 08 

Oneonta Union Agricultural Society 3,531 05 

Richfield Springs Agricultural Society 1,180 19 

Schenevus Valley Agricultural Society 1,139 96 

Rockland County Industrial Association 878 72 

Gouverneur Agricultural and Mechanical Society 1,338 05 

Oswegatchie Agricultural Society i' 107 57 

Racket Valley and St. Regis Valley Agricultural Society 2,359 17 

Cobleskill Agricultural Society 3,120 68 

Southern Steuben Agricultural Society 907 38 

Northern Tioga Agricultural Society 1,605 80 

Dryden Agricultural Society 2,247 80 

Union Agricultural and Horticultural Society (Trumansburg) 1 , 321 48 

Newark Fair Association 989 83 

Palmyra Union Agricultural Society 1,304 43 

Silver Lake Agricultural and Mechanical Association - 

Dundee Fair Association 



1,098 14 



Commissioner of Agriculture. 123 

statement of salaries and expenses of the commissioner, assist- 
ant commissioners, experts, agents, chemists, etc., for the 

YEAR 1900-1901. 

Salary. Expenses. 

Commissioner $4,000 00 $750 00 

Assistant Commissioners 17,000 00 6,686 08 

Bookkeepers, stenographers, etc 6,420 00 

Cheese instructors 4,750 00 3,353 77 

Special agents 31,062 50 21,545 36 

Inspectors 8,660 00 5,546 96 

Veterinarians 3,227 50 2,080 67 

Chemists 10,837 00 504 38 

Postage, stationery, printing, supplies, etc 6,59168 

Miscellaneous (other than above enumerated) . 5,239 41 

Diseases of domestic animals (tuberculosis and glanders) • 904 00 763 82 

Nursery inspection 6,083 48 3,036 83 

Sugar beet instruction 1,734 00 2,56161 



KECOMMENDATIONS. 

For the fiscal year beginning October 1, 1902, I hereby respect- 
fully make the following recommendations as to appropriations 
necessary to do the work under the present Agricultural Law, 
viz.: 

For the general work of the Department f 144,000 00 

For Farmers' Institutes 20,000 00 

For the distribution of money among agricultural 
societies and the American Institute of the city 
of New York 56,000 00 

For the general work of the Experiment Station at 
Geneva 50,000 00 

For experimental work at the Experiment Station 
at Geneva 8,000 00 

For the enforcement of the provisions of the fertil- 
izer law 10,000 00 

For the enforcement of the provisions of the feed- 
ing stuff law 2,500 00 

For maintaining the veterinary college at Cornell 

University 20,000 00 

■ i . i 

C. A. WIETING, 

Commissioner of Agriculture. 



APPENDIX. 



Report of F. J. H. Kracke, Assistant Commissioner. 
Report of Ebenezer J. Preston, Assistant Commissioner. 
Report of T. James Owens, Assistant Commissioner. 
Report of Charles' T. Russell, Assistant Commissioner. 
Report of Verlett C. Beebe, Assistant Commissioner. 
Report of William T. Hughes, Assistant Commissioner. 
Report of Asa L. Twitchell, Assistant Commissioner. 
Report of James P. Clark, Assistant Commissioner. 
Report of John H. Grant, Assistant Commissioner. 
Report of William Henry Kelly, Veterinarian. 
Financial Reports of Agricultural Societies for 1901. 
Agricultural Law. 

Report of Cornell University Agricultural Experiment Sta- 
tion. 

Report of New York Agricultural Experiment Station. 
Report of F. E. Dawley, Director of Farmers' Institutes. 



Report of F. J. H.lKracke. 



Hon. Charles A. Wieting, Commissioner of Agriculture: 

My Dear Sir. — I herewith submit the annual report of the 
work performed in the Second Division of the Department of 
Agriculture and the result of the prosecutions by the Attorney- 
General of violations of the Agricultural Law, also the present 
status of cases pending. 

In my previous report the New Jersey oleomargarine wagon 
peddler problem, with its attending difficulties, was spoken of. 
It was thought then that it might be possible to obtain addi- 
tional legislation to more fully cope with this condition, but 
after careful study it was found to be impracticable owing to 
inter-state commerce questions. We therefore went to work 
under the law as it now stands and devoted a considerable part 
of our time to obtaining the right evidence against this class of 
violators. As a result fifteen wagon men were arrested, tried 
in the courts, convicted and heavy fines imposed, five or six of 
them serving a term in prison. The total amount collected in 
fines and penalties for violations of the Agricultural Law is the 
largest in many years, largely due to the increased heavy penal- 
ties imposed. 

The law having been amended this year, increasing the mini- 
mum penalty from $25 to $50 for the first offence, and from $100 
to $200 for the second offence in a civil action, and from $25 to 
$50 for the first offence, and six months imprisonment for a sec- 
ond offence in a criminal action, no doubt has been the means of 
a more wholesome respect for the law, and it is conceded that 
to-day there is a more complete observation of the same than in 

many years. 

Milk. 

The marking law, as applied to condensed milk, has been some- 
what loosely observed, and upon having secured proper evidence, 
actions were begun in a number of cases, from which about 
$2,000 in penalties were collected. 

The milk received in this city during the last year has been of 
an average quality. 



128 Ninth Annual Report of the 

INSPECTIONS OF MILK AT FERRIES, RAILROADS AND 

STEAMBOAT LANDINGS. 

During the months of June, July, August and September a 
thorough inspection of milk arriving over the different railroads 
and steamboats for consumption in New York and Brooklyn 
was made after the milk had been delivered by the common car- 
riers to the grocer and peddler. The plan adopted was, as usual, 
to obtain from the police department a detail of two or more 
officers for duty at each depot where inspections were made. 
With their assistance the wagons were formed in line as they 
came off the ferries or from the railroad depots into the streets. 
We then inspected the milk found on each wagon before allow- 
ing it to leave the line. 

The milk inspected when delivered by each railroad and steam- 
boat line represents one day's shipment over each line for con- 
sumption in New York and Brooklyn, to which may be added 
1,600 cans estimated as the average per day by miscellaneous 
conveyance during those months. 

The receipts of milk for 1899 showed an increase of six per 
cent; for 1900 about three per cent, and for 1901 about three per 
cent, being in total 470,235,960 quarts for the year, representing 
a daily receipt of 1,288,317 quarts of crude milk. 

Prosecutions for milk adulteration have been carried on, as 
has been the custom of this Department, without fear or favor. 

Butter. 

The market during the fiscal year ending October 31, 1901, 
was characterized by a high range in prices which were beyond 
the figures exporters were able to pay. This condition resulted 
in stock accumulating all over the country, and it is estimated 
that there was on hand at the close of the season 15 per cent 
more stock than last year. Export business was of poor volume, 
and mainly in factory and renovated butter. Fully three-fourths 
of foreign shipments were composed of renovated butter. This 
product was somewhat of an innovation in foreign markets, and 
where the quality was fresh and good the article was favorably 
received. 



Commissioner of Agriculture. 129 1 

Foreign markets were heavily supplied with butter from Rus- 
sia and Siberia, arid thousands of tubs were placed on English 
markets at prices much lower than those offered in the home 
market. 

The quality of butter manufactured during the past year was 
irregular. The June product was good, but dating from that 
month the make was not up to the standard, excepting in a few 
cases. Drought in the West during the months when the finest 
stock is usually produced made it impossible to keep the quality 
uniform. The amount made in New York was fully as large as in 
former years, and during the months of May, June and July there 
was keen competition among buyers from Boston, New York, 
Providence and other cities along the Eastern coast. The high 
prices realized must have been satisfactory to the various cream- 
eries. There was no difference in New York quotations between 
Eastern and Western butter, both going through the entire year 

on an equal footing. 

Cheese. 

The cheese market was not unlike butter inasmuch as high 
prices ruled during the year, with the exception of one month. 
At times quotations were at a point where speculators were 
afraid to operate. The amount made in New York was esti- 
mated to be considerably less than in former years. This condi- 
tion was undoubtedly caused by the heavy demand for milk for 
current consumption, and for condensing purposes. Contracts 
were made with farmers for their output to a far greater extent 
than heretofore, and at prices so attractive that creameries and 
factories were unable to compete. 

The average quality was fairly satisfactory, but in some of 
the Northern sections the product was especially choice, and 
with attractive competition high prices were realized. Exports 
for the year were disappointing, and during the month of Octo- 
ber prices offered in Canada were so materially lower than those 
quoted in New York that a large amount of business was di- 
verted from Montreal. 

Consumption requirements in the home market are increasing 

yearly, and small size cheese are steadily growing in favor 

among Southern dealers and nearby Eastern markets. 




130 



Ninth Annual Report of the 



The following statements show the operations under the act 
of June 6, 1896, defining cheese and imposing a tax upon and 
regulating the manufacture, sale, importation and exportation 
of filled cheese. 

The quantity of filled cheese produced, withdrawn tax paid 
for export, and that withdrawn tax paid for domestic use from 
manufactories monthly, from July 1, 1899, to June 30, 1901, is as 
follows: 



MONTH. 



July 

August ... 
September 
October ... 
November. 
December . 



1899. 



January... 
February. . 

March 

April 

May 

June 

July 

August. ... 
September. 
October ... 
November. 
December . 



1900. 



January.. 
February. 

March 

April 

May 

June 



1901. 



Total 



Quantity 
produced, 

pounds. 



84,375 
113,346 
168,742 

218,508 
221,673 
235,818 
319,846 
212,671 



20,913 

95,133 

229,269 

175,663 

257,509 
250,549 
126,069 
112,906 
37,448 



2,880,438 



Quantity Withdrawn- 
Tax Paid— 



For do- 

mestio use, 

pounds. 



26,019 
3,613 



3,638 
1^222 



3,967 
4,163 
3,423 
3,190 
37,448 



100,683 



For export, 
pounds. 



84,375 
113,346 
142,723 

214,895 
221,673 
232,180 
319,846 
197,449 



20,913 

95,133 

229,629 

175,663 

253,542 
246,386 
122,646 
109,716 



2,779,755 



It will be noted from the above table that the largest produc- 
tion month for the fiscal year ended June 30, 1900, was April, 
and the quantity produced that month was 319,846 pounds. The 
largest production month for the fiscal year ended June 30, 1901, 
was January, and the quantity produced that month was 257,509 
pounds. 

There were 1,574,979 pounds of filled cheese produced at manu- 
factories during the fiscal year ended June 30, 1900, and the 
entire quantity was tax paid. For the fiscal year ended June 
30, 1901, 1,305,459 pounds were produced and tax paid, showing 
a decrease in production as compared with the previous year of 
269,520 pounds. 



Commissioner of Agriculture. 



131 



It appears that the average monthly production for the eight 
production months of the fiscal year ended June 30, 1900, was 
196,872 pounds, and for the nine production months of the fiscal 
year ended June 30, 1901, 145,051 pounds. There was no pro- 
duction in the months of July, August and June of the fiscal 
year ended June 30, 1901. 

Statement, by Districts, Showing the Number of Establishments for 
which Special Tax Was Paid to Carry On the Business of Manu- 
facturing and Dealing in Filled Cheese During the Fiscal Tear 
Ended June 30, 1901. 



DISTRICTS. 


Manufac- 
tories. 


Rptail 
establish- 
ments. 


Total. 




5 




5 




2 
1 


2 






1 








Total for twelve months end^d June 30, 1901 


5 

6 


3 
2 


8 


Total for twelve months ended June 30, 1900 


8 



Receipts Under the Filled-Cheese Laic During tJie Fiscal Tear Ended 

June 30, 1901. 





Collections 

on filled cheese 

at 1 cent per 

pound. 


Special Taxes of— 


DISTRICTS. 


Manufacturers. 


Retail dealers. 


Total. 


First, Illinois 


$13,055 97 


$1,566 67 




$14,622 64 
6 00 


Louisana 


$6 00 
24 00 


Maryland 




24 00 










Total 


$13,055 97 


$1,566 67 


$30 00 


$14,652 61 







The following is an extract from the annual report of the 
Commissioner of Internal Revenue for the fiscal year ending 
June 30, 1901: 



132 



Ninth Annual Report of the 



Receipts Under the Oleomargarine Lair During the Fiscal Year 

Ended June 30, 1901. 





Collections 
on oleomar- 
garine at 2 
cents per 
pound. 


Special Taxes Of— 




DISTRICTS. 


Manu- 
facturers. 


Retail 

dealers. 


Wholesale 
dealers. 


Total. 








$1,190 00 
1,870 55 


$1,040 00 
480 00 


$2,230 00 
2,350 55 














Fourth California 
















5,178 00 

12,682 00 

3,682 00 

3,076 00 

48 CO 

110,066 50 

5,248 00 

5,644 00 

3,212 00 

13,634 00 

4,000 00 


2,500 00 
1,840 00 
3,960 00 
3,360 CO 

880 00 
5,240 00 
1,560 00 

560 00 
1,120 00 
3,080 00 


7,678 00 
179,409 70 
7,642 00 
6,436 00 
1 024 00 


Connecticut 


$163,087 70 


$1,800 00 


Florida 










96 00 
831, C04 13 






6,200 00 

"eoo'oo 

1,875 00 


952,510 63 
6 808 no 


Filth Illinois 


Eighth Illinois 




6 o 04 00 


Thirteenth Illinois 


1,201 60 
184,447 02 


6,133 60 

203,036 02 

4,000 00 


Sixth Indiana 


















8,69400 

656 00 

8,028 00 

2,508 00 

650 00 

84 00 

8,332 00 

6,260 00 

3,620 00 

8,064 00 

7,176 00 

276 00 

13,734 00 

2,544 00 

246 00 

3,038 00 

434 (0 

4,356 00 

20,992 00 

1,024 20 

120 00 

114 00 

388 00 






Kansas 


327,209 68 


1,100 00 


2,720 CO 


339 723 68 




656 00 




3,245 60 


700 00 


960 00 


12,933 60 

2,508 00 

650 00 




Eighth Kentucky 












"V 160 66 
4,560 00 
2.684 52 
1,240 00 
1,420 00 
3,760 00 
1,380 00 


84 00 








12 492 00 




53,661 10 


1,200 00 


65 691 10 




6 304 52 








9 304 00 


Fouith Michigan 






8 596 00 








4,036 00 
15,114 00 
82 471 90 










79,927 90 




Montana 




720 00 

1,440 00 

480 00 


966 00 


Nebraska 






4,478 00 
914 00 








First A' ew Jersey 


3,012 50 
6,167 62 




7,368 50 




600 00 


3,280 00 
480 00 


31,039 62 




1,504 20 








120 00 










114 00 


Third New York 








388 00 


Fourteenth New York. 










Fourth North Carolina 












48 00 

834 00 

280 00 

11,208 00 

9,312 00 

22,252 00 

21,792 00 

270 00 

1,958 00 

126 00 

604 00 

14,324 00 

2,202 00 

260 00 

1,772 00 

3,730 00 

1,060 00 

7,310 00 

1.636 00 

12,740 00 

488 00 

160 00 




688 00 






834 00 


Fifth North Carolina 








280 08 


First Ohio 


21,772 74 


350 00 
600 00 
600 00 


2,760 00 
2,240 00 

1,440 00 

60 00 

2,800 00 

126 00 


36,090 74 


Tenth Ohio 


12,152 00 


Eleventh Ohio 


254,787 40 
52,179 08 


277,639 40 




75,411 (8 


Oregon 


330 00 


First Pennsylvania 






4,758 00 








126 00 


42,846 60 




604 00 


Twenty -third Pennsylvania... 


600 00 


2,880 00 
1,800 00 


60,650 60 
4,(02 00 


Second Tennessee ......... 






260 00 




8,280 00 




2,240 00 
3,780 00 
1,680 00 
1,320 00 


4,012 00 


Third Texas 





16,790 00 


Fourth Texas 


2,740 no 


Second Virginia.............. 






8,630 00 








1,636 00 








3,200 00 


15,940 CO 








488 00 


Second Wisconsin 






960 00 


1,120 00 










Total 


$2,032,926 67 


$16,225 00 


$385,245 25 


$83,704 52 


$2,518,101 41- 







Commissioner of Agriculture. 



133 



The following table of production and total receipts from all 
■oleomargarine sources for each fiscal year since November 1, 
1886, the date the Oleomargarine Law took effect, is interesting 
as showing the extent of operations in the country: 





Total produc- 
tion, pounds. 


Amount 
received. 


On band Novemb 


er 1, 
year 
iber 1 


1886 


181,090 

21,513,537 
34,325,527 
35,664,026 
32,324,032 
44,392.409 
48,364,155 
67,224.298 
69,622,246 
56.958,105 
50,853,234 
45,531,207 
57,516,136 
83,130,474 
107,045,028 
104,943,856 

$859,589,360 






, 1886) 




1887 (from Noven 


$723,918 04 


1888 




864,139 88 


1889 


894,247 91 


1890 


786,291 72 


1891 


1,077,924 14 


1892 


1,266,326 00 
I.6T0 643 50 


1893 


1894 


1,723,478 90 


1895 


1,409,211 18 


1896 


1,219,432 46 
1,034,129 60 


1897 


1898 


1,315,708 54 


1899 


1,956,618 56 


1900 


2,543,785 18 
2.518,101 44 


1901 










Total 


$21,003,988 05 





Monthly Average Price of Butter. 



1900. 

November 

December 

Average, 2 months . 

1901. 

January 

February 

March 

April 

May 

June 

July 

August , 

September , 

October , 

Average, 10 months 



Extra fresh. 



25 
25* 



25i 



22J 

22* 

22} 

21 

19 

194 

19| 

20$ 

21 

22 



21 



tubs. 



held. 



22| 
225 



22r 9 5 



20§ 
19{ 

19! 
16* 
14* 
14* 



21| 
21* 



m 



22| 
21* 



23 T 



20} 

20* 

21 

19| 

18 

18* 

18f 

18* 

19* 

20* 



19* 



Best 
firkins. 



18* 
18A 



17* 

15 

H* 



15* 



134 



Ninth Annual Report op the 



Monthly Average Price of Butter — (Continued). 



1&00. 

November 

December 

Average, 2 months. 

1901. 

Jan nary 

February 

M arch 

April 

May 

June 

July 

August 

Septem ber 

October 

Average, 10 months 



Best 
imitation 
creamery. 



18 
19 



17* 
17} 

w 

17} 

16} 

l«i 

16ft 

161 

17 

17ft 



17J 



Factory. 



Fresh. Held 



141 
14* 



13? 

14ft 
13ft 
13ft 
14ft 
15ft 
14« 
14ft 

m 

i*A 



15f 
14ft 

15* 



131 

13ft 
121 
12i 
12} 
13J 



15ft 
15ft 
15ft^ 



Monthly Average Price of Cheese. 



1900. 

November 

December 

bike h 

Average, 2 months 

1901. 

January 

Febrnar v 

March 

April 

May 

June 

July 

August 

September 

October 

Average, 10 months — .... 



White. 



Large. 



10* 
lift 



"A 



US 

m 
114 

10| 
8ft 

H 

9ft 
9ft 
9* 
9ft 



Q 9 

"TO 



Small. 



11 

HI 



11? 



HI 

12 
12J 
12 
8j 

9ft 

»ft 

9« 

10ft 

10A 



Colored. 



Large. 



10| 
lift 



11* 



US 
US 
Hi 
lift 

H 
9 

9ft 
9? 
9* 



9J§ 



Small. 



11 
11* 

"Ha 



ii* 

12ft 

12ft 

12ft 

** 

9ft 
9ft 
9f 
9| 
10i 



10ft 



Commissioner of Agriculture. 



135 



Receipts from November 1, 1899, to October 31, 1900. 



1899. 
November 
December 

1900. 
January . . 
February . 
March 

April 

May 

June 

July 

August .. 
September 
October... 

Year.. 



Butter in Packages. 



Eastern. 



17,106 
12,238 

11,229 
8,620 
12,180 
14,252 
20,235 
24,588 
16,797 
14,905 
13,605 
14,235 



179,990 



"Western. 



92,146 
92,428 

127,147 
107,912 
126,683 
131,122 
167,909 
252,119 
232,608 
173,364 
131,506 
136,600 



1,771,544 



Cheese in Boxes. 



Eastern. 



86,051 
76,842 

44,648 

29,662 

38,467 

66,323 

99,943 

174,307 

185,688 

151,006 

119,669 

128,335 



1,200,941 



"Western. 



11,097 
12,037 

10,516 
9,451 
17,296 
17,727 
17,071 
22,061 
21,873 
18,775 
12,598 
21,094 



193,190 



Receipts from November 1, 1900, to October 31, 1901. 



1900. 
November 
December 

1901. 
January . . 
February. 

March 

April 

May 

Jane 

July 

August... 
September 
October... 

Tear.. 



Butteb in Packages. Cheese in Boxes 



Eastern. 



187,471 



Western. 



15,303 


104,982 


13,275 


123,900 


11,419 


143,854 


9,969 


139,083 


12,399 


131,700 


15,997 


131,774 


18,250 


166,974 


20,774 


256,496 


16,756 


237,019 


17,035 


154,418 


14,497 


144,692 


21,797 


132,490 



1,867,283 



Eastern. 



103,902 
85,815 

47,920 

39,728 

33,457 

53,578 

102,397 

144,903 

185,761 

149,975 

119,904 

129,823 



1,197,163 



Western. 



16,663 
13,301 

10,896 

6,342 

8,646 

9,910 

11,599 

21,265 

21,088 

18,344 

17,521 

18,280 



173,855 



L36 



Ninth Annual Report of the 



Exports of Butter in Pounds. 



1899. 
November 
December 

1900. 
January . . 
February . 

March 

April 

May 

June 

July 

August ... 
September 
October . . . 

Sear .. 

1900. 
November 
December , 

1901. 
January .. 
February . 

March 

April 

Way 

June 

July 

August ... 
September 
October ... 

Tear . . 



Port of New York. 



454,550 
417,586 

293,259 

244,541 

298,777 

418,529 

407,533 

683,842 

1,372,828 

2,793,986 

l,110,2c7 

790,333 



9,285,991 



617,312 
654,523 

1,937,377 
2,709,709 
1,697,821 
1,018,552 

884,169 
1,648,195 
1,352,157 
1,187,487 

903,466 
1,202,864 



15,833,623 



All ports. 



618,786 
493,861 

356,542 

308,621 

467,064 

567,794 

467,387 

942,199 

1,735,881 

3,758,115 

1,349,806 

963,379 

12,029,435 



801,671 
931,023 

2,398,141 
3,325,060 
2,184,554 
1,299,775 
1,567,941 
2,333,296 
2,643,564 
1,732,760 
1,440,850 
1,624,434 

22,283,069 



Exports of Cheese in Pounds. 



1899. 
November. 
December. 

1900. 
Jannary .. 
February . 

March 

Apiil 

May 

June 

July 

August . .. 
September 
October ... 

Tear . 

1900. 
November 
December. 

1901. 
January .. 
February . 

March 

April 

M ay 

June 

July 

August . .. 
September 
October... 

Tear . 



Port of New Tork. 



654,974 
1,399,524 

1,159,409 
1,554,000 
1,311,587 
3,020,667 
4,726,394 
6,273,156 
4,133,184 
2,995,217 
1,908,828 
1,700,530 

30,837,470 



1,983.298 
1,352,560 

1,200,409 
1,456,978 
617,253 
567,675 
2,615,700 
3.095,493 
2,645,558 
2,255,792 
1,593,129 
1,495,908 



20,879,753 



All ports. 



966,503 
1,646,756 

1,353,990 
2,000,621 
1,222,967 
3,493,166 
7,228,139 
11,356,765 
8,009,070 
5,871,865 
4,737,124 
2,938,827 

50,825,783 



2,346,184 
1,609,537 

1,324,526 
1,571,464 
701,192 
623,614 
3,835,928 
5.541,336 
4,660,245 
4,282,034 
3,104.690 
2,538,755 

32,139,505 



Commissioner of Agriculture. 



137 



Exports of Oleomwgarme in Pounds. 



1899. 
November 
December. 

1900. 
January .. 
February . 

March 

April 

May 

June 

July 

August ... 
September 
October . . . 

Tear . . 

1900. 
November. 
December . 

1901. 
January .. 
February . 
March .... 

April 

May 

June 

July 

August ... 
September 
October ... 

Year . . 



Port of New York. 



233,322 
243,470 

193.912 
213,613 
340,962 
219,714 
285,131 
288,365 
239,268 
217,277 
280,752 
253,804 



3,009,590 



275,570 
342,966 

287,180 
297,708 
251 759 
293; 736 
318,503 
371,023 
351,579 
332,736 
207,596 
260,617 



3,590,973 



All ports. 



431,050 
247,863 

277,107 
239,295 
377,222 
224,822 
308,451 
422.243 
274,188 
436,653 
314,269 
268,660 



3,821,823 



313,048 
414,785 

388,733 
649,495 
343,832 
605,198 
545,992 
379,391 
387,122 
343,662 
391,668 
329,187 



5,092,113 



Receipts and Value of Butter Handled in New York City for Twenty 
Years, Ending October 31, 1901. 

FOR THE YEAR ENDING OCTOBER 31, 1882. 

Eastern, 44,215,900 pounds, valued at 29| cents 

per pound $13,043,717 05 

Western, 35,648,850 pounds, valued at 28 cents 
per pound 9,981,678 00 

Total, 79,864,840 pounds, valued at $23,025,395 05 

FOR THE YEAR ENDING OCTOBER 31, 1883. 
Eastern, 4,804,060 pounds, valued at 26 cents per 

pound $11,649,055 60 

Western, 45,743,850 pounds, valued at 26 cents 

per pound 10,978,524 00 

Total, 90,547,910 pounds, valued at $22,627,579 60 



138 Ninth Annual Report of the 

FOR THE YEAR ENDING OCTOBER 31, 1884. 

Eastern, 38,263,820 pounds, valued at 24$ cents 
per pound $9,374,635 90 

Western, 49,853,350 pounds, valued at 24£ cents 

per pound 10,967,737 00 

Total, 80,117,170 pounds, valued at $20,342,372 90 

i . . 

FOR THE YEAR ENDING OCTOBER 31, 1885. 

Eastern, 39,480,350 pounds, valued at 22 cents 

per pound $8,685,677 90 

Western, 54,086,500 pounds, valued at 22 cents 

per pound 10,817,300 00 

Total, 93,566,850 pounds, valued at $19,502,977 00 

FOR THE YEAR ENDING OCTOBER 31, 1886. 

Eastern, 38,985,520 pounds, valued at 23£ cents 
per pound $9,161,597 20 

Western, 54,716,000 pounds, valued at 21£ cents 

per pound 11,763,940 00 

Total, 93,701,520 pounds, valued at $20,925,537 20 

Deduct value of product handled in 1885 19,502,977 00 

Total $1,422,560 20 

Deduct value of increased receipts over 1885 28,954 05 

Net gain on same amount of receipts of butter 

over 1885 $1,393,606 15 

Total value of milk and cream handled in 
New York for the year ending October 31, 
1886 $8,160,750 00 






Commissioner op Agriculture. 139 

FOR THE YEAR ENDING OCTOBER 31, 1887. 

Eastern, 37,062,130 pounds, valued at 24 cents 

per pound $8,894,911 20 

Western, 56,650,350 pounds, valued at 22 cents 

per pound 12,463,077 00 

Total, 93,712,480 pounds, valued at $21,357,988 20 

Milk and Cream. 
Value of milk and cream 9,499,900 00 

Total value of butter, milk and cream $30,857,888 20 

Deduct value of butter, milk and cream han- 
dled in 1886 29,086,287 20 

Net gain in 1887 over 1886 $1,771,601 00 

Add net gain in cheese of 1887 over 1886 687,843 00 

Total net gain on butter, cheese, milk and 
cream handled in New York in 1887 over 
1886 $2,459,444 00 



' c 



IFOR THE YEAR ENDING OCTOBER 31, 1888, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 31,784,410 pounds, valued at 24£ cents 

per pound $7,787,180 45 

Western, 63,457,950 pounds, valued at 22J cents 

j>er pound 14,278,038 85 

Total of butter handled $22,065,219 30 

> 

Cheese. 

Eastern, 98,877,955 pounds, valued at 10| cents 

per pound $10,362,185 27 

Western, 3,636,360 pounds, valued at 8£ cents 
per pound 309,167 10 



140 Ninth Annual Report of the 

In transit for export, 7,636,850 pounds, valued at 
10 cents per pound $763,685 00 

Total, 110,152,065 pounds, valued at $11,455,037 37 

Milk and Cream. 

Crude, gallons 58,678,360 

Cream, gallons 1,191,940 

Condensed milk (Pearl), gallons 71,830 

Total (valued at $9,652,500), gallons 60,622,160 

Total value of butter handled $22,065,219 30 

Total value of cheese handled 11,455,037 37 

Total value of milk and cream handled 9,652,500 00 

Total $43,172,756 67 



FOR THE YEAR ENDING OCTOBER 31, 1889, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 30,626,610 pounds, valued at 23 cents 

per pound $7,024,120 30 

Western, 77,820,650 pounds, valued at 21 cents 

per pound 16,342,336 50 

Total, 108,447,860 pounds, valued at $23,366,456 80 

Cheese. 

Eastern, 101,712,655 pounds, valued at 10 cents 

per pound $10,171,265 50 

Western, 3,660,120 pounds, valued at 9 cents per 

pound 329,41(1 80 

Total, 105,373,755 pounds, valued at $10,500,676 30 

Milk and Cream. 

Crude, gallons 64,213,870 

Crude, gallons sold to condensers 15,000,000 



Commissioner of Agriculture. 141 

Cream, gallons 1,322,840 

Condensed milk, gallons (unsweetened) 766,070 

Total (valued at f 11,675,500) gallons 81,302,780 

Total value of butter handled $23,386,456 80 

Total value of cheese handled 10,500,676 30 

Total value of milk, cream and condensed milk 

handled 11,675,500 00 

Total $45,562,633 10 



FOR THE YEAR ENDING OCTOBER 31, 1890, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 26,560,660 pounds, valued at 20 cents 

per pound $5,312,132 00 

Western, 71,094,500 pounds, valued at 18 cents 

per pound 12,797,010 00 

Total, 97,655,160 pounds, valued at $18,109,142 00 

Cheese. 

Eastern, 102,118,115 pounds, valued at 9| cents 

per pound $9,956,516 22 

Western, 3,483,090 pounds, valued at 8 cents per 

pound 278,647 20 

Total, 105,601,205 pounds, valued at $10,235,163 42 

Milk and Cream. 

Crude, gallons r _ 62,852,940 

Crude, gallons sold to condensers 16,500,000 

Cream, gallons 1,373,220 

Condensed milk, gallons (unsweetened) 693,670 

Total (valued at $12,085,000) gallons 81,419,830 



142 Ninth Annual Report op the 

Total value of butter handled . . $18,109,142 00* 

Total value of cheese handled 10,235,163 42* 

Total value of milk, cream and condensed milk 

handled 12,085,000 00 

Total $40,429,305 42: 



FOR THE YEAR ENDING OCTOBER 31, 1891, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 395,301 packages of 70 pounds (average) 
27,671,070 pounds, valued at 21 cents per 
pound $6,364,346 10' 

Western, 1,408,324 packages of 50 pounds (aver- 
age), 27,671,070 pounds, valued at 21 cents per 
pound 14,787,402 Oft 

Total pounds, 98,087,870, valued at $21,151,748 10 



c=r 



Cheese. 



Eastern, 86,958,200 pounds, valued at 10 cents 

per pound $8,695,820 00' 

Western, 3,331,950 pounds, valued at 9 cents per 

pound 299,875 50' 

Total pounds, 90,290,150, valued at $8,995,695 50 

Milk and Cream. 

Crude, gallons 63,057,660 

Crude, gallons sold to condensers 17,500,000 

Cream, gallons 1,441,930 

Condensed milk, gallons (unsweetened) 699,890 

Total (valued at $14,128,677) gallons 82,699,480 



Commissioner of Agriculture. 143 

Total value of butter handled $21,151,748 10 

Total value of cheese handled 8,995,696 50 

Total value of milk, cream and condensed milk 

handled 14,128,677 00 

Total $44,276,121 60 

FOR THE YEAR ENDING OCTOBER 31, 1892, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 414,765 packages of 70 pounds (average), 
29,032,930 pounds, valued at 24 cents per pound . $6,967,900 00 

Western, 1,248,412 packages of 50 pounds (aver- 
age), 62,420,600 pounds, valued at 24 cents per 
pound 13,732,532 80 

Total pounds, 91,453,520, value $20,700,432 80 

: — r i ~= 

Cheese. 

Eastern, 91,033,950 pounds, valued at 11 cents 

per pound $10,013,734 50 

Western, 4,756,510 pounds, valued at 10 cents 

per pound . . 473,651 00 

Total pounds, 93,770,310, valued at $10,487,385 50 

I : . =: 

Milk and Cream. 
Crude, gallons 70,403,420 

Crude, gallons sold to condensers 18,000,000 

Cream, gallons 1,826,890 

Condensed milk (unsweetened), gallons 616,900 

Total (valued at $15,116,668.72) gallons 90,847,210 

Total value of butter handled $20,700,432 80 

Total value of cheese handled 10,487,385 50 

Total value of milk, cream and condensed milk 

handled 15,116,668 72 

Total $46,304,487 02 



144 Ninth Annual Report of the 

FOR THE YEAR ENDING OCTOBER 31, 1893, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 430,387 packages of 70 pounds (average), 
30,126,460 pounds $7,531,615 00 

Western, 1,184,708 packages of 50 pounds (aver- 
age), 59,235,400 pounds, valued at 23 cents per 
pound 13,624,042 00 

Total pounds, 89,361,860, valued at $21,155,657 00 

Cheese. 

Eastern, 87,380,645 pounds, valued at 11 cents 

per pound $9,611,870 95 

Western, 4,565,205 pounds, valued at 10 cents 

per pound 456,520 50 

i 

Total pounds, 91,945,850, valued at $10,068,391 45 

Milk and Cream. 

Crude, gallons 72,460,500 

Crude, gallons sold to condensers 18,000,000 

Cream, gallons 2,037,400 

Condensed milk (unsweetened), gallons 537,850 

Total (valued at $16,249,854.50) gallons 93,035,750 

Total value of butter handled $21,155,657 00 

Total value of cheese handled 10,068,391 45 

Total value of milk, cream and condensed milk 

handled 16,249,854 50 



Total $47,473,902 95 



Commissioner of Agriculture. 145 

FOR THE YEAR ENDING OCTOBER 31, 1894, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 341,705 packages of 70 pounds (average), 
23,719,350 pounds, valued at 23 cents per 
pound $5,501,450 50 

Western, 1,372,565 packages of 50 pounds (aver- 
age), 88,628,150 pounds, valued at 21 cents per 
pound 14,411,911 50 



Total pounds, 92,548,500, valued at $19,913,362 00 

Cheese. 

Eastern, 80,671,755 pounds, valued at 10 cents 

per pound $8,067,175 50 

Western, 6,384,550 pounds, valued at 9 cents per 

pound 574,609 50 

Total pounds, 87,533,905, valued at $8,641,785 00 

Milk and Cream. 

Crude, gallons 74,172,560 

Crude, gallons sold to condensers 18,000,000 

Cream, gallons 2,043,750 

Condensed milk (unsweetened), gallons 633,870 

Total (valued at $16,107,648) gallons 94,850,180 

,i ■ ' = 

Total value of butter handled $19,913,362 00 

Total value of cheese handled 8,641,785 00 

Total value of milk, cream and condensed milk 

handled 16,107,648 00 

Total. . . $44,662,795 00 

10 



146 Ninth Annual Report of the 

FOR THE YEAR ENDING OCTOBER 31, 1895, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 26,742 packages of 70 pounds (average), 
18,601,940 pounds, valued at 20 cents per 
pound 13,720,388 00- 

Western, 1,522,881 packages of 50 pounds (aver- 
age), 76,144,050 pounds, valued at 19 cents per 
pound 14,467,369 50- 

Total, 94,745,990 pounds, valued at $18,187,757 5a 

Cheese. 

Eastern, 61,255,920 pounds, valued at 9| cents 
per pound $5,819,183 90* 

Western, 5,977,500 pounds, valued at 8£ cents per 

pound 508,087 50- 

Total value $6,327,271 40- 

; — i ■ ■ 

Milk and Cream. 

Crude, quarts 309,643,600 

Crude, quarts sold to condensers 72,000,000^ 

Cream, quarts 8,885,04a 

Condensed milk (unsweetened), quarts 2,974,440 

Total (valued at $16,778,823.49) quarts 393,503,080 

Total value of butter handled $18,187,757 50 

Total value of cheese handled 6,327,271 40 

Total value of milk, cream and condensed milk 

handled 16,778,823 49 

Total $41,293,852 39- 



Commissioner of Agriculture. 147 

FOR THE YEAR ENDING OCTOBER 31, 1896, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 236,309 packages of 70 pounds (average), 
16,541,630 pounds, valued at 18 cents per 
pound $2,977,493 40) 

Western, 1,645,017 packages of 50 pounds (aver- 
age), 96,150,850 pounds, valued at 18 cents per 
pound 16,345,644 50 

Total, 11,692,480 pounds, valued at $19,323,137 90 

Cheese. 

Eastern, 59,133,120 pounds, valued at 9£ cents 
per pound $5,617,645 40 

Western, 5,588,520 pounds, valued at 8£ cents 

per pound 475,024 20 

Total, 64,721,640 pounds, valued at $6,092,669 60 

Milk and Cream. 

Crude, quarts 316,111,280 

Crude, quarts sold to condensers 75,000,000 

Cream, quarts 8,859,440 

Condensed milk (unsweetened), quarts 3,205,960 

Total (valued at $15,781,881.20) quarts 403,176,680 

Total value of butter handled $19,493,137 90 

Total value of cheese handled 6,092,669 60 

Total value of milk, cream and condensed milk 

handled , . . 15,781,881 20 

Total $41,367,688 70 



148 Ninth Annual Report of the 

FOR THE YEAR ENDING OCTOBER 31, 1897, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 209,808 packages of 70 pounds (average), 
14,686,560 pounds, valued at 18 cents per 

pound $2,642,580 80 

Western, 1,964,675 packages of 50 pounds (aver- 
age), 98,233,750 pounds, valued at 17 cents per 
pound 16,699,737 50 



Total, 112,920,310 pounds, valued at $19,342,318 20 



Cheese. 

Eastern, 66,598,300 pounds, valued at 10 cents 

per pound $6,659,830 00 

Western, 5,699,080 pounds, valued at 9 cents per 

pound 512,917 20 

Total, 72,297,380 pounds, valued at $7,172,747 20 

Milk and Cream. 

Crude, quarts 328,795,480 

Crude, quarts sold to condensers 75,000,000 

Cream, quarts 9,331,840 

Condensed milk (unsweetened), quarts 2.406,920 

Total (valued at $15,972,841.42) quarts 415,534,240 

Total value of butter handled $19,342,318 30 

Total value of cheese handled 7,172,747 20 

Total value of milk, cream and condensed milk 

handled 15,872,906 92 

Total $42,387,972 42 



Commissioner of Agriculture. 149 

FOR THE YEAR ENDING OCTOBER 31, 1898, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 220,313 packages of TO pounds (average), 
15,421,910, valued at 19 cents per pound f 2,930,162 90 

Western, 1,748,682 packages of 50 pounds (aver- 
age), 87,434,100 pounds, valued at 18 cents per 
pound 15,738,138 00 

Total, 102,856,010 pounds, valued at f 18,668,300 90 

Cheese. 

Eastern, 66,812,700 pounds, valued at 8 cents per 
pound $5,345,016 00 

Western, 4,072,320 pounds, valued at 7 cents per 

pound 285,062 40 

Total, 70,885,020 pounds, valued at $5,630,078 40 

Milk and Cream. 

Crude, quarts 349,545,000 

Crude, quarts sold to condensers 80,000,000 

Cream, quarts 10,630,440 

Condensed milk (unsweetened), quarts 3,146,760 

Total (valued at $17,458,769.46) quarts 443,322,200 

Total value of butter handled $18,668,300 90 

Total value of cheese handled 5,630,078 40 

Total value of milk, cream and condensed milk 

handled 17,458,769 46 

Total $41,757,148 76 



150 Ninth Annual Report of the 

FOR THE YEAR ENDING OCTOBER 31, 1899, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 217,299 packages of 70 pounds (average), 

15,210,930 pounds, valued at 18 cents per pound $2,737,967 40 

Western, 1,773,075 packages of 50 pounds (aver- 
age), 88,653,750 pounds, valued at 19 cents per 
pound 16,844,212 50 

Total, 103,864,680 pounds, valued at $19,582,179 90 



Cheese. 

Eastern, 58,773,330 pounds, valued at 10 cents 

per pound $5,877,333 00 

Western, 5,310,560 pounds, valued at 9 cents per 

pound 477,950 40 

Total, 64,083,890 pounds, valued at $6,355,283 40 

Milk and Cream. 

Crude, quarts 363,070,760 

Crude, quarts sold to condensers 84,800,000 

Cream, quarts 12,734,800 

Condensed milk (unsweetened), quarts 3,330,360 

Total (valued at $18,370,317) quarts 463,935,920 



i i 



Total value of butter handled $19,582,179 90 

Total value of cheese handled 6,355,283 40 

Total value of milk, cream and condensed milk 

handled 18,370,317 00 

Total $44,307,780 30 



Commissioner of Agriculture. 151 

FOR THE YEAR ENDING OCTOBER 31, 1900, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 179,990 packages of 60 pounds (average), 
10,799,400 pounds, valued at 20£ cents per 
pound $2,213,877 00 

Western, 1,771,544 packages of 60 pounds (aver- 
age), 106,292,640 pounds, valued at 20£ cents 
per pound 21,789,991 20 

Total, 117,092,040 pounds, valued at $24,003,868 20 

Cheese. 

Eastern, 66,051,755 pounds, valued at 11 cents per 

pound $7,265,693 05 

Western, 7,727,840 pounds, valued at 10 cents per 

pound 772,784 00 

Total, 73,779,595 pounds, valued at $8,038,477 05 

Milk and Cream. 

Crude, quarts • 371,447,800 

Crude, sold to condensers, quarts 87,344,000 

Cream and condensed milk (unsweetened), quarts 16,998,520 

Total (valued at $20,594,530) quarts 475,790,320 

Total value of butter handled $24,003,868 20 

Total value of cheese handled 8,038,477 05 

Total value of milk, cream and condensed milk 

handled 20,594,530 00 

Total $52,636,875 25 






152 Ninth Annual Keport of the 

FOR THE YEAR ENDING OCTOBER 31, 1901, (Dairy Prod- 
ucts). 

Butter. 

Eastern, 187,471 packages of 60 pounds (average), 
11,248,260 pounds, valued at 19£ cents per 
pound $2,193,410 70 

Western, 1,867,382 packages of 50 pounds (aver- 
age), 93,369,100 pounds, valued at 19£ cents per 
pound 18,206,974 50 

Total, 104,617,360 pounds, valued at $20,400,385 20 

Cheese 1 . 

Eastern, 65,843,965 pounds, valued at 10| cents 
per pound $6,913,616 32 

Western, 6,954,200 pounds, valued at 10 cents 
per pound 695,420 00 

Total, 72,798,165 pounds, valued at $7,609,036 32 

Milk. 

Cans of crude milk of 40 quarts each 9,621,572 

Cans of cream and unsweetened condensed milk 
of forty quarts each 449.332 



There is also produced within the State of New York and 
sold during the year to condensers, most of which reaches the 
New York market, estimated to be not less than 2,249,108 cans 
of 40 quarts each. 

Value of crude milk handled $13,662,632 24 

Value of cream and unsweetened condensed milk 

handled 3,030,744 34 

Value of crude milk sold to condensers 3,193,733 36 

Total value $19,887,109 94 



Commissioner of Agriculture. 153 

Total value of butter handled 120,400,385 20 

Total value of cheese handled 7,609,036 32 

Total value of dairy products handled during the 

year 1901 47,896,531 46 

Total value of dairy products handled during the 

year 1900 52,636,875 25 

Total decrease in value of dairy products handled 

compared with 1900 4,740,343 79 



The following statistics, giving the value of Eastern dairy 
products handled in New York city for the past twelve years, 
show an increase in value annually from 1890 to 1895, and a 
decrease in 1894, 1895, 1896 and 1897, and an increase in 1898, 
3899, 1900, and decrease in 1901: 

TOTAL YEARLY VALUE OF PRODUCTS HANDLED, 

1890-1901. 

Eastern*. 

1890 -127,351,657 22 

1891 29,189,943 10 

1892 32,148,404 92 

1893 33,392,740 45 

1894 29,676,274 00 

1895 26,318,395 39 

1896 24,377,020 00 

1897 25,175,252 22 

1898 25,733,938 36 

1899 26,985,617 40 

1900 30,074,100 05 

1901 28,994,136 96 

Western. 

1890 113,075,657 20 

1891 15,087,277 50 

1892 14,206,083 0Q 

1893 14,080,562 50 



154 



Ninth Annual Report of the 



1894 $14,986,521 00 

1895 16,975,456 50 

1896 16,990,668 70 

1897 16,699,732 50 

1898 16,023,200 40 

1899 17,322,162 90 

1900 22,562,775 20 

1901 18,902,394 20 



Exports of Butter and Cheese. 

The following statistics, taken from the records of the New 
York Mercantile Exchange, show the exports of butter and 
cheese each year since November 1, 1883: 



Butter. 



From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 



the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
the port of 
all ports in 
all ports in 



New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
New York 
the United 



1883. 
1884. 
1885. 
1886. 
1887. 
1888. 
1889. 
1890. 
1891. 
1892. 
1893. 
1894. 
1895. 
1896. 
1897. 
1898. 
1899. 
1900. 
1901. 



States, 1883. 



the United States, 1884. 



Pounds. 

18,811,400 

15,865,600 

14,601,550 

11,677,750 

9,933,400 

7,000,650 

19,941,176 

20,623,534 

11,115,505 

9,083,478 

5,336,449 

8,288,670 

11,133,747 

18,540,091 

25,757,263 

8,646,282 

19,106,563 

9,285,991 

15,833,632 

22,375,708 

21,391,196 



Commissioner of Agriculture. 



155 



From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 
From all ports 



n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 
n the United 



States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 
States, 



1885. 
1886. 
1887. 
1888. 
1889. 
1890. 
1891. 
1892. 
1893. 
1894. 
1895. 
1896. 
1897. 
1898. 
1899. 
1900. 
1901. 



Cheese. 



From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 



the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 
the port 



of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 
of New York 



1883. 
1884. 
1885. 
1886. 
1887. 
1888. 
1889. 
1890. 
1891. 
1892. 
1893. 
1894. 
1895. 
1896. 
1897. 
1898. 



Pounds. 

19,593,872 
14,404,727 
12,531,171 

8,749,366 
25,983,054 
23,895,914 
14,970,538 
11,351,250 

6,837,289 
10,231,417 
13,935,017 
23,335,729 
35,631,967 
13,160,296 
28,064,780 
12,029,435 
22,283,069 

Pounds. 

97,897,850 
96,634,256 
82,934,750 
78,763,400 
72,529,500 
75,840,700 
75,046,32S 
70,208,270 
61,299,205- 
67,432,651 
53,293,060 
52,903,719 
30,692,702 
25,947,401 
42,514,776 
24,180,428 



15G 



Ninth Annual Report of the 



From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 
From 



the port of 
the port of 
the port of 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 
all ports in 



New York, 
New York, 
New York, 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 
the United 



1890 . . 
1900 . . 
1901.. 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 
States 



1883. 
1881. 
1885. 
1886. 
1887. 
1888. 
1889. 
1890. 
1891. 
1892. 
1893. 
1891. 
1895. 
1896. 
1897. 
1898. 
1899. 
1900. 
1901. 



Pounds. 

18,613,181 
30,837,470 
20,879,753 
111,973,140 
111,950,686 
95,017,213 
86,636,685 
87,069,804 
81,595,304 
98,140,486 
91,014,571 
77,148,794 
81,589,361 
67,925,712 
68,607,186 
40,610,212 
37,515,798 
61,176,207 
39,396,810 
35,396,810 
50,825,783 
32,139,505 



The total receipts of cheese in the city of New York during 
the year ending October 31, 1898, were 88,488,380 pounds, of 
which 42,514,776 pounds were exported, leaving for home trade 
45,953,604 pounds, being 8,865,699 pounds more than the previous 
year for home consumption. 

The total receipts of cheese in the city of New York during 
the year ending October 31, 1898, were 70,886,020 pounds, of 
which 24,180,428 pounds were exported, leaving for home trade 
46,704,592 pounds, being 750,988 pounds more than the previous 
year for home consumption. 

The total receipts of cheese in the city of New York during 
the year ending October 31, 1899, were 64,085,890 pounds, of 
which 18,613,484 pounds were exported, leaving for home trade 



Commissioner op Agriculture. 



157 



45,470,406 pounds, being 1,234,186 pounds less for our home trade 
than the previous year. 

The total receipts of cheese in the city of New York during 
the year ending October 31, 1900, were 73,779,595 pounds, of 
which 30,837,470 pounds were exported, leaving for home trade 
42,942,125 pounds, being 2,528,281 pounds less for home trade 
than the previous year. 

The total receipts of cheese in the city of New York during 
the year ending October 31, 1891, were 72,798,165 pounds, of 
which 20,879,753 pounds were exported, leaving for home trade 
51,918,412 pounds, being 8,976,287 pounds more for home trade 
than the previous year. 

SERVICES— VINEGAR. 



INSPECTOR. 



Henry H. Kracke. 

John McGuire 

Arch. D. Clark... 

J. M. Esmay 

Charles Sears 

William J. Gentes 



Number 


Number 


Estimated 


of 


of 


miles 


days. 


inspections. 


traveled. 


8 


835 


320 


15 


1,125 


610 


15 


1,300 


795 


25 


1,465 


1,000 


22 


1,930 


1,050 


15 


1,020 


800 



SERVICES-MILK. 



INSPECTOR. 



Charles Sears 

J. M. Esmay 

Arch. D. Clark ... 
Henry H. Kracke 

John McGuire 

AVilliam J. Gentes 



Number 


Cans 
inspected. 


Estimated 


of 
days. 


miles 
traveled. 


70 


21,240 


3,650 


50 


21,120 


4 550 


61 


20,630 


4,110 


65 


19,190 


4,500 


65 


20,830 


4,020 


55 


21,990 


4,700 



SERVICES-OLEOMARGARINE. 



INSPECTOR. 



Henry H. Kracke 
John McGuire.... 

J. M. Esmay 

Arch. D. Clark... 

Charles Sears 

William J. Gentes 



Number 

of 

days. 



232 
220 
230 
209 
211 
235 



Samples 
purchased 
and taken. 



538 
512 
530 
505 
490 
536 



Estimated 

miles 
traveled. 



8,510 
8,406 
7,680 
7,070 
7,820 
7,200 



158 



Ninth Annual Report of the 



ANALYSES-VINEGAR. 



ANALYZER. 


Samples 
analyzed. 


Appearances 
in cases. 


Days in 
court. 


Edward G. Love, Ph.C 


7 
11 






Joseph F. Geisler, Ph.C 


i 


1 







ANALYSES-MILK. 



ANALYZER. 



Edward G. Love, Ph.C 
Joseph F. Geisler, Ph.C. 



Sample* 
analyzed. 



44 

22 



Appearances 
in cases. 



18 
13 



Days in 
court. 



18 
8 



ANALYSES-OLEOMARGARINE. 



ANALYZER. 



Edward G. Love, Ph.C. 
Joseph F. Geisler, Ph.C. 



Samples 
analyzed. 



69 
82 



Appearances 
in cases. 



42 

47 



Days in 
court. 



35 
34 



ANALYSES-CONDENSED MILK. 



ANALYZER. 



Joseph F. Geisler, Ph.C- 



Samples 
analyzed. 



ANALYSES-MAPLE SYRUP. 



ANALYZER. 



Joseph F. Geisler, Ph.C. 



Samples 
analyzed. 



VINEGAR— SUMMARY OF WORK. 



Number of days in court, experts and chemists 9 

Number of days obtaining evidence 6 

Number of days on special duty 1 

Number of days inspecting retail stores 65 

Number of days inspecting wholesale stores and manufactories 19 

Total number of days 100 



Commissioner of Agriculture. 159 

Number of wholesale stores and manufactories inspected 108 

Number of barrels and casks of vinegar inspected 2,950 

Number of retail stores, vinegar inspected 2,980 

Number of barrels and casks of vinegar inspected 4,725 



Total number of vinegar inspections 7,670 



Number of samples purchased and taken 109 

Number of samples delivered to chemists 16 

Number of complaints made 15 

Number of appearances in cases 35 

Estimated number of miles traveled 4,575 

Number of analyses of samples of vinegar 17 

Number of civil penalty actions 2 

Number of civil penalties imposed 1 

Number of cases awaiting trial 1 

Number of cases disposed of 1 



SERVICES— LINSEED OIL. 
Arch. D. Clark: 

Total number of days 18 

Number of complaints made 13 

Number of appearances in cases 24 

Number of barrels and packages of oil inspected 44 

Estimated number of miles traveled 690 



SUMMARY OF WORK. 

Number of civil penalty actions 7 

Civil penalties imposed 2 

Cases disposed of 2 

Cases awaiting trial 5 



MILK— SUMMARY OF WORK. 

Number of days in court, experts and chemists 71 

Number of days obtaining evidence 35 

Number of days inspecting milk 254 

Number of days on special duty 21 

Number of days inspecting herds 11 



Total number of days 366 



Number of pedlers' milk inspected 2,047 

Number of cans inspected 10,520 

Number of dairies and creameries' milk inspected on delivery from railroads 

and steamboats 14 , 953 

Number of cans inspected 114,480 

Total cans inspected 125 , 000 

Number of inspection of stables 62 

Number of cows inspected 2,478 

Number of samples delivered to chemists 66 

Number of samples of milk and condensed milk taken ©7 

Number of complaints made, milk and condensed milk 74 

Number of appearances in cases « 223 

Estimated number of miles traveled 25,530 

Number of analyses of samples of milk 62 



160 Ninth Annual Report of the 

Number of cases prosecuted criminally 1 

Number of civil penalty actions 55 

Number of cases discontinued 1 

Number of cases dismissed on examination 1 

Number of convictions 1 

Number of civil penalties imposed 40 

Number of cases awaiting trial 14 

Number of cases disposed of 43 



OLEOMARGARINE— SUMMARY OP WORK. 

Number of days in court, experts and chemists 209 

Number of days obtaining evidence 35 

Number of days on special duty 55 

Number of days inspecting stores and bakeries 790 

Number of days visiting hotels, restaurants and boarding houses 317 



Total number of days l,[ 



Number of samples purchased and taken 3.111 

Number of samples delivered to chemist 1C5 

Number of evenings obtaining samples 174 

Number of complaints made 155 

Number of appearances in cases 7G0 

Number of stores and bakeries inspected 39,748 

Number of hotels, restaurants and boarding houses visited 5,444 

Estimated number of miles traveled 46.G86 

Number of samples of oleomargarine and butter samples 151 

Number of cases prosecuted criminally 32 

Number of civil penalty actions 58 

Number of cases disposed of 74 

Number of cases sentence suspended 3 

Number of civil penalties imposed 40 

Number of convictions 25 

Number of cases defendant absconded, criminal 5 

Number of cases awaiting trial 15 

Discontinued 3 

Bail forfeited 1 

Decision reserved 1 



Cases remaining September 30, 1900. 

The final result of prosecutions under the laws relating to 
oleomargarine, adulterated milk, vinegar and miscellaneous 
cases for the year ending September 30, 1901, were as follows: 

Oleomargarine cases 30 

Milk cases 17 

Vinegar cases 4 

Miscellaneous cases 6 

Oleomargarine cases prosecuted during the year ending September 30, 1901 90 

Milk cases prosecuted during the year ending September 30, 1901 57 

Vinegar cases prosecuted during the year ending September 30, 1901 2 

Miscellaneous cases prosecuted during the year ending September 30, 1901 24 

Total number of cases 230 



Commissioner of Agriculture. 



161 



Number of convictions 
Civil penalties imposed. 

Cases awaiting trial 

Decision reserved 

Bail forfeited 

Absconded 

Dismissed 

Discontinued 

Defendant deceased — 
Acquitted 











28 

ioe 

72 
1 
1 
5 
7 
9 
1 
1 



PROSECUTIONS— LINSEED OIL. 

Warrant 
Number issued or sum- Final 

of case. Court. mons served. disposition. 

11 Second District Municipal Court, Long Island City July 6, 1901 Pending. 

12 Second District Municipal Court, Newtown, L. I July 6, 1901 Pending. 

21 Second District Municipal Court, Newtown, L. I July G, 1901 Pending. 

24 First District Municipal Court, Long Island City July 19, 1901 Pending. 

14 Second District Municipal Court, Newtown, L. I July G, 1901 $100 and costs. 

16 Second District Municipal Court, Newtown, L. I July 6, 1901 Pending. 

27 First District Municipal Court, Long Island City July 15, 1901 Pending. 



PROSECUTIONS— VINEGAR. 



Number 
of case. 



Warrant 
issued or sum- 
mons served. 



Final 
disposition. 



Court. 

2468 Third District Municipal Court, New York City Sept. 1, 1901 Pending. 

931 Supreme Court, New York County Aug. 1, 1901 $100 and costs. 



Status and final disposition of vinegar cases iirevioushj reported. 



Case No. 


Court. 


Place. 


Remarks. 


2574 


Supreme 

Supreme 

Supreme — 
Supreme 




Discontinued. 


2623 
2608 


New York county 

Kings county 


Action discontinued November 10, 1900. on 
payment of $100 penalty and costs and per- 
manent injunction entered restraining the 
repetition of the offence. 

Action discontinued October 24, 1900, on pay- 
ment of civil penalty of $100 and costs. 

Case still pending. 


2614 









PROSECUTIONS— MILK. 

Warrant 
Number issued or sum- Final 

of case. Court. mons served. disposition. 

8G85 Supreme Court, New York County Aug. 1, 1901 Pending. 

8678 Sept. 20, 1901 Penalty, $50. 

8G76 First District Municipal Court, New York City Oct. 21, 1900 $100 and costs. 

8674 Supreme Court, Kings County Oct. 10, 1900 $80 and costs. 

87G8 Supreme Court, New York County Sept. 16, 1901 Pending. 

8785 Supreme Court, New York County $50 and costs. 

8695 Supreme Court, New York County Sept. 16, 1901 Pending. 

8730 Supreme Court, New York County Sept. 16, 1901 Pending. 

8G80 Sixth District Municipal Court, New York City Aug. 31, 1901 Pending. 

8715 Supreme Court, New York County Sept. 1G, 1901 Pending. 

11 



162 



Ninth Annual Report of the 



Warrant 
Number issued or sum- Final 

of case. Court. mons served. disposition. 

8740 Supreme Court, New York County Sept. 30, 1901 $100 and costs. 

8761 Fifth District Municipal Court, Brooklyn Aug. 2G, 1901 $200 and costs. 

8731 Supreme Court, New York County Sept. 17, 1901 Pending. 

8770 Supreme Court, New York County Sept. 30, 1901 Pending. 

8743 Seventh District Municipal Court, New York City.... Aug. 21, 1901 $100 and costs. 

8727 Supreme Court, Kings County Sept. 16, 1901 Pending. 

8686 Seventh District Municipal Court, New York City Aug. 20, 1901 Pending. 

8737 Supreme Court, New York County Sept. 16, 1901 Pending. 

8712 Sept. 30, 1901 Penalty, $50. 

8684 Seventh District Municipal Court, New York City Sept. 4, 1901 $100 and costs. 

8883 Supreme Court, New York County Oct. 29,1900 Pending. 

7647 Supreme Court, New York County Oct. 18,1900 $50 and costs. 

8756 Supreme Court, New York County Oct. 10,1900 Penalty, $100. 

8706 Tenth District Municipal Court, New York City Oct. 24, 1900 $100 and costs. 

8892 Supreme Court, New York County Oct. 6,1900 $50 and costs. 

8760 First District Municipal Court, Brooklyn Oct 16, 1900 $100 and costs. 

8895 Tenth District Municipal Court, New York City Oct. 24, 1900 $50 and costs. 

8679 Supreme Court, New York County Oct. 6, 1900 $50 and costs. 

8697 Nov. 21, 1900 Penalty, $60. 

8677 Surpeme Court, New York County Oct. 29,1900 $50 and costs. 

8669 First District Municipal Court, Brooklyn Oct. 28,1900 $100 and costs. 

8752 Supreme Court, New York County Oct. 20,1900 Penalty, $100. 

8698 Supreme Court, New York County Oct. 5,1900 $50 and cost«. 

8717 Sixth District City Magistrate's Court, New York City Dec. 3, 1900 Fined $50. 

8882 Supreme Court, New York County Oct. 5, 1900 $50 and costs. 

8757 Supreme Court, Kings County Oct. 5,1900 $50 and costs. 

8755 Supreme Court, New York County Oct. 5,1900 $50 and costs. 

8671 Dec. 1,1900 Penalty, $50. 

8738 Supreme Court, New York County Sept. 16, 1901 Pending. 

8739 Supreme Court, New York County Sept. 26, 1901 $90 and costs. 

8689 Second District Municipal Court, Brooklyn Nov. 28, 1900 Deceased. 

7673 Supreme Court, Kings County Oct. 4, 1900 Pending. 

8661 Supreme Court, New York County Oct. 12, 1900 $75 and costs. 

8683 Supreme Court, Kings County Oct. 24, 1900 $50 and costs. 

8759 Supreme Court, Kings County Oct. 18, 1900 $50 and costs. 

8896 Supreme Court, Kings County Oct. 6,1900 $50 and costs. 

8763 Supreme Court, New York County July 1, 1901 Penalty, $50. 

Total number of cases during the year 348 

Oleomargarine 132 

Milk B3 

Condensed milk 16 

i Q 

Vinegar ° 

Maple syrup *■ 

Bob veal 138 



Commissioner of Agriculture. 



163 



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164 



Ninth Annual Report of the 



PROSECUTIONS— OLEOMARGARINE. 



Number 

of case. 



Warrant 
issued or sum-! 
minis served. 



( lourt. 

2872 Third District Municipal Court, Brooklyn Nov. 15, 1900 

4624 Supreme Court, New York County Jan. 24,1901 

3269 Second District City Magistrate's Court, New York City Mar. 13, 1901 

2829 Second District City Magistrate's Court, Brooklyn Nov. 30, 1900 

4318 Second District City Magistrate's Court, New York City Mar. 29, 1901 

4337 County Court, Nassau County June 22, 1901 

4500 Supreme Court, New York County Jan. 30, 1901 

4578 Supreme Court, Kings County Feb. 8, 1901 

460G Supreme Court, Kings County Feb. 6,1901 

4622 Supreme Court, New York County Jan. 25, 1901 

4G04 Supreme Court, Kings County Mar. 1, laOl 

4559 Supreme Court, Kings County Feb. 20, 1901 

4739 Third District, Municipal Court, Brooklyn June 19, 1901 

2466 First District Municipal Court, New York City July 26, 1901 

4320 Supreme Court, New York County July 31, 1901 

4540 Third District Municipal Court, New York City June 19, 1901 

4594 Supreme Court, New York County Mar. 2G, 1901 

4571 First District City Magistrate's Court, Long Island City Feb. 12, 1901 

4614 Supreme Court, New York County July 22, 1901 

4619 Supreme Court, New York County Mar. 2, 1901 

4592 Second District Municipal Court, New York City May 27, 1901 

4563 First District City Magistrate's Court, Long Island City Jan. 11, 1901 

4309 First District City Magistrate's Court, New York City Mar. 18, 1901 

4357 Seventh District Municipal Court, New York City July 24, 1901 

!|?? J- Seventh District City Magistrate's Court, N. Y. City May 24, 1901 

4302 Supreme Court, New York County July 22, 1901 

^ j- Second District City Magistrate's Court, N. Y. City. May 17, 1901 

4351 Third District City Magistrate's Court, New York City May 16, 1901 

4565 Second District Municipal Court, Brooklyn June 20, 1901 

4646 Supreme Court, Kings County May 7, 1901 

4636 First District City Magistrate's Court, New York City Mar. 11, 1901 



4577 Supreme Court, New York County Feb. 2, 1901 

4476 Fourth District City Magistrate's Court, N. Y. City.. Jan. 10, 1901 

4640 District Municipal Court, New York City Mar. 2, 1901 

4599 Distirct Municipal Court, New York City Mar. 25, 1901 

4570 Supreme Court, Kings County Feb. 8,1901 

3326 Eighth District Municipal Court, New York City April 2, 1901 

4626 Supreme Court, Kings County Feb. 8, 1901 

4557 Seventh District City Magistrate's Court, N. Y. City.. Jan. 14, 1901 

4596 Supreme Court, New York County Feb. 2, 1901 

4615 Fourth District City Magistrate's Court, N. Y. City.. Jan. 10, 1901 

4477 District Municipal Court, Brooklyn 

4573 Supreme Court, Kings County April 3, 1901 

4612 FourtU District City Magistrate's Court, Brooklyn Mar. 6, 1901 

4455 Seventh District Municipal Court, New York City Oct. 11, 1900 

4620 Seventh District Municipal Court, New York City Dec. 28, 1900 

4483 

4610 Supreme Court, Nassau County Mar. 19, 1901 



Final 

ilisposit ii in. 

$50 and costs. 

$25 and costs. 
Fined $50. 
Fined $25. 
Suspended. 
Pending. 
Pending. 

$25 and costs. 
$100 and costs. 
Pending. 
Pending. 

$25 and costs. 
Pending. 
Pending. 
Pending. 
Pending. 
Pending. 
Fined $25. 
Pending. 
$100 and costs. 
Pending. 
Fined $150. 
Suspended. 
Pending. 

Pending. 

Pending. 

Pending. 

Fined $100. 
Decision re- 
served. 

$25 and costs. 

Fined $150 and 

3 months in 

city prison. 

$100 and costs. 

Absconded. 

$30 and costs. 
Paid costs. 

$25 and costs. 
Discontinued. 

$25 and costs. 
Fined $25. 
$100 and costs. 
Fined $50. 

$50 and costs. 
$100 and costs. 
Fined $L'O0. 

$25 and costs. 

$50 and costs. 
$25 and costs. 

$25 and costs. 



Commissioner of Agriculture. 



165 



Warrant 
Number issued or sum- Final 

of case. Court. mons served. disposition. 

4609 Supreme Court, New York County Jan. 28,1901 $50 and costs. 

4495 Supreme Court, Kings County Mar. 1, 1901 Discontinued. 

4475 District Municipal Court, Brooklyn Feb. 11,1901 Fined $75. 

4341 First District City Magistrate's Court, N. Y. City May 3, 1901 Suspended. 

^||g J- Second District City Magistrate's Court, N. Y. City.. April 11, 1901 Absconded. 

2927 Supreme Court, New York County Mar. 22, 1901 $25 and costs. 

4584 Tenth District Municipal Court, New York City Feb. 14, 1901 $25 and costs. 

2814 Seventh District Municipal Court, New York City Oct. 11, 1900 $25 and costs. 

4339 First District City Magistrate's Court, New Brighton, 

S. I Sept. 17, 1901 Absconded. 

4493 Mar., 1901 $25 and costs. 

4544 Second District Municipal Court, Flushing, L. I April 3, 1901 Fine $100. 

4492 Supreme Court, New York County Feb. 11,1901 $50 and costs. 

4488 Supreme Court, New York County Jan. 30, 1901 $25 and costs. 

44G8 Seventh District City Magistrate's Court, N. Y. City.. Oct. 29, 1900 Fined $25. 

4512 First District City Magistrate's Court, L. I. City Oct. 15, 1900 Fined $25. 

4538 Supreme Court, New York County Feb. 18,1901 $25 and costs. 

4551 First District City Magistrate's Court, L. I. City Dec. 29, 1900 Fined $150. 

4497 Supreme Court, Kings County Mar. 4, 1901 Fined $100. 

4541 Supreme Court, Kings County Feb. 20, 1901 Fined $100. 

4554 Supreme Court, Kings County Feb. 20, 1901 Fined $100. 

4494 District Municipal Court, New York City Jan. 30, 1901 Fined $100. 

4562 Supreme Court, Queens County Feb. 20,1901 Discontinued. 

4552 District Municipal Court, Brooklyn Feb. 17, 1901 $75 and costs. 

4313 Sixth District City Magistrate's Court, New York City Mar. 28, 1901 Fined $300. 

2726 Third District City Magistrate's Court, Brooklyn Jan. 28, 1901 Fined $200. 

4313 First District Municipal Court, Brooklyn July 8, 1901 $50 and costs. 

4307 Second District City Magistrate's Court, N. Y. City.. Mar. 21, 1901 Absconded. 

3310 Fourth District City Magistrate's Court, N. Y. City.. Feb. 20, 1901 Absconded. 

4491 District City Magistrate's Court, Staten Island, N. Y. Mar. 4, 1901 Fined $25. 

4596 District Municipal Court, New York City July 12, 1901 $25 and costs. 

4303 District Municipal Court, New York City July 17, 1901 $25 and costs. 

4647 First District City Magistrate's Court, Brooklyn Jan. 23, 1901 Fined $200. 

4582 Sixth District City Magistrate's Court, New York City Jan. 16, 1901 Fined $200. 

4470 Fifth District City Magistrate's Court, New York City Jan. 15, 1901 Fined $200. 

2811 First District City Magistrate's Court, New York City Jan. 16, 1901 Fined $200. 

2725 Supreme Court, New York County July 23, 1901 $50 and costs. 

4625 Fifth District City Magistrate's Court, New York City Jan. 29, 1901 Fined $200. 

4628 District Municipal Court, New York City Feb. 28, 1901 $45 and costs. 

4631 District Municipal Court, New York City Mar. 8,1901 $50 and costs. 

4359 Sixth District City Magistrate's Court, Brooklyn July 3, 1901 Bail forfeited. 

4558 District Municipal Court, New York City Mar. 8,1901 $50 and costs. 

4630 First District City Magistrate's Court, New York City Jan. 16, 1901 Fined $200. 



166 



Ninth Annual Retort of the 



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'COWNfONft 



Commissioner of Agriculture. 



167 



PROSECUTIONS— BOB VEAL. 

"Warrant 

Number issued or sum- Final 

of case. Court. mons served. disposition. 

1550 First District Municpal Court, Brooklyn.. July 28, 1901 Pending. 

1541 Third District Municipal Court, New York City Aug. 30, 1901 Pending. 

1105 Third District Municipal Court, New York City June 25, 1901 Pending. 

1527 Tenth District Municipal Court, New York City June 26, 1901 Pending. 

1102 First District Municipal Court, New York City July 1, 1901 Pending. 

1531 Third District Municipal Court, New York City June 22, 1901 Pending. 

1106 Eighth District Municipal Court, New York City June 10, 1901 Pending. 

1104 Tenth District Municipal Court, New York City July 3, 1901 Pending. 

1121 Third District Municipal Court, New York City Sept. 10, 1901 Pending. 

1139 Tenth District Municipal Court, New York City June 26, 1901 Pending. 

1120 Third District Municipal Court, New York City Sept. 10, 1901 Pending. 

1141 First District Municipal Court, New York City Sept. 26, 1901 Pending. 

1109 Supreme Court, New York County Sept. 8, 1901 Pending. 

1125 First District Municipal Court, New York City July 1, 1901 Pending. 

1515 Supreme Court, New York County Sept. 7,1901 Pending. 

1114 Supreme Court, New York County Aug. 26, 1901 Pending. 

1112 Supreme Court, New York County Sept. 4, 1901 Pending. 



PROSECUTIONS— VIOLATIONS OF THE BRANDING LAW— CONDENSED MILK. 

Warrant 
Number issued or sum- Final 

of case. Court. mons served. disposition. 

7 Supreme Court, New York County Sept. 28, 1901 $100 and costs. 

8 Supreme Court, New York County Sept. 11, 1901 $100 and costs. 

a Supreme Court, New York County Sept. 11, 1901 $100 and costs. 

10 Supreme Court, New York County Sept. 12, 1901 $100 and costs. 

11 Supreme Court, New York County Sept. 7, 1901 Pending. 

12 Supreme Court, New York County Aug. 28, 1901 Pending. 

13 Supreme Court, New York County Aug. 27, 1901 $100 and costs. 

14 Supreme Court, New York County Aug. 22, 1901 $100 and costs. 

15 Supreme Court, New York County Aug. 22, 1901 $100 and costs. 

16 Supreme Court, New York County Aug. 21, 1901 $100 and costs. 



Status of Miscellaneous Cases. 



Case No. 



M. &G. 

502 

s. &. c. 

2 
C.&W. 

C. & P- 



Court. 



Supreme. 
Snpreme . 

Supreme. 
Supreme. 
Supreme. 

Supreme. 



Place. 



Westchester county .. 
Orange county ...1... 

New York county.... 

New York City 

New York county ... 

New York county ... 



Remarks. 



Case still pending. 

Action discontinued by direction of the At- 
torney-General. 

Case now od calendar of Court of Appeals. 

Case awaiting trial. 

Action discontinued March 4, 1901, on pay- 
ment of civil penalty of $100 and costs. 

Action discontinued March 4, 1901, on pay- 
ment of civil penalty of $100 and costs. 



16S 



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180 Annual Report of the Commissioner of Agriculture. 



Total receipts over all roads for the year ending September 30, 1901. 



1900. 
October .... 
November . 
December . 

1901. 
Januarj ... 
February.. 

March 

April 

May 

Juue 

July 

August 

September . 



MONTH. 



Cans 
crude milk. 



776,503 
742,369 
759,826 



756,639 
688,234 
796,989 
780,824 
842,328 
891,894 
946,532 
832,282 
807,152 



9,621,572 



Cans 
cream and 
unsweet- 
ened 
condensed 
milk. 



28,749 
26,598 
25,786 



25 517 
24,293 
30,112 
33,794 
46,823 
58,897 
60,189 
48,845 
39,729 



449,332 



Average 

market price 

to producer 

per quart. 



$0.03 
.03 
.0325 



.03 

.0275 

.0263 

.0250 

.0212 

.02 

.0225 

.0236 

.0250 



$0.0261 



Platform 

price per 

can, freight 

paid. 



$1 46 
1 52 
1 57 



1 46 
1 36 
130 
1 24 
1 11 
1 17 
1 34 
1 22 
1 33 

$1 34 



Total cans crude milk 9,621,572 

Total cans cream and unsweetened condensed milk 449,332 

Estimated value (freight included) $16,693,376 58 



Daily average cans crude milk 

Daily average cans cream and unsweetened condensed milk. 



26,361 
1,231 



The above amount of milk does not include milk sold to con- 
densers, most of which reaches the New York market in small 
cans which is estimated to be equal to 2,249,108 cans 



Estimated value 

Estimated value as shown above. 



$3,193,733 36 
16,693,376 58 

$19,887,109 94 



The above receipts of crude milk, cream and condensed milk 
are equal to 14,005,016 cans of crude milk of 40 quarts each, or 
560,200,640 quarts, representing a daily receipt of 1,534,796 
quarts of crude milk. 
Respectfully submitted. 

FREDERICK J. H. KRACKE, 

Assistant Commissioner. 



Report of E. I. Preston. 



Hon. Charles A. Wieting, Commissioner of Agriculture: 

Dear Sir — I herewith respectfully submit this my third annual 
report of the work performed and the general conditions found 
in the Third Division of the State, embracing the counties 
of Columbia, Delaware, Dutchess, Greene, Orange, Putnam, 
Rockland, Sullivan, Ulster and that part of Westchester not 
included in Greater New York. 

MILK. 

Owing to the immense amount of milk produced in this divi- 
sion, the greater part of our work from March to December is 
necessarily given to the inspection of this product at the place 
where offered for sale. 

Where thousands of cans were once shipped direct from the 
producer to the city retailer, now but little is sold in that way. 
Creameries have sprung up at nearly every railroad station, 
which absorbs most of the milk produced in their immediate 
locality, and when properly run are caring for and shipping 
the milk and its products in a much better condition than can 
be done by the average producer. The mixing together, in large 
vats, of milk from many dairies is being generally practiced, 
which, being drawn in cans for shipment, produces a milk of 
uniform quality. Much of the high-grade milk is still being 
robbed of a portion of its cream, perhaps to the pecuniary ad- 
vantage of the creameryman, but at the expense of the con- 
sumer and to the great detriment of the producer and the hon- 
est creameryman who must compete with this adulterated 
article. 

I believe that a majority of the dealers, and all producers, 
will heartily favor any legislation which will effectively prevent 
this fraud which at this time we are unable to prevent with the 
present low standing of butter fats required. 



182 Ninth Annual Report of the 

CREAM. 

Much condensed skim milk is being used for mixing with 
cream to give it body. This, too, is in the nature of a fraud, as 
its purpose is to deceive the purchaser. Should not cream be 
required to be sold on a guaranteed standard of butter fat con- 
tained? 

INSFECTIONS. 

As this division has had but three milk agents during the 
past year, against four in former years, we have been unable to 
inspect every creamery in the division, as would be my wish. 

During the fiscal year the milk received at 183 creameries and 
condensaries has been inspected once, at 12 twice and at 3 three 
times; also at 31 shipping stations and 33 villages and cities. 

Fifty-nine inspections of cities and villages for oleomargarine 
and 18 inspections for vinegar were made, making a total 
of 338 inspections. 

We have inspected 1,794 cans of milk offered for sale by 462 
peddlers, from which 7 samples were taken and actions begun 
for adulteration. 

Milk produced from 7,010 dairies, representing 26,651 cans of 
milk, have been tested. Forty-three samples were taken from 
this milk and a similar number of samples were taken at the 
herd to show the actual quality of the milk produced. From 
this number 36 samples were found to be below standard and 
29 actions were brought against the producer for adulteration. 
No actions were brought against the vendors of the other 7 
samples, as the mixed milk at the herds was also found to be 
below standard. 

SETTLEMENT OF ACTIONS. 

Since the law requiring herd samples to be taken has been in 
effect comparatively few actions have been brought to court, 
as a comparison of the original with the herd sample has made 
the adulteration so plain and the proof so positive that the 
guilty party settles the case with the attorney and thus escapes 
the notoriety of a hopeless trial. As an illustration I will give 
the analyses of the 29 cases above mentioned and of the herd 
samples of the same: 



Commissioner of Agriculture. 



183 



Original Sample. 


Herd Sample. 


Fat. 


Solids not tat. 


Total solids. 


Fat. 


Solids not fat. 


Total solids. 




3.28 


7. 12 


10.40 


4.71 


8.46 


13.17 




3.43 


7.78 


11.21 


3.75 


8.37 


12.12 




3.14 


7.08 


10.22 


3.56 


8.62 


12.18 




3.18 


7.48 


10.66 


3 56 


8.62 


12.18 




3.16 


7.32 


10.48 


3.91 


8.78 


12.69 




3.51 


7.75 


11.26 


3.84 


8.32 


12.16 




3.20 


7.40 


10.60 


3.49 


8.55 


12.04 




3.64 


7.74 


11.38 


3 *2 


8.87 


12.60 




3.37 


7.34 


10.71 


4.22 


8.55 


12.77 




3.51 


8.13 


11.61 


4.38 


8.95 


13.33 




3.69 


7.74 


11.43 


4.81 


8.52 


13.33 




3.19 


7.38 


10.57 


4 63 


8.61 


13.24 




3.48 


7.22 


10.70 


4.37 


8.93 


13.30 




3.71 


7.97 


11.68 


4.51 


8.61 


13.12 




3 31 


7.47 


10.78 


4.20 


9.06 


13.26 




2.84 


6.52 


9.46 


3.65 


8.26 


11.91 




3.28 


7.71 


10.99 


3.8? 


8.92 


12.74 




2.84 


9.19 


12.03 


4.17 


9.05 


13 22 




2. 91 


7.15 


10.06 


3.59 


8.49 


12.08 




3.58 


7.47 


11.05 


4.38 


9.24 


13.58 




3.45 


7.66 


11.11 


4.37 


8.38 


12 75 




3.48 


7.72 


11.20 


4.59 


8.24 


12.83 




2.11 


5.51 


7.62 


3.73 


8.41 


12.14 




2.36 


5.44 


7.80 


3.73 


8.41 


12.14 




2.76 


6.11 


8.87 


3.88 


8.73 


12.61 




3.32 


6.92 


10 26 


4.22 


8.86 


13.08 




3.54 


7.44 


10.98 


4.17 


8.63 


12.80 




3.31 


7.31 


10.62 


3.78 


8.71 


12.49 




3.27 


6.72 


9.99 


3.43 


8.64 


12.07 


Average . 


. 3.23 


7.31 


10.54 


4.04 


8.65 


12.69 



This table shows an average loss of butter fat of 25 per cent, 
and an addition of water of 20 per cent., or, reduced to measure, 
33.54 quarts of pure milk and 6.46 quarts of water have been 
mixed to produce the 40 quarts of milk sold. 

In the table below I will also give the analysis of the milk as 
found at the herds of the seven cases not brought, which will 
show that while under the old law, when no herd samples was 
required to be taken, some unjust actions for adulteration may 
have been brought, to-day such an injustice would be impossible: 



Fat. 


Solids not fat. 


Total solids. 


Fat. 


Solids not fat. 


Total solids. 


3.42 
3 57 
3.52 
3.43 


8.14 
8.24 
8.43 
8.40 


11.56 
11.81 
11 95 
11.83 


3.26 
3.36 
3 34 


7.90 
8.19 
8.35 


11.16 
11.55 
11.69 


Average 3.41 


8.23 


11 64 



OLEOMARGARINE. 

The cities adjoining Greater New York and the towns lying 
along the lower Hudson, where about two years ago wagon 



184 Ninth Annual Report of the 

peddlers from New Jersey and Long Island were selling oleo- 
margarine to grocei 'ymen and private families, 1 now believe to 
be free from this fraud butter, as after diligent search we are 
unable to find it, and get no hints or complaints from the trade 
that they suspect its presence. This very satisfactory condi- 
tion is, I believe, due to the arrest and prompt conviction of the 
offenders in the local courts, followed by a further sentence in 
the United States courts. But two suspected samples were 
taken, which upon analysis was proven to be butter. 

RENOVATED BUTTER. 

The sale o'f renovated butter is on the increase, the grocery- 
men in some of the cities during the winter months offering but 
little else. The tubs are usually plainly marked renovated, but 
still the customer is ignorant of its nature. During the year 
1,157 stores with 5,464 tubs of butter were inspected. 

VINEGAR. 

We have found no vinegar below standard, as but few grocery- 
men buy except from houses guaranteeing its standing. That 
they may now purchase pure cider vinegar from the farmer 
under the conditions specified in the Law of 1901 relating thereto 
is not generally known either by the farmer or groceryman. 
Five hundred and sixty-three barrels were inspected in grocery 

stores. 

BOB VEAL. 

The character of the shipments of young calves from this divi- 
sion to New York City is now quite satisfactory, and but few 
are found which will justify a seizure. 

CONTAGIOUS DISEASES OF DOMESTIC ANIMALS. 

An outbreak of glanders in Columbia and Dutchess and an- 
thrax in Orange and Ulster counties was successfully controlled 
by H. B. Ambler, veterinarian, of Chatham. 

The following is a detailed report of the work performed by 
the agents in this division of the Department from October 1, 
1900, to September 30, 1901 : 



Commissioner of Agriculture. 



185 



MILK INSPECTIONS. 



INSPECTOR. 



W. J. Bennett 
J. H. Bevier.. 
M. Dugan 



Number 

of 

days. 



262 
256 
251 



Cans 
inspected. 



15,390 
18,307 
13,575 



Estimated 

miles 
traveled. 



11,300 
11,377 
10,986 



The following cases for violation of the Agricultural Law, 
which were pending on September 30, 1900, have been disposed 
of as follows: 

MILK. 

Case No. G461— Settled on payment of $25 and $5 costs. 
Case No. 2CS9— Pending in Supreme Court. 
Case No. 5039. 

Case No. G470— Settled on payment of $25 and $17 costs. 
Case No. C501— Settled on payment of $25 and $17 costs. 
Case No. 5042— Settled on payment of $100. 

Case No. 6467— Settled on payment of $25. • 

Case No. 5043— Tried before Justice Dickey, Supreme Court, White Plains. Verdict, 
$100 and costs. 
Case No. 5044 — Pending in Supreme Court. 
Case No. 8905— Pending in Supreme Court. 
Case No. G481— Pending in Supreme Court. 
Case No. 6482— Pending in Supreme Court. 
Case No. 6487 — Pending in Supreme Court. 
Case No. 2690— Settled on payment of $30. 
Case No. 5121 — Settled on payment of $25. 
Case No. 5120— Settled on payment of $30. 
Case No. 5117— Discontinued. 
Case No. 5116— Settled on payment of $100. 
Case No. 6504— Settled on payment of $40. 
Case No. 6503— Settled on payment of $50. 
Case No. 5377 — Discontinued. 
Case No. 5378— Pending in Supreme Court. 
Case No. 6529— Pending. 



PROSECUTIONS— MILK. 



Case No. 6521— Supreme Court, 
Case No. 6522— Not assigned. 
Case No. 6526 — Supreme Court, 
Case No. 6530 — Supreme Court, 
Case No. 5114— Supreme Court, 
Case No. 8801— Supreme Court, 
Case No. 5154 — Supreme Court, 
Case No. 6532— Supreme Court, 
Case No. 6520— Supreme Court, 
Case No. 8806— Supreme Court, 
Case No. 8805— Supreme Court, 
Case No. 6533— Supreme Court, 
Case No. 6534— Supreme Court, 



Columbia County, N. Y. Pending. 



Putnam County, N. Y. 
Putnam County, N. Y. 
Putnam County, N. Y. 
Putnam County, N. Y. 
Delaware County, N. Y 
Dutchess County, N. Y. 
Dutchess County, N. Y. 
Dutchess County, N. Y. 
Dutchess County, N. Y, 
Columbia County, N. Y 
Columbia County, N. Y. 



Paid $75. 
Paid $100. 
Defaulted. 
Discontinued. 

Defendant died. 

Pending. 

Pending. 
Paid $50. 

Paid $25. 

Pending. 
Pending. 



186 Annual Report op the Commissioner op Agriculture. 

Case No. 6512— Supreme Court, Sullivan County, N. Y. Paid $50. 
Case No."C541 — Supreme Court, Delaware County, N. Y. Pending. 
Case No. 6542 — Supreme Court, Sullivan County, N. Y. Pending. 
Case No. 6516— Supreme Court, Dutchess County, N. Y. Pending. 
Case No. 65l7— Supreme Court, Dutchess County, N. Y. Pending. 
Case No. 5104— Supreme Court, Dutchess County, N. Y. Paid $50. 
Case No. 5163 — Defendant not located. 

Case No. 6543 — Supreme Court, Westchester County, N. Y. Pending. 
Case No. 6544 — Supreme Court, "Westchester County, N. Y. Pending. 
Case No. 6519 — Supreme Court, Westchester County, N. Y. Pending. 
Case No. 6518— Supreme Court, Westchester County, N. Y. Pending. 
Case No. 8812 — Supreme Court, Westchester County, N. Y. Pending. 
Case No. 6545— Justice Court, Putnam County, N. Y. Fined $50. 
Case No. 6547 — Supreme Court — Dutchess County, N. Y. Pending. 
Case No. 6510 — Supreme Court, Orange County, N. Y. Pending. 
Case No. 5156— Supreme Court, Orange County, N. Y. Pending. 
Case No. 11454 — Supreme Court, Orange County, N. Y. Pending. 
Case No. 11453 — Supreme Court, Orange County, N. Y. Pending. 
Case N. 11451 — Supreme Court, Orange County, N. Y. Pending. 
Case No. 11452— Supreme Court, Orange County, N. Y. Pending. 
Case No. 6509— Supreme Court, Sullivan County, N. Y. Pending. 

PROSECUTIONS— VINEGAR. 

Case No. 1866— Plnding in Supreme Court. 
Case No. 628 — Pending in Supreme Court. 
Case No. 596 — Pending in Supreme Court. 
Case No. 1994 — Discontinued. 

PROSECUTIONS— OLEOMARGARINE. 

Case No. 3394— Settled on payment of $25 and costs. 

Case No. 3273— Settled on payment of $32. 

Case No. 2942— Settled on payment of $100 and costs. 

Case No. 2041 — Tried before Justice Keogh, Supreme Court, White Plains. Verdict, 
$50 and costs. 

Case No. 2004 — Tried before Justice Dickey, Supreme Court, White Plains. Verdict, 
$100 and costs. 

Respectfully submitted. 

E. J. PRESTON, 

Assistant Commissioner. 



Report of T. James Owens. 



Hon. Charles A. Wieting, Commissioner of Agriculture: 

Dear Sir — I have the honor to make my annual report of work 
performed in the service of the Department of Agriculture of 
the Fourth Division, comprising the counties of Essex, Fulton,. 
Hamilton, Herkimer, Montgomery, Oneida, Oswego and Warren, 
for the year ending September 30, 1901. 

Number of cans inspected 4,802' 

Number peddlers' meat inspected 234 

Cans inspected on trains 57 

Samples delivered to chemist 34 



The following is a list of milk samples taken during the year 

the factory sample of which upon analysis was found below 
State standard: 

Factory Herd 

.abel label 

number. number.. 

6934 ; 374 

6936 355 

9630 1751 

6962 414 

6963 415 

6937 35$ 

4975. Not allowed to see herd milked. 

6933 377 

8101 64 

6923 66 

6924 67 

6925 69 

6926 68 

8995. No sample taken. 

6927 422 

8976 1829 



188 Ninth Annual Report of the 

Factory Herd 

label label 
number. number. 

8976 4974 

4982 8985 

8984. Taken from peddler's wagon. 

8990 1856 

8995 1838 

8984. No herd sample. 

8997 1837 

8989 1841 

8996 1842 

8999 1840 

4985 1843 

8991 3501 

9110 1835 

8993. Refused to see the herd milked. 

9000. Peddler's milk taken from wagon purchased from 

another. 

9109 1769 



The milk this year has been of better quality; richer in butter 
fats than usual. I believe also that dairymen are taking more 
care in milking and taking care of it afterward, such as strain- 
ing and aerating and cooling the same. 

OLEOMARGARINE. 

In this division every effort has been made to prevent the 
nefarious traffic in oleomargarine. The shipments are gener- 
ally made from the west east, thence north up in the Adiron- 
dacks and taken into camps of the forest, and consumed by lum- 
bermen. 

One great difficulty in getting a sample is this: There are 
many places on the railroad, that trains stop at on signal only, 
and oleomargarine, with other freight, is dropped on the ground, 
and away the train goes, leaving the freight. It is soon re- 
moved into the forest and is generallv verv difficult to find. 



Commissioner of Agriculture. 189 

The agents must follow or get samples immediately after the 
train leaves, or after placing it (oleomargarine) in the store- 
houses, or it is shipped into the woods. After much privation 
and watching they succeeded in getting 110 samples of oleomar- 
garine, for which they are entitled to great credit for the skill- 
ful and efficient manner in which they were procured. 

VINEGAK. 

Number of barrels vinegar examined 565 

Number wholesale stores and manufactures examined. .. 37 



BOB VEAL. 

The shipment of calves has greatly increased within the past 
year. 

Diligent search and care has been exercised to prevent the 
shipping of bob veal. Nearly every train passing through Utica 
was examined by the bob-veal agent, assisted many times by the 
other agents. The whole number seized was 34. 

RENOVATED BUTTER. 

Large quantities of renovated butter is being sold from the 
retail stores, though properly stamped. 

PARIS GREEN AND LINSEED OIL. 

The laws regulating the manufacturing and selling of linseed 
oil and Paris green were very generally observed, and no sam- 
ples of either was taken in this division. 

DISEASED CATTLE AND SWINE. 

An epidemic of cattle disease broke out in the town of Russia, 
Herkimer county, N. Y., three having died after my notification. 
I called upon Dr. L. D. Moore, veterinary surgeon, to examine 
the cattle with myself. He pronounced the disease as infectious 
and contagious, and was confirmed in his opinion later by Pro- 
fessor Law, of Cornell, who said the disease was a deadly one 
and one which would demand immediate attention. We qua ran- 



190 Annual Report of the Commissioner of Agriculture. 

tined the cattle and the sick ones were kept from the well ones; 
but three died during the quarantine. 

An infectious disease of swine broke out in Trenton Falls in 

which two large sows were affected, one dying when I arrived 

at the farm, the other we killed, together with thirteen pigs. 

The buildings were disinfected and the dead buried in quicklime. 

Respectfully submitted. 

T. JAMES OWENS, 

AsssisUmt Commissioner. 






Report of S. Brown Richardson. 



Hon. Charles A. Wieting, Commissioner of Agriculture: 

Dear Sir — I have the honor of presenting this my fifth an- 
nual report of the work done in the Fifth Division of the De- 
partment of Agriculture for the year ending Septmber 30. 1901. 

Early in the year the employees in this division were interested 
in obtaining a representative exhibit of dairy products for the 
annual meeting of the State Dairymen's Association, held in 
the city of Watertown, December 12 and 13, 1900. 

This meeting was attended by dairymen representing many 
States of the Union, and great interest was manifested in the 
splendid display of butter, cheese and dairy utensils. There can 
be no doubt that this great meeting was productive of much 
good by way of bringing together the dairymen of our State 
and marshaling them in the line of progress that has so materi- 
ally benefited all dairy interests. 

Butter and cheese are the principal projducts of farms in the 
northern counties of this State, and the increasing demand for 
both these food products shows how well the people have profited 
by the instruction furnished by the State Department of Agri- 
culture. A prerequisite to the manufacture of fine butter and 
fine cheese is cleanliness. We must have clean barns, clean ani- 
mals, clean milkers, clean receptacles, and clean and well venti- 
ated rooms in which to develop these products or they will never 
be what they should ever be — the first quality. 

Along the lines of advanced dairy methods the men employed 
in this division have been working; spending, as in former years, 
more time in giving instruction than in ferreting out infractions 
of the law. It is not, however, to be inferred from this state- 
ment that they have in any way neglected their duty as guardi- 



192 Ninth Annual Report of the 

ans of the people in detecting and reporting promptly any viola- 
tions of laws relating to agriculture. On the contrary, many 
criminals have been exposed in the Fifth Division during the 
current year, and in every case when such violations have been 
brought to the attention of the courts the case of the people 
has been sustained and the defendant has been convicted and 
punished. 

I am pleased in this connection to report a further decrease 
in the number of violations we have found, which shows that 
the punishment administered has had a wholesome and salutary 
effect in lessening adulterations. I give below a list of cases 
prepared by the Department of Agriculture for the current year, 
by which it will be seen that in most instances the extreme 
penalt t y has been collected. In cases where settlements for a 
less amount have been accepted there has seemed to be extenu- 
ating circumstances, such that with the consent of the Attorney- 
General and by your advice they have been compromised. 

PROSECUTIONS. 

Label Nos. 10634, 6402, 6418, 6410, 10635, 7851,' 6431, 4467, 10639, 10C38, 6433, 7901, 7902, 6411, 
7920, 10641, 6359, 6360. 

During the past year I have had more calls for State 
aid in the treatment of sick cattle than ever before, the first 
being the case at the farm of K. Collins Kellogg of the town of 
Lowville. In this case a herd of young cattle, one and two years 
old, were attacked some weeks after having been dehorned. 
Their first symptoms were loss of appetite, pronounced rise of 
temperature, increased respiration, followed in about four days 
by death. Four or five heifers that had been in apparent good 
health and condition died within a few days. When my atten- 
tion was called to this herd I sent for Dr. W. H. Kelly, a vet- 
erinarian in the Department, who successfully diagnosed and 
treated the disease to the end that no more deaths occurred. 

The disease commonly called " lumpy jaw " has been quite 
prevalent in this division at times during the past ye;ir. 
Many cases of this nature have been brought to my 



Commissioner of Agriculture. 193 

attention during the past year, and whenever the conditions 
seemed to warrant such a course, I have applied to you for and 
procured the services of a veterinarian, who in most cases has 
been able to bring relief. 

In the case of one Burns, it was found by Dr. Kelly that 
several milch cows had been taken with what seemed to be a 
kind of epidemic ailment, beginning with a shrinkage in the flow 
of milk and followed by loss of appetite and falling away of 
flesh. In one case extreme emaciation continued for months ami 
seemed to point toward tuberculosis, while in other cases the 
trouble seemed to be transitory. 

The case of sick swine, reported from the town of Clayton and 
for the treatment of which several visits were made by a De- 
partment veterinarian, was thought to be caused by feeding im- 
pure and partially decayed food, the refuse of the hotel swill 
barrel, and other questionable sources. 

My attention was called during the month of September to a 
disease that broke out in the herd of milch cows owned by Hon. 
Le Roy Crawford at Chase's Lake. Individuals of that herd 
were taken with loss of appetite, great decrease in the flow of 
milk, high temperature, increased respiration and death in about 
four days. Several valuable cows had died before I called the 
attention of the Department to this case. A veterinarian was 
promptly furnished me, and after his diagnosis and treatment 
no more deaths occurred. I refrain in this case, as in all 
others, from attempting a scientific description, knowing that 
the report of the attending veterinarian in each case, which is 
available, contains information much more accurate and valu- 
able than could any report furnished by me. 

In this belief, and realizing the great importance of studying 
these cases, I would call your attention to a peculiar and seri- 
ous disease first reported to me by Nicholas Keiffer of Kirschner- 
ville. Mr. Keiffer has a pasture containing about 140 acres, 
mostly rough land, much of which is unfit for the plow. Neigh- 
bors living within a few miles of this pasture during the past 
season furnished from five to ten head of one and two-year old 
13 



194 Ninth Annual Report of the 

cattle to " summer " in Keiffer's pasture. The environments 
of this pasture had no unusual features. The stock had good 
feed and good water. I think there was about forty head of 
cattle quartered there. During the late days of August and the 
month of September a disease appeared among them from 
which about 25 per cent, of them died. The first symptoms were 
bleeding at the nose and high fever, followed by a fetid and 
highly colored and offensive discharge from the bowels, ending in 
death, after great agony, in from twenty-four to thirty-six hours. 
A post-mortem examination was conducted by Dr. H. B. Ambler, 
veterinarian, and parte of the dead animals taken for 
analysis. Under the advice of Dr. Ambler this fatal disease 
seems to have been arrested by removing all uninfected animals 
from the pasture and isolating them in other quarters. While 
it would seem that, in the Keiffer pasture, the trouble must 
have originated from the eating of some poisonous plant, I am 
awaiting with great interest the report of Dr. Ambler in the 
case, and in this interest I am joined by many anxious farmers 
who have cause to remember the loss of valuable stock in the 
manner above indicated. 

The instructors and agents in this division have as usual been 
kept exceedingly busy in answering calls for assistance from the 
butter and cheese factories, and many thousand samples of milk 
have been tested. These tests often result in the location of 
some serious trouble found in making up milk, and as a result 
such trouble is often eradicated. It is also from this source 
that we most frequently detect adulterations. 

The instruction always furnished in cheese making is bearing 
fr.uit. First, by improving by a large percentage the general 
quality of cheese manufactured in the five counties of this 
division, and secondly, by the larger quantity of cheese 
manufactured. I estimate that the output of cheese in this divi- 
sion for the year 1901 will reach 22,500,0000 pounds, and will 
bring into the pockets of the dairymen about $2,025,000. Add 
to this a large increase in the amount of butter manufactured 
and a corresponding increase in the amount of milk shipped 



Commissioner op Agriculture. 195 

iind I am not surprised that prosperity resides with the dairy- 
men of northern New York, or that rates of interest are less, 
or that those farmers who a few years ago were burdened with 
debt are now clearing their lands from mortgages. 

Both consumers and producers continue to complain bitterly of 
the receipt and sale of renovated butter in the cities and larger 
villages of this agricultural division, which places until recent 
years have furnished a ready and remunerative market for farm 
dairy butter, made before the opening of factories in the earl;? 
spring and after their closing about November 1st. The exist- 
ing laws controlling the branding of renovated butter do not 
seem to improve its quality nor prohibit to any great extent 
the deception which often accompanies its sale. Its question- 
able constituents, compounded far beyond the boundary of our 
own great dairy country, are placed before us at a price so much 
below that at which honest butter can be produced that the 
latter industry, a home product, is smothered, while the Western 
manufacturer of renovated butter flourishes. 

In closing this report permit me again to bear witness to the 
cheerful and willing acquiescence of all the instructors and in- 
spectors in this division in all the suggestions I have made for 
the good of the Department. Neither long hours or bad weather 
has held them back when duty has invited them to go forward. 
At all times respectful and courteous, they have earned my ear- 
nest approval, and I am happy to acknowledge my appreciation 
-of their kindness and assistance here. 

Respectfully submitted. 

S. BROWN RICHARDSON, 

Assistant Commissioner. 



Report of Charles T. Russell. 



Hon. Charles A. Wietixg, Commissioner of Agriculture: 

Dear Sir — Herewith I respectfully submit my fourth annual 
report as Assistant Commissioner of the work performed in 
the service of the Dpartment of Agriculture for the year termi- 
nating September 30, 1901, in this, the Sixth Division of the 
State, comprising the counties of Broome, Chenango, Cortland, 
Madison, Onondaga, Tioga and Tompkins. 

In connection with the many other duties performed our time 
has been largely occupied with the inspection of the milk supply 
of this division, necessitated by the popular demand for the 
same as expressed by general and numerous requests which in- 
crease in number each year. As regards the inspection of the 
public milk supply it is very gratifying to note the increasing 
friendliness and favor of farmers and milk producers, as they 
realize that but for the restrictions imposed by the Agricul- 
tural Law upon adulteration by city dealers the demand from 
the milk producer would be seriously lessened. 

CENSUS.— MILK SHIPPING, PROSECUTIONS, ETC. 

The enormity of the dairy interests of the Sixth Division is 
best illustrated by the last factory and milk shipping census 
for the year 1900. The number of butter and cheese factories 
in each of the several counties of this division are as follows: 
Broome 40, Chenango 45, Cortland 39, Madison 46, Onondaga 27, 
Tioga 27, and Tompkins 17; total number of factories 241, milk 
condensaries 3, and milk shipping stations 120, making 9,860,490 
pounds of butter and 13,123,922 pounds of cheese. 

There was shipped from this division during the year as fol- 
lows: 

Quarts of crude milk 109,838,128 

Quarts of condensed milk 1,875,885 

Quarts of cream 1,840,381 

Total ' 113,554,394 



Annual Report of the Commissioner of Agriculture. 197 

The popular estimate of the daily average receipts of crude 
iriilk at the city of New York from all sources, being 25,000 forty- 
quart cans, would equal 365,000,000 quarts annually. The crude 
milk actually shipped from this division, independent of esti- 
mated equivalents from condensed milk, cream or other product, 
would approximate close to one-third of the entire receipts of 
the city of New York from the five shipping States. The 
natural tendency in this district is a gradual decrease in the 
number of butter and cheese factories with increased patronage 
of milk stations by reason of the excellent railroad facilities 
here provided for shipping milk to the New York market. 

By request much attention and investigation has been given 
to the condition of milk as delivered to factories and shipping 
stations, which has resulted in marked improvement and a bet- 
ter quality of butter and cheese made therefrom. 

There has been but little disease among cattle of this division, 
and the transfer of the control of bovine tuberculosis to the 
State Agricultural Department has given occasion for general 
expression of satisfaction among dairymen. 

The work of the agents of this division has been well and 
thoroughly done, and there have been but few court trials of 
the cases made for violations of the Agricultural Law, the de- 
fendant preferring to settle with the State's attorney rather 
than defend the action because of the completeness of the case 
against him. I have given much time and personal attention 
to the investigation of the evidence and technicalities involved 
in each case. 

VINEGAR. 

There is lately a disposition among wholsalers and retailers 
to observe caution in buying their stocks of vinegar, and requests 
from them have been frequent asking that their supply be in- 
spected before they offer it for sale that they may be assured 
that it conforms to the requirements of the law. For this dis- 
trust we believe that good reason exists, as there seems to be 
a, disposition on the part of certain unscrupulous vinegar manu- 
facturers to take chances in the hope that the chemist may fail 



198 Ninth Annual Report of the 

to detect certain adulterations. We have done much detective 
work along this line. 

If vinegar manufacturers could be legally prohibited from 
manufacturing or storing white wine or other acid vinegars on 
the same premises with cider vinegar, it would materially stop 
cider vinegar adulteration, a bill for such a law having been 
introduced at the last session of the Legislature but unfortu- 
nately failed of passage. 

The present policy of the Attorney-General's office in desig- 
nating one attorney for the prosecution of all vinegar cases in 
contrast with distributing these cases among attorneys all over 
the State we are induced to believe must be conducive to 
good results, as it insures uniform procedure and the attorney 
must more keenly feel the responsibility that rests upon him 
to bring the prosecutions to a successful conclusion to the end 
that such adulterations be effectually stopped. 

VEAL. 

Veals shipped from this division have been thoroughly 
inspected and many seizures made, the effect of which has been 
very wholesome, resulting in a gratifying decrease in the 
number of violations. Much of the good results already accom- 
plished would have been permanent in their effect but for the 
accidental repeal of the bob-veal law. 

The provisions of this law had the moral support of the pub- 
lic because of the protection afforded to the consumer against 
the illegitimate traffic in this unwholesome food, as also the 
protection to the interests of the farmer against competition 
from this source with the legitimate products of his farm. 
Veals two or three days old and even less were bought very 
cheaply and shipped to the cities and sold as food where the 
supply from this source was brought into direct competition 
with matured veal, seriously injuring the market and prices of 
the same to the detriment of the farmers as a class and to the 
profit of a few unscrupulous dealers. Such traffic cannot in 

any sense be likened unto any farm industry, as except where 

I 



Commissioner of Agriculture. 199 

the calf is intended to be fattened or raised its birth is not 
sought for only as a factor in the development of the milk pro- 
duction of the cow, whereas the production of matured veal 
and the fattening of calves is an established farming industry 
which has been seriously imperiled by the abuses of this un- 
wholesome traffic. The filthy decomposed condition of some of 
these veals as shipped in the hot weather months beggars de- 
scription, and even before a State law was enacted against the 
traffic local boards of health generally throughout the State 
had discriminated against it and imposed penalties for viola- 
tions. It was at the trial of one of these cases in this division 
at Norwich, X. Y., that the defect in the law was first discovered. 
The defect being the result of an amendment to the Agricul- 
tural Law whereby the law was re-enacted with some additions, 
and it was found that several sections of the veal law were acci- 
dentally left out. The sentiment of the people of this division 
as elsewhere is strongly in favor of the correction of the mis- 
take by the re-enactment of the original law relating to this 
traffic. As regards the prosecution of the several other lines 
of work, we have industriously given our best effort to the same, 
as well as the performance of the various duties in the work of 
this division, in which I desire to say that the services of the 
agents have been skillful and creditable. 

The following is a detailed report of the work performed by 
the agents of this division from October 1, 1900, to September 
30, 1901, both dates inclusive: 

A. M. KIBBE. 

Number of days inspecting milk 178 

Number of days inspecting veals 7 

Number of days inspecting vinegar 8 

Number of days obtaining evidence.' 10 

Number of days attending court 8 

Number of days consulting with attorney ? 6 

Number of days special duty on reports, etc 39 

Number of days recovering State cheese brands 2 

Number of days inspecting butter 2 

Number of days on census work 29 

Number of days on crop reports 7 

Number of days consulting with Assistant Commissioner 1 

Total number of days 297 



200 Ninth Annual Report of the 

Number of railroad milk shipping stations inspected as to conditions 89 

Number of cheese factories inspected as to condition 42 

Number of butter creameries inspected as to condition 42 

Number of city dairy association creameries inspected 4 

Number of milk peddlers inspected 2C7 

Number of herds inspected 28 

Number of cows inspected 271 

Number of stables inspected 27 

Number of veals inspected 125 

Number of vinegar factories inspected 2 

Number of dairymen's milk inspected on delivery at cheese factories 977 

Number of dairymen's milk inspected on delivery at creameries 1,281 

Number of dairymen's milk inspected on delivery at milk shipping stations 1,473 

Total number dairymen's milk inspected 3,731 

Number of cans of dairymen's milk inspected on delivery at cheese factories 2,551 

Number of cans of dairymen's milk inspected on delivery at creameries 3.G39 

Number of cans of dairymen's milk inspected on delivery at milk shipping sta- 
tions 4,359 

Number of cans of peddlers' milk inspected 833 

Number of cans of creamerymen's milk inspected on railroad platforms 683 

Total number of cans of milk inspected : 12,065 

Number of specimens of butter inspected 227 

Number of barrels of vinegar inspected 414 

Number of samples of vinegar taken for chemist with C. T. Russell and T. E. 

Tiquin 13 

" Number of original samples of milk taken for chemist besides corresponding 
herd duplicates was 30; of the 30 samples so taken 11 were taken with other 

inspectors 30 

Total number of samples taken for chemist 43 

Estimated number of miles traveled 7,421 

T. E. TIQUIN. 

Number of days inspecting milk 102 

Number of days inspecting veal 33 

Number of days inspecting vinegar 21 

Number of days inspecting butter 2 

Number of days on census work 23 

Number of days consulting attorney 6 

Number of days obtaining evidence 11 

Number of days consulting Assistant Commissioner 3 

Number of days special duty on reports 16 

Number of days attending court '. 2 

Number of days recovering State cheese brands 2 

Total number of days 281 

Number of railroad milk shipping stations inspected as to condition 45 

Number of cheese factories inspected as to condition 29 

Number of creameries inspected as to condition 21 

Number of milk peddlers inspected 278 

Number of dairymen's milk inspected on delivery at milk shipping stations 1,398 

Number of dairymen's milk inspected on delivery at creameries 803 

Number of dairymen's milk inspected on delivery at cheese factories 845 



Commissioner of Agriculture. 201 

Number of cans of dairymen's milk inspected on delivery at milk shipping sta- 
tions 3,290 

Number of cans of dairymen's milk inspected on delivery at creameries 2,621 

Number of cans of dairymen's milk inspected on delivery at cheese factories 2,393 

Number of cans of creamerymen's milk inspected on trains and railway plat- 
forms 773 

Number of cans of peddlers' milk inspected 1,062 

Total number of cans of milk inspected 10,139 

Number of original milk samples below standard taken for chemist besides cor- 
responding herd duplicates was 61; of the 61 samples so taken 10 were taken 

with other inspectors 61 

Number of stables inspected 51 

Number of herds inspected 41 

Number of cows inspected 558 

Number of veals inspected 2,068 

Number of veals seized by myself 131 

Number of veals seized by myself with others 21 

Total number of veals seized 152 

Number of specimens of butter examined 197 

Number of barrels of vinegar examined 500 

Number of samples of vinegar taken for chemist by myself in company with 

other inspectors 25 

Estimated number of miles traveled 14,934 



CASES. 

The following is a report of actions settled and pending for 
violations of the Agricultural Law in the Sixth Division of the 
Agricultural Department of the State: 

MILK. 

Label Nos. S562, S563.— Referred to J. H. Throop. Recovery $100. 

Label No. 4978.— This case was against a milk shipper for adulteration. Supreme 
Court. Defendant appeared in the case by Hon. John T. McDonough, and case was 
settled direct with the Attorney-General in January, 1901. 

Label Nos. 9413, 9414, 9415. — This case was against a milk shipper for adulteration. 
Supreme Court. Defendant appeared in the case by Hon. John T. McDonough, and 
case was settled direct with the Attorney-General in January, 1901. 

Label Nos. 10073, 10074.— Referred to M. H. Kiley. Pending. 

Label Nos. 8582, 8583, 8584.— Settled direct with the Attorney-General. Recovery $100. 

Label No. 9416.— Referred to C. M. Wickwire. Recovery $50. 

Label No. 8649. — Supreme Court. Pending. 

Label No. 8579.— Supreme Court. Pending. 

Label No. 8580.— Supreme Court. Pending. 

Label No. 10068.— Referred to J. H. Throop. Recovery $100. 

Label No. 8612.— Supreme Court. Pending. 

Label Nos. 8576, 8577.— Supreme Court. Pending. 

Label No. 9408.— Referred to J. H. Throop. Recovery $100. 

Label No. 8650.— Supreme Court. Pending. 

Label No. 9442.— Supreme Court. Recovery $151.61. 

Label Nos. 9443, 9444, 9445.— Supreme Court. Pending. 



202 Ninth Annual Report of the 

Label No. 8572.— Referred to J. H. Kelley. Recovery $75. 

Label Nos. 9448, 9449.— Referred to J. H. Kelley. Pending. 

Label Nos. 10051, 10052.— Referred to J. H. Kelley. Pending. 

Label Nos. 9440, 9441.— Referred to J. H. Kelley. Recovery $25. 

Label Nos. 9435, 9436.— Supreme Court. Pending. 

Label No. 8501.— Supreme Court. Recovery $138.55. 

Label No. 9450. — Supreme Court. Pending. 

Label No. S194.— Supreme Court Pending. 

Label No. 8648. — Supreme Court. By order of Attorney-General, attorney obtained 
stipulation discontinuing case without costs October 4, 1901, because of probable inno- 
cence of defendant. 

Label No. 8575.— Supreme Court. Recovery $78. 

Label No. 9453.— County Court of Madison county. Pending. 

Label No. 100G9. — Referred to F. M. Parsons. Defendant being financially irresponsible 
no action commenced, but attorney is hopeful of settlement, which is not yet completed. 

Label No. 10070. — Referred to F. M. Parsons. Defendant gave attorney promissory 
note of $100 in settlement of case, which is now due and if not paid legal proceedings 
will be instituted to recover the penalty. 

Label No. 8588.— Referred to F. M. Parsons. Pending. 

Label Nos. 8593, 8594.— Referred to S. S. Wallis. Recovery $150. 

Label Nos. 8633, 8634.— Referred to S. S. Wallis. Attorney instructed by Attorney-Gen- 
eral to suspend proceedings in the case until further notice from him. 

Label Nos. 8642, 8643.— Referred to S. S. Wallis. Attorney instructed by Attorney-Gen- 
eral to suspend proceedings in the case until further notice from him. 

Label No. 10054.— Referred to S. S. Wallis. Recovery $75. 

Label No. 10055.— Supreme Court. Pending. 

Label Nos. 10056, 10057.— Referred to S. S. Wallis. Case discontinued and settled 
direct with Attorney-General. 

Label No. 8592.— Referred to S. S. Wallis. Recovery $75. 

Label No. 8591.— Referred to S. S. Wallis. Pending. 

Label Nos. 8557, 8558.— Referred to E. E. Mellon. Pending. 

Label Nos. 10063, 10064.— Referred to J. H. Throop. Recovery $100. 

Label Nos. 10061, 10062.— Referred to J. H. Throop. Pending. 

Label Nos. 10090, 10091.— Referred to J. H. Throop. Recovery $100. 

Label No. 10103.— Referred to J. H. Throop. Pending. 

Label No. 10098.— Referred to J. H. Throop. Recovery $100. 

Label No. 9409. — Supreme Court. Discontinued. 

Label Nos. 10099, 10100.— Referred to J. H. Throop. Recovery $100. 

Label No. 9405.— Supreme Court. Pending. 

Label No. 8556.— Referred to J. T. Rogers. Pending. 

Label No. 6020.— Referred to J. T. Rogers. Sentence suspended. 

Label No. 6022.— Supreme Court. Pending. 

Label No. 9420.— Referred to J. H. Throop. Recovery $50. 

Label Nos. 10086, 10087.— Referred to J. H. Throop. Recovery $50. 

Label No. 10104.— Settled by Attorney J. H. Throop. Recovery $50. 

Label Nos. 10065, 10066.— Referred to J. H. Throop. Recovery $50. 

Label No. 8571.— Referred to James T. Rogers. Pending. 

Label No. 9423.— Referred to J. T. Rogers. Pending. 

Label No. 9454.— Referred to J. T. Rogers. Pending. 

Label No. 9425.— Referred to J. T. Rogers. Pending. 

Label Nos. 9427, 9428.— Referred to J. T. Rogers. Pending. 

Label Nos. 8573, 8574.— Referred to J. T. Rogers. Pending. 

Label No. 9430.— Referred to J. T. Rogers. Pending. 

Label No. 9437.— Referred to J. T. Rogers. Pending. 

Label Nos. 9431, 9432.— Referred to J. T. Rogers. Pending. 

Label No. 10058.— Referred to J. T. Rogers. Pending. 



Commissioner of Agriculture. 203 

'Label Nos. 10059, 10060.— Referred to J. T. Rogers. Pending. 
Label No. 10080.— Referred to J. T. Rogers. Pending. 
Label No. 9424.— Referred to J. T. Rogers. Pending. 
Label Nos. 10081, 10082.— Referred to J. T. Rogers. Pending. 

The following are milk cases made prior to September 30, 
1901, in which the Attorney-General has not yet designated 
attorneys : 

Label Nos. 8565, 9404, 9406, 10094, 10096, 10106. 

MILK PRESERVATIVE. 

The following is a case for violation of the Agricultural Law 
by selling milk preservative: 

Label No. 4. — Referred to J. T. Rogers. Pending. 

VINEGAR. 

Label No. 975.— Supreme Court, June 23, 1899, and at a session of the Court held In 
December, 1900, Judge Andrews presiding, the action was dismissed because of techni- 
calities resulting from an amendment to the law, which went into effect 19 days after 
sample in the case was taken. 

Label Nos. 972, 989, 991.— Case affected by the same legal technicalities as preceding 
case, and discontinued in December, 1900. 

Label No. 3211.— Referred to Risley & Love. Pending. 

Label No. 3202.— Referred to Risley & Love. Pending. 

Label No. 3205.— Referred to Risley & Love. Pending. 

Label No. 3204.— Referred to Risley & Love. Pending. 

The following are vinegar cases made prior to September 30, 
1901, in which attorneys have not yet been designated by the 
Attorney-General : 

Label Nos. 1154, 1155. 

VEAL. 

Some of these cases were made before the scheme was devised 
'Of designating veals by tag numbers. I am therefore obliged to 
.report some of the cases by the name of the defendant. 

People v. Zenas Jackson.— Supreme Court. Recovery $50. 

People v. E. J. Albro.— Referred to Frederick Hatch June 4, 1900, and attorney in- 
structed by Attorney -General to suspend proceedings until further notice from him 
pending further investigation. 

People v. E. Hopkins. — Supreme Court. Pending. 

People v. H. Page.— Supreme Court. Recovery $150 penalty and $216 costs. 

People v. David Bryant.— Supreme Court. Discontinued by advice of Attorney-Gen- 
eral upon question of doubt as to defendant being personally guilty. 

People v. William Hook. — Supreme Court. Pending. 

People v. Henry Martin.— Referred to R. E. Steele. Recovery $40. 

People v. G. Heffron. — Supreme Court. Attorney directed by Attorney-General to sus- 
pend proceedings until further notice from him, pending investigation as to guilt of 
defendant. 



204 Annual Report of the Commissioner of Agriculture. 

Tag No. 885.— Referred to J. H. Throop. Recovery $75. 

Tag No. 870.— Referred to J. H. Throop. Pending. 

Tag Nos. 236, 237, 239.— Referred to J. H. Throop. Recovery $100. 

Tag Nos. 870, 875, 877, 878, 879, 881, 882, 883.— Supreme Court. Pending. 

Tag No. 195.— Supreme Court. Recovery $75. 

Tag Nos. 804, 821.— Referred to A. L. Kellogg. Action discontinued. 

Tag Nos. 816, 817.— Settled direct with the Attorney-General March 25, 1901, by th© 
payment by defendant of $25. 

Tag No. 820.— Referred to M. H. Kiley. Recovery $60. 

Tag No. 803.— Referred to M. H. Kiley. Recovery $35. 

Tag Nos. 913, 914.— Referred to M. H. Kiley. Pending. 

Tag Nos. 848 to 850, and S52 to 867.— In this case 19 veals seized. Referred to J. T. 
Rogers. Pending. 

Tag Nos. 828 to 834.— In this case 7 veals seized. Referred to J. T. Rogers. Pending. 

Tag Nos. 823 to 827, and 895 to 897, and, 902.— In this case 12 veals seized on various 
dates, 3 of which did not bear tag numbers. Referred to J. T. Rogers. Pending. 

Tag Nos. 868, 869.— Referred to J. T. Rogers. Pending. 

Respectfully submitted. 

CHARLES T. RUSSELL, 

Assistant Commissioner. 






Report of Verlett C. Beebe. 

Hon. Charles A. Wieting, Commissioner of Agriculture: 

Dear Sir — I have the honor to herewith submit my annual 
report as Assistant Commissioner of Agriculture for the Seventh 
Division for the year ending September 30, 1901. 

The year has been a busy one in our work. Several circum- 
stances have made it more so than in the years immediately 
preceding it. It is hardly necessary to say that the principal 
part of such work has been required in the investigation of milk 
and its products. The proximity of the district to the Pan- 
American Exposition at Buffalo increased by much the ship- 
ments of milk to that city. Much additional vigilance was en- 
tailed on that account. The opportunity was at hand for those 
disposed to violate the agricultural law to attempt to reap 
richly from the sales. Mindful of this, during the exposition 
much effort was centered in investigations along the lines of 
railroads leading to that city. Violations were discovered, yet 
the number was not large when considered in comparison with 
the number and amounts of shipments. 

Again, more violations of the law were found throughout the 
division than in any of the previous years of my connection with 
the Department, and more cases were prosecuted to a success- 
ful conclusion than during any year of such time. The new 
duties required by the act of 1901 with reference to diseases 
among domestic animals occasioned extra work, and during nine 
months of the year I had the aid of but three agents in place 
of four as heretofore. The extended sickness and death of Mr. 
Charles J. Morgenstern, one of the agents, left the number such. 

"While an unusually large number of violations were found, I 
do not attribute this to an increase in the actual number of such, 
but rather to the increased skill of the agents, born of experi- 
ence. At all times it has been our effort to teach and advise 
the milk producers in the care of their product, and to instruct 
the cheese makers along the same lines and in keeping their fac- 



20G Ninth Annual Report of the 

tories and surroundings in proper sanitary condition. All of the- 
creameries and nearly all of the cheese factories in the district 
have been visited and inspected at least once during the year. 
In general it may be said that the condition of these has been 
improved. Each year seems to show a general betterment in 
the care of milk on the part of the producer. The dairymen, 
seem to accept in the right spirit the aid extended by this 
Department. 

Violations have been prosecuted with vigor. Under the law 
as it now stands little opportunity is fairly offered for the claim 
that the sample analyzed was not a proper sample, or that the 
analysis was incorrect. Upwards of $1,650 in penalties was col- 
lected, and at the close of the year the number of pending cases 
was comparatively large. 

No oleomargarine has been found except on one occasion. 
This was at Elmira on May 13th last, and it was brought into- 
the State by Walter L. Main, of Geneva, Ohio. He is the pro- 
prietor of a large circus employing several hundred hands, and 
he was then showing at that place. Myself and agents visited 
his cooking establishment and dining tent and there found oleo- 
margarine being furnished the employees. Prompt action was- 
necessary, as the show was to be removed that night to Pennsyl- 
vania. Samples were taken, the Department of Agriculture at 
Albany was notified and an attorney was immediately there- 
after designated. An action charging two violations was com- 
menced and an attachment issued under which the show prop- 
erty was seized. Despite the attachment the property seized 
was placed on board of cars by the show people for removal. 
Notice to the railroad company was immediately given forbid- 
ding this and the property was held. Subsequently $200 penalty 
was paid. 

Large quantities of renovated butter are found in the markets, 
being sold and offered for sale under the regulations of the law. 
For the proper protection of the many consumers it would seem 
to me that the present act hardly meets their needs. While the 
original package is plainly marked as required by law, the con- 



Commissioner of Agriculture. 207 

sumer rarely sees such package, and consequently seldom knows 
its contents. I would respectfully suggest that the law be so 
amended as to require all sellers to deliver with each package 
or purchase a statement in writing showing that the contents 
is renovated butter. 

Little disease among cattle has appeared. My attention has 
been brought to two cases of lump jaw and one of black quarter. 
The provisions of the so-called " Bob Yeal " act are generally 
observed throughout the division so far as my investigation has 
shown. But one violation has been found. 

In March last several cases of rabies were found in the coun- 
ties of Wyoming and Genesee. Much time during that month 
was given to this matter. Many dogs bitten were killed and all 
other dogs in the localities quarantined. I am pleased to report 
that only one person was bitten. This was Mr. John Volker, of 
Attica, Wyoming county, N. Y. He was promptly sent to Pas- 
tuer's Institute, New York, and no serious results have followed. 

As usual during the winter months considerable attention was 
given to vinegar. However, no violations were discovered. 

A summarized statement of the work of the agents of this 
division follows: 

DETAILED REPORT OF WORK PERFORMED. 

The following tables give a complete detailed report of the 
work performed by each employee in the Seventh Division of the 
Department for the year ending September 30, 1901: 

ROMAINE A. FRENCH. 

Number of days inspecting milk 149 

Number of days inspecting butter 11 

Number of days inspecting vinegar 9 

Number of days inspecting cream 3 

Number of days inspecting herds of cattle 2 

Number of days taking samples of milk of herds 14 

Number of days attending court 7 

Number of days making complaints for prosecution 5 

Number of days special work 23 

Number of days obtaining reports of cheese factories 2 

Number of days inspecting railroad freight depots and express offices for oleo- 
margarine 3 

Number of days looking after dogs with rabies 11 

Total days 239 



208 Ninth Annual Report of the 

Number of cheese factories inspected S3 

Number of creameries inspected 13 

Number of butter creameries inspected 12 

Number of condensaries inspected 5 

Number of milk stations inspected 40 

Number of milk cars inspected 20 

Number of Schweitzer cheese factories inspected 3 

Number of herds of cattle inspected 3S 

Number of stables inspected 29 

Number of vinegar manufactories inspected 2 

Total 212 

Number of cans milk inspected at cheese factories 1,435 

Number of cans of milk inspected at butter factories 702 

Number of cans of milk inspected at condensaries 140 

Number of cans of milk inspected at creameries 399 

Number of cans of milk inspected on wagons of milk peddlers 934 

Number of cans of milk inspected on railroad trains 1,721 

Number of cans of milk inspected at railroad stations 930 

Total cans milk inspected 6,261 

Number of samples of milk delivered to chemist from milk dealers 37 

Number of samples of herds milk delivered to chemist 16 

Number of samples of milk below State standard 21 

Number of samples of milk assisted in taking 17 

Number of samples of milk of herds assisted in taking 20 

Butter Inspected. 

Number of specimens of butter inspected 418 

Number of samples of oleomargarine delivered to chemist 2 

Vinegar Inspected. 

Number of barrels of vinegar inspected 80 



CHARLES J. MORGENSTERN FROM OCTOBER 1, 1900, TO JANUARY 1, 1901. 

(Mr. Morgenstern was taken sick during the month of January and died on the 8th 
day of May, 1901. He had long been a faithful employee of this division.) 

Number of days inspecting milk 12 

Number of days inspecting vinegar 4 

Number of days taking samples of milk of herds 3 

Number of days obtaining evidence in cases 4 

Number of days attending court 2 

Total days 25 

Number of cheese factories inspected 1 

Number of creameries inspected 6 

Number of milk stations inspected •. 2 

Number of milk cars inspected 2 

Number of herds of cattle inspected 3 

Number of stables inspected j 

Total /. "" 17 



Commissioner of Agriculture. 209 

Number of cans of milk inspected at cheese factories \ 93 

Number of cans of milk inspected at butter factories 66 

Number of cans of milk inspected at condensaries 28 

Number of cans of milk inspected on wagons of milk peddlers 119 

Total cans of milk 313 

Number of samples of milk delivered to chemist from milk dealers 8 

Number of samples of herds milk delivered to chemist 3 

Number of samples of milk below State standard 8 

Vinegar Inspected. 

Number of barrels of vinegar inspected 54 

LEON D. SPINK. 

Number of days inspecting milk 131 

Number of days inspecting vinegar 4 

Number of days inspecting herds of cattle 4 

Number of days attending court 7 

Number of days obtaining evidence in cases 2 

Number of days making complaints for prosecution 6 

Number of days subpoenaing witnesses 1 

Number of days special work 20 

Number of days obtaining reports of cheese factories 3 

Number of days inspecting butter 10 

Number of days inspecting cream 3 

Number of days taking samples of cream 2 

Number of days taking samples of milk of herds 6 

Number of days inspecting railroad freight depots and express offices for oleomar- 
garine 3 

Number of days looking after dogs with rabies 12 

Total days 213 

Number of cheese factories inspected 52 

Number of creameries inspected 11 

Number of butter creameries inspected 12 

Number of condensaries inspected 2 

Number of milk stations inspected 31 

Number of milk cars inspected 16 

Number of Schweitzer cheese factories inspected 4 

Number of herds of cattle inspected > 39 

Number of stables inspected 34 

Total 201 

Number of cans of milk inspected at cheese factories '. 1,630 

Number of cans of milk inspected at butter factories 367 

Number of cans of milk inspected at creameries 449 

Number of cans of milk inspected at condensaries 33 

Number of cans of milk inspected on wagons of milk peddlers 832 

Number of cans of milk inspected on railroad trains 1,474 

Number of cans of milk inspected at railroad stations 728 

Total cans of milk inspected 5,513 

Number of samples of milk delivered to chemist from milk dealers 41 

Number of samples of herds' milk delivered to chemist 16 

Number of samples of milk below State standard * 29 

14 



210 



Ninth Annual Report of the 



Number of samples of milk assisted in taking 12 

Number of samples of herds' milk assisted taking 10 

Butter Inspected. 

Number of specimens of butter inspected 290 

Number of samples of oleomargarine assisted in taking w 2 

Vinegar Inspected. 

Number of barrels of vinegar assisted inspecting 34 

M. T. CAIN. 

Number of days inspecting veals at railroad stations, express offices, express 

cars, slaughter-houses, meat markets and meat wagons 183 

Number of days assisting inspecting milk 26 

Number of days assisting taking samples of milk of herds ; 8 

Number of days assisting inspecting butter 2 

Number of days assisting inspecting freight depots and express offices for oleo- 
margarine 3 

Number of days assisting inspecting circus cooking establishments' dining hall 

at circus grounds and witnessing taking samples of oleomargarine 6 

Number of days obtaining reports of creameries 3 

Number of days examining herds of cattle 3 

Number of days special work 8 

Total days 242. 

Number of express offices examined 365- 

Number of cars examined 147 

Number of slaughter-houses examined 8 

Number of meat markets examined 91 

Number of butchers' wagons examined 51 

Number of packing houses examined 26- 

Total 688- 

Number of veals seized 3- 



PROSECUTIONS.— MILK. 

Case No. 9220.— Recovery $50 and costs. 

Case No. 9755.— Recovery $50 and costs. 

Case No. 9751.— Recovery $50 and costs. 

Case No. 9209.— Recovery $50 and costs. 

Case No. 9221.— Recovery $50 and costs. 

Case No. 9222.-rRecovery $50 and costs. 

Case No. 9223.— Recovery $50 and costs. 

Case No. 9231.— Recovery $50 and costs. 

Case No. 89G1.— Recovery $50. 

Case No. 9978.— Recovery $50 and costs. 

Cases Nos. 9758, 9759.— Recovery $50 and costs. 

Cases Nos. 9988, 9990.— Recovery $50 and costs. 

Case No. 9338.— Supreme Court, Wyoming county. 

Cases Nos. 11253, 11254.— Recovery $50 and costs. 

Case No. 9999.— Recovery $50 and costs. 

Case No. 9903.— Recovery $50. 

Case No. 7194.— Discontinued. 



Verdict, no cause of action. 



Commissioner of Agriculture. 211 

Case No. 9977.— Recovery $50 and costs. 

Case No. 9225.— Recovery $50. 

Case No. 9189.— Discontinued owing to the death of Agent C. J. Morgenstern. Because 
of the death of said agent proof of plaintiff's case could not be made. 

Case No. 11276. — Recovery $50 and costs. 

Case No. 11277.— Recovery $50. 

Ca;;e No. 11251.— Recovery $50. 

Case No. 9763. — Recovery $50 and costs. 

Cases Nos. 9986, 9987.— Recovery $50 and costs. 

Case No. 9168.— Recovery $25. 

Case No. 6696.— Recovery $25. 

Cases Nos. 9968, 9969, 9970, 9971, 9967.— Recovery $125. 

Case No. 7266.— Recovery $25 and costs. 

Cases Nos. 9787, 9788, 9789, 9790.— Settled by payment of costs by order of the Attor- 
ney-General. 

Cases Nos. 9972, 9973.— Recovery $100. 

Case No. 9185.— Recovery $25 and costs. 

Case No. 9184.— Recovery $25 and costs. 

Case No. 8071.— Supreme Court, Genesee county, N. Y. Discontinued owing to the 
death of Agent C. J. Morgenstern. Because of the death of said agent proof of 
plaintiff's case could not be made. 

Case No. 9309.— Supreme Court. Genesee county, N. Y. Court ruled no cause of 
action. 

Case No. 8085.— Supreme Court, Wyoming county, N. Y. Trial resulted In a verdict 
of no cause for action. 

OLEOMARGARINE. 

Cases Nos. 4265, 4267.— Recovery $200. 

MILK PROSECUTIONS. 

The following cases are pending: Nos. 9952, 9169, 9315, 9327, 9331, 9333, 9334, 9212, 
9213, 9243, 9244, 9245, 9247, 9191, 9965, 9957, 9962, 8073, 9208, 9760, 11282, 9219, 9224, 9766, 9998, 
10000, 11270, 8051, 9772, 9161, 9162, 9762, 10779, 9230, 9983, 9775, 9975, 11265, 11267, 9163, 9980, 
9981, 9982, 11279, 11259, 11257, 11260, 11262, 11258, 7190, 7191, 7282, 9175, 9339, 9218, 11269, 9770, 
9771, bob veal case. 

In closing I wish to thank the agents, chemist and counsel 
for the interest and zeal shown in the discharge of their duties. 
Respectfully yours, 

VERLETT C. BEEBE, 

Assistant Commissioner. 



Report of William T. Hughes. 



Hon. Charles A. Wieting, Commissioner of Agriculture: 

Dear Sir. — As Assistant Commissioner for the Eighth Divi- 
sion, comprising the counties of Cayuga, Monroe, Ontario, 
Seneca, Wayne and Yates, I have the honor to submit the follow- 
ing report of agricultural conditions and of the work performed 
under my direction during the year ended September 30, 1901: 

Probably no other section of the State better illustrates the 
changed conditions of agriculture than the Genesee Valley. 
Comparatively a few years ago this was one of the great grain 
producing regions of the country. Two causes have led to the 
loss of its pre-eminence in this direction — the opening to tillage 
of vast tracts of cheaper land in the West, and the demands of 
the rapidly growing urban population of the East for dairy 
products, fowls, eggs,_fresh fruits and vegetables. 

The farmer is learning rapidly that his best hope of prosperity 
lies in catering to the wants of the cities and villages of the 
State, and especially to the great New York market. The prod- 
ucts of State farms command the best prices in New York 
because they reach there in better condition than those which 
have to be preserved by artifical means for several days during 
transportation. 

One result of the new methods in farming is seen in the 
cutting up of large estates into small farms. This has been 
noticeable in the vicinity of Rochester, where the former wheat 
fields of several townships have been converted into market 
gardens. Farmers have found that by careful cultivation of 
articles of food for urban consumption it is possible to make 
five acres of land earn as much money as could formerly be 
made by seeding one hundred acres with grain. The adoption 
of the system of small farming undoubtedly has prevented an 
enormous loss in the aggregate value of the farm lands of the 



Annual Report of the Commissioner of Agriculture. 213 

State. In those localities where the method has been put in 
practice land values have been multiplied, while in sections 
where farming is conducted on old-fashioned lines there has 
been a steady decrease in the selling price of farms. 

Fruit culture is a prominent and remunerative feature of 
modern farming. Products of the orchard, the vineyard and the 
berry patch find a ready market, and fruit growers, as well as 
producers of garden vegetables, are protected against loss in 
case of overproduction by the demand of canning factories for 
the surplus of their crops. There are many such factories in 
this division, some of which send their products to all parts of 
the world. They exercise a powerful influence in sustaining the 
prices of fruits and vegetables. 

Great benefit results from the efforts of this Department and 
the agricultural societies of the State to educate farmers in 
everything which pertains to their calling. The State and local 
fairs and the farmers' institutes are agencies of the highest 
value for the dissemination of practical knowledge, and the 
liberality of the Legislature in making appropriations for these 
purposes is appreciated by the rural population. The agricul- 

i 

tural press also is doing valuable work in giving information 
of every development of scientific and economic farming, and is 
entitled to the cordial support of all who are interested in the 
progress of agriculture. This year the farmers of this State 
have been especially favored in the holding of the Pan-American 
Exposition at Buffalo, where the exhibits of this Department 
and of the National Department of Agriculture have been of 
great educational value. 

One of the most striking results of the adoption of new 
methods in agriculture has been the production of a scarcity of 
farm labor never before known in this State. In spite of the 
high wages offered it is impossible to obtain an adequate supply 
of help, and this appears to be true in other States as well as 
in New York. The labor problem is the most serious one which 
now confronts the farmer. At the same time we read con- 
stantly of the " army of unemployed " in the cities and of the 



■'.-> 



214 Ninth Annual Report of the 

distress of the tenement population of New York. It may be 
that the natural law of supply and demand in time will correct 
the conditions which now work to the disadvantage of both city 
and country, but if philanthropists and social reformers could 
induce some of the surplus labor of the great cities to seek 
employment on the farms they would confer an immediate 
benefit on all concerned. 

One of the chief needs of a State like this, nearly three- 

7 t, 

fourths of whose people live in cities and large towns, is an 
adequate supply of pure milk. As in former years, my efforts 
have been directed largely to this end. That the dairy interests 
of the State are inadequate to meet the demands made upon 
them is proved by the scarcity of the product, which always 
occurs in summer. There is never a vear that we do not hear 
of a milk famine in New York, and it is this condition which 
furnishes the temptation and the excuse for adulteration of one 
of the most important articles of food. 

Owing to the taking up of large tracts of near-by lands for 
market gardening, the city of Rochester draws its milk supply 
year after year from points farther and farther distant. This 
results in an increase in the proportion of milk shipped into the 
city by rail and a decrease in that drawn in on wagons and 
peddled by the producers. This condition in itself fosters 
adulteration, since a dairyman who might hesitate to deliver 
impure milk to customers whom he personally knows is less 
scrupulous in dealing with a middleman. 

During the winter and spring months of this year our agents 
found that the milk delivered to consumers in this division was 
almost uniformly of good quality. "With the advent of hot 
weather, however, the usual number of cases of adulteration 
was discovered. It has been urged in some cases, as in a 
measure excusing dealers for selling milk below standard, that 
they were compelled to adulterate it in order to supply all their 
customers. In some cases the delinquents took refuge behind 
the excuse that the milk produced by their cows was of poor 
quality, but tests at the dairies in all instances disproved these 



Commissioner of Agriculture. 215 

statements. Every case affording reasonable ground for prose- 
cution was reported promptly to you. 

During the last year decisions have been rendered by the 
courts on a case arising in this division which are likely to have 
a far-reaching effect on prosecutions for the sale of milk which 
fails to meet the legal standard. The case was No. 8422, en- 
titled " The People against Mathew Wiard," an action for a 
penalty in the Supreme Court. The action was the result of an 
inspection of eight cans of milk offered for sale by the defend- 
ant. The samples taken from some of the cans, when tested by 
the Babcock machine, were found to be below the legal standard 
in fat and solids. One of the samples was analyzed by Prof. S. 
A. Lattimore, and upon his report the proceedings were insti- 
tuted. Justice Nash, before whom the case was tried on Octo- 
ber 26, 1900, dismissed the complaint, holding that the agents 
of the Department ought to have mixed the entire shipment of 
milk and taken a sample from the mass. On appeal his decision 
was affirmed by the Appellate Division. It remains for the 
Court of Appeals to pass finally upon the important question 
raised by this case. 

Experience in this division proves that the decisions above 
-cited, if sustained by the court of last resort, will operate in 
many cases to protect producers in the sale of milk, portions of 
which do not satisfy the requirements of law. In numerous 
instances agents of the Department, testing several cans of milk 
in the possession of a producer, have found one or more cans 
below the legal standard and others above. It generally occur- 
red that, applying the rule laid down by Justice Nash, a sample 
taken from the whole mass would have been above the stand- 
ard or so near it as to render improbable the success of a prose- 
cution of the producer. Where the milk produced by a dairy is 
of good quality it would be possible to skim or water the even- 
ing's milk and yet leave it in such a state that, when mixed with 
the product of the morning milking, the mass would be above 
standard. Should the Court of Appeals sustain the decisions 
under which such an abuse is possible, the interests of con- 



216 Ninth Annual Report of the 

sumers may require further action on the subject by the Legis- 
ature. 

Much attention has been given to the enforcement of the law 
requiring proper sanitary conditions in dairy barns. There has 
been a steady and vast improvement in this direction since the 
enactment of the statute. In addition to prosecuting offenders, 
efforts have been made, and with much success, to convince 
owners of dairies that it pays to provide clean and comfortable 
quarters for their cattle. 

A like improvement has been brought about by the efforts of 
the Department in the sanitary arrangements of cheese factories 
and creameries throughout this division. Proprietors of these 
establishments have been made to realize that their products 
must be sent to market not only free from adulterants, but that 
the law requires that they shall be clean and uncontaminated by 
the germs of disease. Agents have been instructed that no 
duty is more important than to enforce absolute cleanliness in 
all places where articles of food are prepared. 

Many inspections have been made in all parts of the division 
with a view to ascertaining the healthfulness of horses, cattle 
and hogs. Not a single case of infectious disease has been dis- 
covered. 

On March 20, 1901, you called my attention by letter to re- 
ported outbreaks of rabies in various portions of this division, 
and particularly in the villages of Churchville and Honeoye 
Falls. Similar reports had come to my notice prior to your 
communication and had been thoroughly investigated by agents 
Bernhard, Langdon and Quigley, so that I was able to assure 
you on March 26th that there was no proof that a single case of 
the disease had occurred in this division. My conclusion was 
confirmed by the fact that no genuine case of the malady was 
discovered at any later period, while the alarm produced by 
sensational rumors speedily subsided. At about the same time 
the subject was investigated by the board of supervisors of 
Monroe county and the common council of the city of Rochester. 
The former body, after much deliberation, dropped the subject, 



Commissioner of Agriculture. 217 

while the latter passed an ordinance designed to insure safety 
in the keeping of dogs within the city limits. 

No oleomargarine has been found on sale in this division. 
Agent Joseph M. Quigley ascertained that two small shipments 
of this product had been made by a Western manufacturer to 
keepers of boarding houses in Rochester. It was impossible to 
locate the consignees, to whom the goods were billed under 
fictitious names. It was learned, however, that a selling agency 
for the product existed in the Tenth Division, and the facts 
were reported to Assistant Commissioner James P. Clark. A 
successful prosecution of the dealer followed. 

Most of the vinegar sold in this division is the product of 
factories and of good quality. Every sample taken during the 
year was found to be above the legal standard. The law relat- 
ing to the sale and shipment of calves and veal was well ob- 
served. No cases were made under this statute. 

It gives me pleasure to acknowledge your cordial support in 
all matters to which I have called your attention during the 
year. I desire also to commend the faithful service of the four 
agents of the Department assigned to this division, and the zeal 
manifested by attorneys selected by the Attorney-General to 
prosecute cases reported by me. 

A summary of the inspections made during the year, together 
with detailed reports of the prosecutions instituted and the 
results obtained, will be found below: 

GEORGE BERNHARD. 

Cans of milk inspected 13,968 

Barrels vinegar inspected 346 

Packages butter inspected 400 

Number of milk inspections 2,913 

Number of vinegar inspections 143 

Number samples milk below standard 37 

Number samples milk taken 226 

Number samples vinegar taken 3 

Number creameries inspected 40 

Number cheese factories inspected 6 

Number milk stations inspected 1 

Number barns inspected 39 

Number dairies inspected 39 

Days attending court 6 

Days special work 8 



218 Ninth Annual Report of the 

james e. langdon. 

Cans of milk inspected 13.787 

Barrels vinegar inspected 402 

Packages butter inspected 509 

Number of milk inspections 2,872 

Number of vinegar inspections 178 

Number samples milk below standard 35 

Number samples milk taken 218 

Number samples vinegar taken 3 

Number creameries inspected 29 

Number cheese factories inspected 6 

Number milk stations inspected 1 

Number barns inspected 25 

Number dairies inspected 25 

Days attending court 10 

Days special work 4 

JOSEPH M. QUIGLEY. 

Cans of milk inspected 7,152 

Barrels vinegar inspected 552 

Packages of butter inspected 2,265 

Carcasses veal inspected 2,023 

Number of milk inspections 1,654 

Number of vinegar inspections 61 

Number samples of milk below standard 35 

Number samples of milk taken 181 

Number creameries inspected 34 

Number cheese factories inspected 12 

Number milk stations inspected 4 

Number barns inspected 80- 

Number dairies inspected .' 80 

Days attending court 12 

Days special work 10 

JOHN W. SMITH. 

Cans of milk inspected 6,356 

Barrels vinegar inspected 281 

Packages butter inspected 716 

Carcasses veal inspected 3,660 

Number of milk inspections 1,529 

Number vinegar inspections 40- 

Number samples of milk below standard 31 

Number samples of milk taken 176 

Number creameries inspected 35 

Number cheese factories inspected 9 

Number milk stations inspected 10- 

Number barns inspected 29 

Number dairies inspected 29 

Days attending court 6 

Days special work 2 

PROSECUTIONS.— MILK. 

Case No. 8422.— Non-suit granted defendant. Case appealed. 

Case No. 8437.— Non-suit granted defendant. 

Cases Nos. 9087, 9088, 9803.— Recovery $103.55 and $30.69 costs. 



Commissioner of Agriculture. 219 

Cases Nos. 9837, 9838.— Cases dropped. 

Case No. 9839.— Cream.— Non-suit granted defendant. Appealed from and new trial 
ordered. 

Case No. 9853.— Cream.— Recovery $25 and $27 costs. 

Case No. 9866.— Milk.— Recovery $25 and $26.50 costs. 

Case No. 9871.— Recovery $27 and costs. 

Case No. 9873.— Recovery $35 and $49 costs. 

Case No. 9882.— Pending. 

Case No. 9889.— Pending. 

Case No. 9890.— Cream.— Pending. 

Case No. 9897.— Milk.— Pending. 

Case No. 9891.— Pending. 

Cases Nos. 10451, 10453.— Recovery $50 and $60 costs. 

Cases Nos. 10455, 10450, 10458, 10460, 10461 and 10462.— Pending. 

Case No. 10478.— Tried in County Court. "Verdict of no cause of action. Appealed oa 
judge's minutes and new trial granted. 

Case No. 10485.— Recovery $25 and $25 costs. 

Case No. 10490.— Pending. 

Cases Nos. 10492, 10493.— Recovery $50 and $50 costs. 

Case No. 10501.— Defendant convicted in Police Court and judgment suspended. 

Case No. 10502.— Dropped. 

Case No. 10504. — Recovery $50 and costs. 

Case No. 10509.— Pending. 

Case No. 10513.— Pending. 

Case No. 10515 — Defendant convicted in Justice's Court and sentence suspended. 

Case No. 10519.— Recovery $25 and $25 costs. 

Case No. 10520.— Recovery $25 and $25 costs. 

Case No. 10527.— Pending. 

Case No. 10535.— Recovery $25 and $27 costs. 

Cases Nos. 10537, 10538.— Recovery $50 and $59.56 costs. 

Cases Nos. 10547, 10550.— Recovery $50 and $56.32 costs. 

Case No. 10553.— Recovery $100. 

Case No. 10555.— Pending. 

Cases Nos. 10561, 10566.— Recovery $200. 

Case No. 10568.— Recovery $100. 

Case No. 10584.— Recovery $25 and $31.88 costs. 

Case No. 10591.— Recovery $25 and $25 costs. 

Cases Nos. 10730, 10731, 10732.— Recovery $200. 

Case No. 10746.— Recovery $25 and $29.60 costs. 

Cases Nos. 10804, 10805.— Pending. 

Case No. 10806.— Pending. 

Cases Nos. 10814, 10815.— Recovery $50 and $57 costs. 

Case No. 10818.— Pending. 

Case No. 10841.— Pending. 

Case No. 10842.— Pending. 

Cases Nos. 10843, 10844.— Pending. 

Cases Nos. 10901, 10902, 10903, 10904 and 10905.— Pending. 

Case No. 10926.— Pending. 

Case No. 10927.— Pending. 

Case No. 10930.— Pending. 

Case No. 10934.— Pending. 

Case No. 10936.— Pending. 

Case No. 10939.— Pending. 

Case No. 10940.— Pending. 

Case No. 10947.— Pending. 

Case No. 10951.— Pending. 



220 Annual Report of the Commissioner of Agriculture. 

Case No. 11003.— Pending. 

Case No. 11005.— Pending. 

Case No. 11011.— Pending. 

Case No. 11025.— Recovery $100 and $29. 6C costs. 

Cases Nos. 11028, 11029.— Pending. 

Cases Nos. 11031, 11032.— Pending. 

Cases Nos. 11040, 11042.— Pending. 

Case No. 11041.— Pending. 

Case No. 11044.— Pending. 

Case No. 11045.— Pending. 

Case No. 11051.— Pending. 

Case No. 11057.— Pending. 

Case No. 11066.— Pending. 

Cases Nos. 11074, 11075.— Pending. 

MILK SUPPLY OF ROCHESTER. 

Gallons. 

Shipped via New York Central and West Shore railroads 1.372,400 

Shipped via Erie railroad 657,000 

Shipped via Lehigh Valley railroad 73,100 

Shipped via Buffalo, Rochester and Pittsburg railroad 71,500 

Shipped via Sodus Bay railroad 52,560 

Shipped via Pennsylvania railroad 7,400 

Shipped via Rome, "Watertown and Ogdensburg railroad 7,350 

Brought in by wagons, estimated 3,520,600 

Produced from cows in city 424,000 

Cream received via railroad and wagons 99,110 

Total 6,285,020 

Respectfully submitted. 

WILLIAM T. HUGHES, 

Assistant Commissioner. 



Report of John H. Grant. 



Hon. Charles A. Wietixg, Commissioner of Agriculture: 

Dear Sir. — I have the honor to submit the annual report of the 
Ninth Division of the Department, comprising the counties of 
Erie, Niagara and Orleans, for the year beginning October 1, 
1900, and ending September 30, 1901. 

On October 15, 1900, 1 was appointed by you as Assistant Com- 
missioner, relieving on October 18th Mr. W. C. Patrick, who had 
been in charge of the division the preceding seven months. On 
assuming charge the working staff of this office consisted of five 
special agents, viz.: John J. Coughlin, John R. Earl, William B. 
Reading, Clayton J. Standart and Charles A. Warren, all men of 
intelligence and extended experience and who rendered the State 
good service in the detection of violations of the Agricultural 
Law. The Department chemist, Dr. John A. Miller, has faith- 
fully performed his work early and late, and has furnished 
valuable counsel to myself and agents many times during the 
year. 

Owing to the Pan-American Exposition the work of the divi- 
sion has been much increased during the year, and to the cour- 
tesy of the exposition management we are indebted for unhin- 
dered admittance to the grounds at all times on official duty. 
This official scrutiny, I believe, reduced to the minimum the intro- 
duction and sale of adulterated and prohibited products within 
or near the exposition. 

MILK. 

The supervision of the milk supply in Buffalo engrossed the 
attention and time of the agents to a considerable decree: 
especially has this been so in doubtful cases between the retail 
dealer and producer, entailing, as it does, looking into the local 
station supply, the producer's shipping station and his herd. 
One of the most important matters connected with a city milk 
supply not only to the consumer but to the retail peddler is to 
have a milk supply of full nutritive value; i. e., above the mini- 
mum of the legal standard. It has been my experience that at 
certain times, and in some instances at all times of the year, 



222 Ninth Annual Report of the 

retail milk dealers are found with milk verging on the minimum 
or below in fat and solids not fat, and upon investigation the 
cause has been brought home to the herd from which the milk 
was produced. There is a great deal of this poor milk being dis- 
posed of in large cities, side by side with milk of good quality 
and at the same price, cheating the consumer of a portion of 
what he pays for and frequently causing the innocent milk ped- 
dler to have his good name impugned. Most of this kind of milk 
is worked off to restaurants and cheap eating places. To reach 
cases of this nature, where two or more cows in a herd are old 
and fit only for beef, an amendment to the laws governing the 
sale of milk might be made requiring Babcock tests of the milk 
of each cow separately in suspected herds, and if any are found 
deficient, the sale of milk of such herds should be forbidden until 
the deficiency is made good by substitution of younger or better 
animals. In this division about 30 cases of this kind have been 
investigated during the year, occasioning considerable work and 
expense without any tangible results, except that in one case 
two old cows were replaced by two younger ones, with a result 
of raising the fat content of the herd's milk from 2.8 to 3.5 per 
cent. 

The total quantity of milk and cream received in Buffalo dur- 
ing the year has been over 12,000,000 gallons, divided among 
sources of transportation as follows: 

Gallons. 

Delaware, Lackawanna and Western Railroad 1,081,303 

Erie Railroad 2,500,000 

Buffalo, Rochester and Pittsburg Railroad 866,499 

Pennsylvania Railroad (W. N. Y. & P.) 1,880,730 

New York Central and Hudson River Railroad 864,922 

West Shore Railroad 164,890 

American Express Company 411,830 

Wells-Fargo Express Company 1,747,200 

United States Express Company 400,000 

By wagon 2.200,000 

Total 12,117,365 



Commissioner of Agriculture. 223 



FACTORIES. 



There are 61 cheese factories and 17 creameries in this divi- 
sion, the surroundings of which, with one exception, were found 
in good sanitary condition. The one exception was an Italian 
cheese factory where conditions in vogue were not of the best, 
and the proprietor was instructed to place his factory in a :lean 
condition and protect the cheese made from exposure to insects, 
as the law prohibited the exposure for sale or the offering for 
sale of any unclean dairy product. All of the factories have 
not been inspected this year, but it is the intention to have them 
all thoroughly gone over at the beginning of the next season. 
The few complaints that have been made were attended to imme- 
diately after notification. 

OLEOMARGARINE AND RENOVATED BUTTER. 

But little oleomargarine or imitation butter has been 
found in this division during the year past. Systematic 
and thorough inspections have been made of all places 
likely to have either on hand for sale or use, such as 
-commission houses, hotels, railroad freigb* houses, express 
depots and restaurants, but except in one instance we have 
failed to find any. The one instance was the finding of three 
boxes of oleomargarine in a railroad freight house, but it was 
found later, after close watch, that the stuff had been sent here 
through a mistake and it was returned from whence it came. 
At the same time our agents discovered a number of tubs con- 
taining oleomargarine being transferred from one railroad car to 
another for shipment to a city in the interior part of the State 
and in another division. The Assistant Commissioner of that 
division was promptly notified, with the result that the party to 
whom it was consigned was found with it and was obliged to 
pay quite a penalty. It having come to my knowledge that lake 
steamboats plying between Buffalo and other lake ports outside 



224 Ninth Annual Report of the 

the State were serving their crews with oleomargarine while tied 
up to the docks in Buffalo, notices were sent to the managers 
of the principal transportation lines that they were violating 
Section 28, Article I, of the Agricultural Law, and that in future 
the law would be strictly enforced on all boats within our juris- 
diction. Following these notices an inspection was made on the 
boats with the result that six of them were found still serving 
the stuff on the crew's mess tables. These cases were referred 
to the Department at Albany for proscution. 

A great quantity of so-called renovated or process butter has 
been on sale in this division, and as a rule the original packages 
have been found marked as required by law, but in many in- 
stances, as in the prints, the law has not been fully observed, 
the words " Renovated Butter " being placed in an obscure part 
of the paper covering the print and sometimes entirely hidden 
by a fold of the paper. Again, rubber stamps are used which, 
while conforming to the law as regards length of letter, violates" 
its spirit by making the letter in hair-like lines and does not 
fulfill the clear intent of the law in requiring that the words 
u Renovated Butter" be plainly seen. Again, on the markets, 
the mass of butter is emptied from tubs and exposed on the 
counters for sale with good butter unmarked contrary to law. 
Some of the most flagrant cases have been reported to your 
office for prosecution. The excuse these marketmen give is 
that if the process butter be marked it can not be sold at their 
price, and if they do mark it they lose trade while their neighbor 
at the next stand with the same material unmarked has no 
trouble in selling. 



Commissioner of Agriculture. 225 

VINEGAR, 

Frequent inspections of vinegar factories and of wholesale 
and retail groceries have been made with the result that one 
of the factories has gone out of business besides paying quite 
a sum in penalties, while two others are now being prosecuted 
for making and selling a spurious cider vinegar. It is believed 
that a vigorous prosecution of these two concerns will prove 
that violations of the vinegar law by them is not a very profit- 
able business. Outside of these factories but little adulterated 
vinegar has been found. A few cases of cider vinegar bought 
of farmers on the market have been found a little below stand- 
ard, but as the article was otherwise pure they were not prose- 
cuted. A number of retail grocers have also been found with 
bad vinegar, but in every case it has been traced as coming from 
the three concerns mentioned. In some instances the grocers 
were backed by these factories, and all such have been referred 
to you for prosecution. 

BOB VEAL. 

We have endeavored to see that the immature veal law is 
observed. Some prosecutions have followed. Most of the veal 
used here for consumption is brought in by express companies 
and by wagon from near-by towns and villages. This latter 
requires strict watching, and for that reason this division is in 
need of the services of an expert bob-veal inspector. 

CONTAGIOUS DISEASES OF ANIMALS. 

This division has fortunately been free from any serious out- 
break of disease among animals during the year. One or two 
cases of rabies were reported from Orleans county, Murray 
township, occasioning some alarm, but prompt action on the part 
of the health board of the village of Holley, and of this Depart- 
ment in the village of Hulberton, in quarantining suspicious 
animals caused the alarm to be quieted and a disappearance of 
15 



220 Ninth Annual Report of the 

all traces of the disease. One case of supposed tuberculosis in 
a row in Wales township, Erie county, upon investigation by 
this office turned out to be a case of rheumatoid arthritis, with 
considerable emaciation. One case of supposed actinomycosis 
or lump jaw in the township of Golden was found to be a swel- 
ling in the jaw due to the presence of a foreign body bone. Two 
cattle were reported as having died of anthrax at Beach Ridge 
in Pendleton township, Niagara county. A local veterinarian 
was called in by the farmer and adopted precautionary meas : 
ures. I investigated the circumstances attending the case, and 
while not prepared to question the diagnosis made by the veter- 
inarian, the people there believe the animals died from overfeed- 
ing on green plants which may have been poisonous, and the 
symptoms described by them would tend to corroborate the con- 
tention. The bodies had been destroyed when I arrived on the 
ground and no post-mortem was held. 

BARNS AND COW STABLES. 

The general condition of cow barns has been fairly good, but 
there is room for improvement in ventilation and surroundings 
in many of them. A few complaints have been investigated but 
in each case were found to be groundless. A number of barns 
were inspected by the agents and myself that were found over- 
crowded and with unsanitary floors. In each instance the 
defects were pointed out to the owner and as a rule were 
remedied by them. This is an important part of our duties, as 
an overcrowded and unventilated barn is a menace to the health 
of the animals, producing among them a weakened condition 
and a less resistent power to bacterial invasion, as in bovine 
consumption, for instance. This is a subject that might well 
form part of the curriculum of our farmers' institutes. 

The special agents on duty in this division were employed 
during the year as follows: 



Commissioner of Agriculture. 



227 



HOW EMPLOYED. 



Milk. 

At railroad stations, cans inspected 

On wholesale wagons, cans inspected 

On peddlers' wagons, cans inspected 

In grocery stores, etc., cans inspected 

In milk dairies, cans inspected 

Milking of herds witnessed, number 

Samples of milk delivered to chemist, number 

In cheese and batter factory, number 

Total number cans inspected 

Vinegar. 

In factories, barrels 

In stores, barrels 

Vinegar samples delivered to chemist, number 

Total number barrels inspected 

Sutter. 

In stores, number specimens 

In hotels, restaurants, etc., number specimens 

Total number of specimens 

Inspecting veal, days 

Special duty — Inspecting cowbarns contagious diseases, 

etc., days 

Gathering evidence, days 

Attending court, days 

Whole number of days inspecting 

Whole number of da3 - s employed 



a 




ea 








p 




at 




"2 


<v> 


S 




■ 


03 


o 
O 


m 




a 
a 


•■a 


« 


W 


43 

00 


a 


a 
3 


a 


►s 


e 

1-3 


a 


fet 


d 


994 


1,195 


1,640 


1,406 


96 


130 


45 


140 


2,037 


2,693 


89 


2,338 


138 


53 


70 


185 


30 


28 


3 


41 


7 


5 


2 


9 


45 


64 


10 


56 


111 






77 


3,386 


4,104 


1,849 


4,187 


6 


21 


14 


13 


46 


155 


20 


45 


15 


33 


17 


15 


52 


176 


34 


58 


303 


1,109 


52 


485 


197 


286 


25 


136 


500 


1,395 


77 


621 


10 


17 


5 


7 


67 


31 


58 


29 


12 


2 


16 


7 


5 


13 


9 


11 


180 
274 


212 


81 


210 


275 


169 


264 



05 



1,195 

130 

2,741 

53 

28 

5 

64 



4,152 



21 

155 

33 

176 



1,109 
286 

1,395 

17 

28 

"l3 

220 



278 



PROSECUTIONS. 

The following- cases of violations of the Agricultural Law 
have been made, settled or otherwise disposed of during the 
year ended September 30, 1901: 

MILK. 

—Discontinued by direction of the Attorney-General. 

—Herd No. 1415. — Supreme Court, Erie county. Pending. 

—Supreme Court, Erie county. Pending on calendar. 

-Supreme Court, Erie county. Recovery $25 and $2G costs. 

-Herd No. 1416.— Supreme Court, Erie county. Recovery $25 and costs. 

-'Herd No. 1417.— Supreme Court, Erie county. Recovery $50 and $30.10 

unsatisfied. 

-Supreme Court, Erie county. Recovery $25 and $26 costs. 

—Herd No. 1418.— Supreme Court, Erie county. Recovery $25 and $25 

9700.— Supreme Court, Erie county. Pending. 
•Supreme Court, Erie county. Pending. 



Case 


No. 


9684. 


Case 


No. 


9688. 


Case 


No. 


9678.- 


Case 


No. 


9677.- 


Case 


No. 


9696.- 


Case 


No. 


9551. 


costs. 


Remains 


Case 


No. 


9695.- 


Case 


No 


9552 


•costs. 






Case 


No. 


9700.- 


Case 


No. 


9555.- 



228 Ninth Annual Report of the 

Case No. 9556.— Supreme Court, Erie county. Pending. 
Case No. 95C4.— Supreme Court, Erie county. Recovery $25. 
Case No. 95C7.— Herd No. 1420.— Pending. 

Case No. 9571.— Supreme Court, Erie county. Recovery $25 and $26 costs. 
Case No. 9566.— Supreme Court, Erie county. Recovery $50 and $15 costs. 
Case No. 9573. — Supreme Court, Erie county. Recovery $25 and $20 costs. 
Case No. 9572. — Supreme Court, Erie county. Recovery $25 and $15 costs. 
Case No. 9577. — Supreme Court, Erie county. Recovery $25. 
Case No. 9699.— Supreme Court, Erie county. Recovery $25. 

Case No. 9561. — This case was not served, as the People's counsel thought best not 
to because the sample was not actually taken from the defendant, but from a grocery 
store where it had been sold by defendant. 

Case No. 9580.— Herd No. 1419.— Supreme Court, Erie county. Recovery $50 and $25 
costs. 
Case No. 9581.— Herd No. 1419.— Discontinued. 
Case No. 9585.— Herd No. 1419.— Discontinued. 

Case No. 9588.— Supreme Court, Erie county. Recovery $50 and $27.22 costs. 
Case No. 9591.— Herd No. 1422.— Supreme Court, Erie county. Pending. 
Case No. 9593. ^Herd No. 1423. — Supreme Court, Erie county. Pending. 
Case No. 9587.— Herd No. 1424.— Supreme Court, Erie county. Pending. 
Case No. 9689.— Pending. 

Case No. 9708.— Supreme Court, Erie county. Recovery $25 and $26 costs. 
Case No. 9713.— Herd No. 1421.— Supreme Court, Erie county. Recovery $50 and $26.84 
costs and disbursements. 
Case No. 9596.— Supreme Court, Erie county. Recovery $25 and $26 costs. 
Case No. 9715.— Supreme Court, Erie county. Recovery $85 and $21.50 costs. 
Case No. 9721. — Supreme Court, Erie county. Recovery $75 and $26 costs. 
Case No. 9728.— Herd No. 1427.— Supreme Court, Erie county. Pending. 
Case No. 9726.— No action taken by counsel as defendant was accidentally killed on 
railroad in September, 1901. 
Case No. 9740.— Supreme Court, Erie county. Pending. 
Case No. 9736. — Supreme Court, Erie county. Recovery $25 and $26 costs. 
Case No. 9738. — No action taken by counsel as the defendant was accidentally killed 
on railroad in September, 1901. 
Case No. 10654. — Supreme Court, Erie county. Pending. 
Case No. 10661.— Herd No. 1432.— Supreme Court, Erie county. Pending. 
Case No. 10658. — Supreme Court, Erie county. Pending. 
Case No. 10663. — Supreme Court, Erie county. Pending. 

Case No. 10673. — Supreme Court, Erie county. Pending. 

Case No. 10677. — Recommended to be discontinued on payment of costs. 

Case No. 10684.— Herd No. 1433.— Supreme Court, Erie county. Pending. 

Case No. 10685. — Herd No. 1431. — Supreme Court, Erie county. Pending. 

Case No. 10694.— Supreme Court, Erie county. Recommended to be discontinued upon 
payment of costs. 

Case No. 10764.— Herd No. 1608.— Supreme Court, Erie county. Pending. 

Case No. 10785. — Referred to Commissioner of Agriculture. 

Case No. 10786. — Referred to Commissioner of Agriculture. 

Case No. 11302.— Herd No. 1475.— Referred to Commissioner of Agriculture. 

Case No. 11303. — Referred to Commissioner of Agriculture. 

Case No. 10787.— Referred to Commissioner of Agriculture. 

Case No. 10310. — Referred to Commissioner of Agriculture. 

Case No. 11313. — Referred to Commissioner of Agriculture. 

Case No. 11317. — Referred to Commissioner of Agriculture. 

Case No. 11321.— Herd No. 1610.— Referred to Commissioner of Agriculture. 

Case No. 11320.— Referred to Commissioner of Agriculture. 

Case No. 11325.— Not referred at date of report. 



Commissioner of Agriculture. 220 

VINEGAR. 
Case No. 2280.— Supreme Court, Erie county. Recovery $25. 
Case No. 2279.— Supreme Court, Erie county. Recovery $25. 
Case No. 2282.— Supreme Court, Erie county. Discontinued. 
Case No. 2289.— Supreme Court, Erie county. Discontinued. 
Case No. 2272.— Supreme Court, Erie county. Discontinued. 
Case No. 2292.— Supreme Court, Erie county. Discontinued. 
Case No. 2271.— Supreme Court, Erie county. Discontinued. 
Case No. 2291.— Not prosecuted. 

The following additional vinegar cases were made during Sep- 
tember, 1901, and referred to the Commissioner of Agriculture 
September 27, 1901, pending designation of counsel: 

Nos. 2242, 2213, 2244, 2295, 2241, 2298, 2239, 2361, 2365, 2366, 2367, 2368, '<!369, 2370, 718, 719, 2234, 2235, 2236, 
2257, 2238, 2240, 2399, and No. 1, Ninth Division, barrels containing vinegar not branded. 

OLEOMARGARINE. 
Case No. 3612. — Referred to Commissioner of Agriculture. 
Case No. 3701. — Referred to Commissioner of Agriculture. 
Case No. 3751. — Referred to Commissioner of Agriculture. 
Case No. 3613. — Referred to Commissioner of Agriculture. 
Case No. 3614. — Referred to Commissioner of Agriculture. 
Case No,. 3752.— Referred to Commissioner of Agriculture. 

RENOVATED BUTTER NOT SO MARKED. 
Cases Nos. 1, 2 and 3.— Referred to the Commissioner of Agriculture. 

BOB VEAL. 
Case against Fred. Unger.— Supreme Court, Erie county. Recovery $50 and $25 costs. 
Case against C. A. Schintzius.— Not prosecuted. 
Two cases against C. G. Golde.— Supreme Court, Erie county. Pending. 

Prosecutions which were reported in full and pending at date 
of the last annual report, have been disposed of as follows: 

MILK. 

Case No. 8339.— Supreme Court, Erie county. Recovery $106.40 and $26.50 costs. Re- 
mains unsatisfied. 

Case No. 8258.— Herd sample No. 1470.— Pending. 

Case No. 8268.— Supreme Court, Erie county. Compromised and settled for $50 and 
costs. 

Case No. 8267.— Supreme Court, Erie county. Compromised and settled for $50 and $25 
costs. 

Case No. 8273.— Supreme Court, Erie county. Judgment entered by default January 
18, 1901, for $100 penalty and the costs. The defendant subsequently offered to com- 
promise this case in connection with another case against him, and it is held under 
consideration. 

Case No. 8278.— Herd No. 1471.— Pending. 

Case No. 8279.— Herd No. 1473.— Pending. 

Case No. 8283.— Supreme Court, Erie county. Judgment rendered for $25 penalty and 
$25 costs. Remains unsatisfied. 

Case No. 8285.— Supreme Court, Erie county. Recovery $40 and $26.62 costs and dis- 
bursements. 

Case No. 9612.— Supreme Court, Erie county. Recovery $60 and $27.24 costs. 

Case No. 8286.— Supreme Court, Erie county. Recovery $50 and $10 costs. 



230 * Ninth Annual Report of the 

Case No. 9607.— Supreme Court, Erie county. Recovery $25 and $25 costs. 

Case No. 9G05. — Supreme Court, Erie county. Recovery $25 and $25 costs. 

Case No. 9626. — Herd sample No. 1474. — Supreme Court, Erie county. Recovery $90 
and $27 costs. 

Case No. 8264. — Herd No. 1487. — Supreme Court, Erie county. Judgment entered June 
28, 1901, for penalty of $50 and $30 costs. Remains unsatisfied. 

Case No. 9630. — Herd No. 1493. — Supreme Court, Erie county. Pending. 

Case No. 9521.— Herd sample No. 1490.— Supreme Court, Erie county. Recovery $25 
and $10 costs. 

Case No. 9522.— Herd No. 1475.— Supreme Court, Erie county. Rcovery $25 and $25 
costs. 

Case No. 9529.— Supreme Court, Erie county. Recovery $50 and $25 costs. 

Case No. 9514. — Supreme Court, Erie county. Recovery $50 and $25 costs. 

Case No. 9532. — Supreme Court, Erie county. Recovery $100 and $26 costs. 

Case No. 9524. — Supreme Court, Erie county. Recovery $50 and $15 costs. 

Case No. 9548. — Supreme Court, Erie county. Recovery $50 and $25 costs. 

Case No. 9543.— Herd sample No. 1499. — Supreme Court, Erie county. Discontinued. 

Case No. 9530.— Herd sample No. 1500.— Supreme Court, Erie county. Recovery $50 
and $20 costs. 

Case No. 9544. — Supreme Court, Erie county. Recovery $75 and $25 costs. 

Case No. 9662.— Supreme Court, Erie county. Pending. 

Case No. 9673.— Herd No. 1482. — Supreme Court, Erie county. Recovery $25 and $26 
costs. 

Case No. 9658.— Herd No. 1412.— Supreme Court, Erie county. Recovery $25* and $25 
costs. 

Case No. 9668.— Herd No. 1414.— Supreme Court, Erie county. Recovery $45 and $2b 
costs. 

Case No. 9676.— Herd No. 1413.— Supreme Court, Erie county. Recovery $25 and $27 
costs. 

Case No. 9681.— Supreme Court, Erie county. Recovery $25 and $15 costs. 

Case No. 1. — Supreme Court, Erie county. Pending. 

Case No. 2. — Supreme Court, Erie county. Pending. 

Case No. 3.— Supreme Court, Erie county. Pending. 

Case No. 5. — Supreme Court, Erie county. Pending. 

Case No. 9632.— Supreme Court, Erie county. Recovery $25 and $12.50 costs. 

Case No. 9517. — No action was begun in this case by instruction from the Attorney- 
General. 

Case No. 9523.— Supreme Court, Erie county. Recovery $25 and $12.50 costs. 

Case No. 9540. — Held by attorneys pending disposition of a similar case as test. 

Case No. 9654. — Supreme Court, Erie county. Recovery $50 and $25 costs.. 

Case No. 9671.— Supreme Court, Erie county. Recovery $25 and $25 costs. 

Case No. 9672. — Supreme Court, Erie county. Recovery $75 and costs. 

Case No. 9338.— Supreme Court, Erie county. Recovery $25 and $25 costs. 

Case No. 6140. — Supreme Court, Erie county. Recovery $25 and $27 costs. 

Case No. 6106. — Supreme Court, Erie county. Recovery $25 and $5 costs. 

Case No. 8216.— Supreme Court, Erie county. Recovery $100 and $86.22 costs. 

Case No. 8310. — Supreme CQjirt, Niagara county. Recovery $25 and $20 costs. 

Case No. 8239.— Supreme Court, Erie county. Recovery $50 and $26.50 costs and d ; s- 
bursements. 

Case No. 6112.— Pending. 

Case No. 7511.— Supreme Court, Erie county. Recovery $113 and $26.50 costs. 

Case No. 8279.— Pending. 

Case No. 9517. — Discontinued. 

VINEGAR. 

Case No. 2259.— Supreme Court, Erie county. Discontinued. 

Case No. 2268.— Supreme Court, Erie county. Discontinued. 

Case No. 2270.— Supreme Court, Erie county. Recovery $25. 

Case No. 2273.— Supreme Court, Erie county. Discontinued. 



Commissioner op Agriculture. 231 

Case No. 2277. — Supreme Court, Erie county. Discontinued. 
Cases Nos. 2278, 2284, 2285, 2287 and 2289.— Recovery $25 in each case. 
Case No. 2273. — Supreme Court, Erie county. Discontinued. 
Case No. 2274. — Supreme Court, Erie county. Discontinued. 
Case No. 2275. — Supreme Court, Erie county. Discontinued. 
Case No. 2276.— Supreme Court, Erie county. Discontinued. 

The following cases were made previous to the present fiscal 
year but were omitted from the last annual report: 

Case No. 7568. — This case was referred to Albany, but became outlawed before coun- 
sel was assigned. 
Case No. 7518. — Supreme Court, Niagara county. Recovery $25 and costs. 
Case No. 7520.— Supreme Court, Niagara county. Recovery $25 and $18.20 costs. 
Case No. 7065.— Pending. 
Case No. 8174.— Pending. 
Case No. 8173.— Pending. 

Case No. 9693.— Supreme Court, Erie county. Recovery $501 and $25 costs. 
Case No. 9680.— Supreme Court, Erie county. Recovery $50 and $26 costs. 
Case No. 9533.— Supreme Court, Genesee county. Recovery $35 and costs. 

BOB VEAL. 

These cases are referred to in Mr. Patrick's report as in hands 
of counsel for prosecution. They have been disposed of as 
follows: 

Case against J. W. Rosendale.— Discontinued. 

Case against John Brooksopp.— Supreme Court, Erie county. Recovery $50 and $26 
costs. 

Case against Anthony Herlein.— Supreme Court, Erie county. Recovery $50 and $25 
costs. 

Case against Erick Walters.— Supreme Court, Erie county. Recovery $50 and $105.70 
costs. 

A recapitulation of fines and penalties collected and judg- 
ments rendered during the year is as follows: 
Fines and penalties collected for adulteration of 

milk |2,220 00 

Fines and penalties collected for selling adlutera- 

tion of vinegar 200 00 

Fines and penalties collected for selling bob veal. . 200 00 

Total fines and penalties f 2,620 00 

Judgments rendered and outstanding 444 40 

Total fines, penalties and judgments f 3,064 40 

Respectfully yours, 

JOHN H. GRANT, 

Assistant Commissioner. 



Report of James P. Clark. 



Hon. Charles A. Wietixg, Commissioner of Agriculture: 

Dear Sir. — I have the honor herewith to submit my annual 
report for the year ending September 30, 1901. 

The industry and efficiency of the agents of the Department 
have materially reduced violations of the Agricultural Law in 
this division during recent years. 

Outbreaks of anthrax, which were prevalent in this part of the 
State last season, have been nearly if not quite suppressed by 
inoculations conducted by veterinarians in the employ of the 
Department of Agriculture, very few cases appearing in this 
division during the year. There is a much better appreciation 
and a more hearty cooperation on the part of the farmers in 
preventing the spread of contagious diseases of animals than 
ever before. The method of controlling such diseases by means 
of inoculation is just beginning to be understood. 

Information furnished this division by Assistant Commissioner 
Hughes of Rochester, N. Y., led to the admission of the sale of 
oleomargarine by Mr. Josiah Hess of Belvidere, and the volun- 
tary payment by him to the Attorney-General of $100 penalty. 

A careful watch has been kept of the places where veal car- 
casss are in transportation or offered for sale, but no violations 
of the law have been found. 

Dr. William Henry Kelly was called in April to examine sev- 
eral cattle and horses in the town of Busti which were exhibit- 
ing symptoms of a somewhat peculiar disease which was puz- 
zling to the local veterinarians. He pronounced the disease 
cerebro spinal meningitis. 

A number of scattered cases of probable rabies appeared in 
Chautauqua county during the latter part of the year 1900. The 
utmost care has been taken to prevent the spread of this dreaded 
disease. All animals known to have been bitten by suspicious 



Annual Report of the Commissioner of Agriculture. 233 

dogs have been either confined, muzzled or killed, and the out- 
break did not become serious until the month of May, 1901. 

On the morning of May 8 a dog appeared on the premises of 
Mr. H. M. Butler, about three miles west of the city of James- 
town, biting three cows owned by him. This dog was wounded 
at the time but later in the same day returned to the place 
where he belonged, and after being kept in confinement for a 
couple of days and exhibiting no further symptoms of rabies was 
killed. Knowledge of these circumstances did not come to this 
office until after the dog was killed. I have given the circum- 
stances somewhat in detail to show that a dog having rabies 
does not at all times give manifestation of the disease, as is com- 
monly believed. The owner of the cows was requested to sus- 
pend the sale of milk for a time, awaiting developments. It was 
afterward learned that three cows owned by Mr. Townsend Jack- 
son, living near Mr. Butler, were bitten by the same dog on the 
same day. 

A telephone message from Dr. Frank Hunt of Jamestown on 
May 31st gave information that one of the cows owned by Mr. 
Butler was showing pronounced symptoms of rabies. The other 
two cows in this lot had been transferred to a farm in the town 
of Stockton belonging to Mr. Butler. The party in charge of 
them was immediately notified that he should make no sale in 
any way of the milk from the cows in question. The sick cow 
was killed with the consent of the owner, the brain being 
removed by Dr. Hunt and sent to Dr. V. A. Moore of Ithaca. 
On June 20th a report was received from Dr. Moore confirming the 
diagnosis of Dr. Hunt. All of the six cows which were known 
to have been bitten, as well as a horse belonging to Mr. Mcln- 
tyre, the owner of the dog, died after periods of incubation rang- 
ing from twenty to eighty-five days. Several animals in the 
same vicinity died with pronounced symptoms of rabies about 
the same time, and it was thought probable that they had been 
bitten by the same dog. The brains of two dogs in the city of 
Jamestown which were exhibiting symptoms deemed suspicious 
were removed by Dr. Hunt and forwarded to Dr. Moore, who 



234 Ninth Annual Report of the 

reported rabies from the inoculation after periods of incubation 
of twenty-three and forty-eight days. Much time has been spent 
in preventing' the spread of this much dreaded disease, and the 
work of Dr. Hunt has been of material aid to the Department. 

Dr. 0. R. Perkins of Warsaw, while in this division on some 
other work, appeared before the common council of the city of 
Jamestown to give information relative to the danger to the 
inhabitants from the spread of this disease. The council enacted 
strict quarantine measures, appointed a dog catcher and estab- 
lished a pound, authorizing the dog catcher to capture and place 
in pound all dogs found running loose without a muzzle, and to 
collect from the owner the sum of two dollars as a redemption 
fee. 

The towns of Busti, Ellicott and Kiantone were quarantined 
by this Department and notices posted. The town of Ellery was 
quarantined by the local authorities, and an aroused public sen- 
timent generally has aided materially in suppressing the dis- 
ease. 

There have been no cases since early in September that have 
come to the knowledge of this office, and it is probable that dan- 
ger from the outbreak is over. 

In response to a message from the manager of the farm in 
connection with the Chautauqua County Almshouse at Dewitt- 
ville a visit was made to that place and it was found that the 
lungs removed from a calf, which had been slaughtered to fur- 
nish food for the inmates, showed unmistakable evidence of 
tuberculosis. Dr. C. R. Perkins of Warsaw was sent by this 
Department to investigate the case. Another calf which showed 
physical evidence of this disease was killed and also found to be 
tuberculous. With the consent of the county superintendent of 
the poor, all of the cattle at the county farm were examined by 
means of the " tuberculin test " by Dr. Perkins, July 22d and 23d. 
Three out of the herd were pronounced tuberculous. These three 
animals were appraised by Mr. D. P. Witter, Appraiser, on Sep- 
tember 20th, and killed in the presence of Dr. Kelly of Albany, 
Dr. Perkins of Warsaw and Dr. Hunt of Jamestown, and all 
showed unmistakable evidence of the disease. 



Commissioner of Agriculture. 235 

It is very important that the statute relative to having an 
appraiser in the employ of the State present at the time of the 
examination be followed closely, and that all animals which are 
condemned be killed at once. 

A number of vinegar and butter samples have been forwarded 
to the chemists for analysis, but no violations of the law in 
either respect have been found. 

Farmers and dairymen were much disappointed at the failure 
of* Congress to pass the Grout bill, but all are ready to renew the 
tight with hopes of success the next time. 

The work of the cheese instructors is always well received 
and productive of good results. Regret is often expressed that 
more of their services cannot be obtained for this division. 

The cases reported in last report as pending have been dis- 
posed of as follows, as reported by counsel: 

MILK. 

Label No. 5S97.— Recovery $100 and costs. 
Label No. 5893. — Recovery $25, which remains unpaid. 
Label No. 5898. — In same condition as at last report. 
Label No. 5899.— Case closed. 

Label No. 5934. — Defendant taken into custody and lodged in county jail about two 
months. 
Label No. 79G3.— Recovery $25 and $25 costs. 
Label No. 7967.— Recovery $50. 
Label No. 7983.— Recovery $50. 
Label No. 7369.— Recovery $50. 
Label No. 8209.— Recovery $50. 
Label No. 7310.— Defendant has left the state. 
Label No. 7315. — Recovery $50 and ccsts. 
Label No. 7316.— Recovery $50. 
Label No. 5949.— Recovery $50. 
Label No. 10001.— Recovery $50. 
Label No. 7382.— Defendant absconded. 
Label No. 5945.— Still in hands of attorney. 
Label No. 7373.— Recovery $50 and costs. 
Label No. 7317.— Recovery $50. 
Label No. 5939.— Pending. 

Label No. 7313.— Recovery $50 and $25 costs. 
Label No. 5941.— Recovery $50 and costs. 
Label No. 5942.— Recovery $50. 
Label No. 7319.— Recovery $50. 

Violations of the Agricultural Law found during the year 
have been disposed of as follows: 

Label No. 10008.— Recovery $25. 

Label No. 10002.— Recovery $50 and costs. 



236 Ninth Annual Report op the 

Label No. 7962.— Judgment of $25 with $25 costs. Uncollectible. 
Label No. 7311.— Pending. 
Label No. 10003.— Pending. 
Label No. 7364. — Pending. 
Label No. 7325.— Recovery $50. 

The following violations have been reported to your Depart- 
ment for the prosecution of which counsel has not yet been 
designated: 

Label Nos. 7958, 7350, 7952, 5948, 10004, 10005, 1000C, 5946, 7953, 7331, 5860, 5866. 

REPORT OF JOHN E. KRUSE, SPECIAL AGENT. 

Number of cheese factories inspected 76 

Number of butter factories inspected 8 

Number of cities and villages inspected 24 

Number of shipping stations inspected 3 

Number of dairies inspected 20 

Number of stores, hotels and restaurants inspected 215 

Number of samples of milk inspected 2 , 635 

Number of samples of butter inspected 398 

Number of samples of vinegar inspected 254 

Number of seals inspected 77 

Number of samples of milk sent to chemist taken at butter and cheese factories. 18 

Number of samples of milk sent to chemist taken at dairies 18 

Number of samples of milk sent to chemist taken from dealers 2 

Number of samples of butter sent to chemist 1 

Number of days of inspection work 235 

Number of days attending court 11 

Number of days taking census of butter and cheese factories 6 

Number of days recovering State cheese brands 8 

Number of days investigating rabies S 

REPORT OF C. B. WAKEFIELD, SPECIAL AGENT. 

Number of cheese factories inspected 89 

Number of butter factories inspected 5 

Number of cities and villages inspected 24 

Number of dairies inspected 24 

Number of stores, hotels and restaurants inspected 210 

Number of samples of milk examined 2 ,710 

Number of samples of vinegar examined 260 

Number of samples of butter examined 376 

Number of samples of milk sent to chemist from butter and cheese factories. . . 17 

Number of samples of milk sent to chemist from dealers 2 

Number of samples of butter sent to chemist 4 

Number of samples of vinegar sent to chemist 4 

Number of days inspection work 238 

Number of days attending court 11 

Number of days on census of cheese and butter factories 11 

Number of days collecting State brands 11 

Number of days of special work 8 

Number of days investigating rabies 5 

I wish again to express my thanks to Agents C. B. Wakefield 
and John E. Kruse and to Chemists Hugh C. Troy and John A. 



Commissioner of Agriculture. 237 

Miller for the interest they have at all times taken in the work 
of the Department. Also to Drs. Kelly, Perkins and Hunt for 
the very effective work they have done in this division and the 
valuable information imparted. 

Yours very respectfully, 

J. P. CLARK, 

Assistant Commissioner. 



Report of William Henry Kelly. 



Hon. Charles A. Wibting, Commissioner of Agriculture: 

Dear Sir. — I herewith respectfully submit to you a report on 
work done by me for the Department for the past year. 

BLACK QUARTER. 

Twenty cases of black quarter were reported and investi- 
gated. Prior to vaccination 10 calves, 65 yearlings and five two- 
year-olds died from black leg. In a number of cases the diag- 
noses were made from the history, as those that had died had 
been dead for several hours, and post-mortem changes had 
taken place which would prevent a bacteriological examination 
or an intelligent post-mortem examination. The following 
vaccinations were made with black leg vaccine, the vaccine being 
furnished by the United States Bureau of Animal Industry, viz.: 
65 calves, 125 yearlings and 50 three-year-olds. 

The reports which the Department sent out relative to black 
leg seem to have been of some benefit, yet there are a number of 
farmers who do not realize the importance of immediately burn- 
ing or burying in lime all animals that die mysteriously, but 
this should be done for the reason that a number of pathogenic 
bacteria are spore producing organism. The spores, or what 
might be called eggs, live for a long time and under favorable 
conditions will develop and thereby produce the disease from 
year to year. Then if the carcass is left undestroyed. the 
disease can be spread over a large territory by dogs, foxes, pole 
cats, crows, etc., as all of these animals are naturally immune 
and feed upon the carcass. The contagion is spread by the 
above-named animals carrying some pieces of the carcass to 
some distant place. 

ACTINOMYCOSIS. 

Four cases were investigated, and prior to my visit two were 
killed on account of their debilitated condition. During the 
early spring, in Lewis county, there appeared to be an enzootic 



Annual Report of Commissioner op Agriculture. 239' 

of this disease in cattle. Within a radius of a few miles at least 
30 head of cattle were affected. In one stable in which there 
were about 30 head of cattle 18 were more or less affected. 

The owner stated that last fall upon putting- bis cattle into 
the barn he noticed one especially with a bunch on the jaw. A 
little later another was noticed to be similarly affected. The 
disease continued to spread until over half his herd were dis- 
eased. Just prior to my visit he killed one, as she could eat 
but: little and was very much emaciated. The cattle were per- 
mitted to take any stanchion, which might account for the 
spread. After a few of his animals were affected he read an 
advertisement in some stock journal recommending some pro- 
prietary medicine. This medicine was guaranteed to cure. 
Under this treatment the animals gradually grew worse and the 
disease spread. I recommended the iodide of potash treatment 
and the barn and stanchions to be disinfected, and that the 
diseased cattle be kept apart from the unaffected. The affected 
animals soon made a good recovery and no new cases were 
reported. 

The disease appeared when the cattle were fed dry feed, which 
is in accordance with Imminger and Qlaus. The hay was cut 
from a swamp. Freidberger and Frohner stated that some 
observations suggest the idea that swampy districts are favor- 
able to the development of actinomycosis. It has been stated 
that actinomycosis was not a contagious disease, and that at- 
tempts to transmit it to other animals have been without re- 
sults. (Rivolta, Bollinger, Siedamgrotzky, Perreencito, John, 
Ullmann, Bodemer, and Bostroem.) 

Cattle, calves, goats, sheep, pigs, dogs, cats, rabbits and 
guinea-pigs have remained healthy after inoculation. The posi- 
tive results obtained by Ponfich, Israel, Rotter and Hanan are, 
according to Bostroem, simply res-ideal and encapsuled inocula- 
tion nodules. In this outbreak it appeared to be in the form 
of contagion. As this disease is communicable to cattle, pigs, 
horses, sheep and man I ordered the milk boiled before usiny it. 



240 Ninth Annual Report op the 

EQU1NIA MALLEUS (GLANDERS). 

The majority of cases were isolated. In one instance an 
undertaker took his team and put it in a farmer's barn, with 
an old gray horse, several miles from home. The gray horse 
had been owned by this farmer for about a year. During 
that time he loaned or hired it to his neighbors to work with 
their horses. None of these animals showed any symptoms of 
disease. About two weeks after the undertaker's horses had 
been stabled with this gray horse, one was noticed to have a 
nasal discharge. After using the ordinary remedies without 
the desired results a veterinarian was called. Not having had 
glanders in his vicinity, and not knowing that this horse had 
been exposed, he treated it for distemper. A few days later his 
attention was called to some ulcers on the inside of the hind 
leg. This aroused his suspicion and upon a careful examination 
he pronounced it glanders and so reported. As soon as the 
veterinarian was satisfied the horse was suffering from gland- 
ers, he immediately isolated the sick from the well. To do this 
he had to put the remaining three horses in a barn with some 
others. 

I applied the mallein test to the three exposed horses, also the 
two others that were in the barn. The three exposed ones gave 
a typical reaction, were condemned and post-mortem confirmed 
the diagnosis. After the necessary measures were taken to 
prevent further spread of the disease I immediately ascertained 
the whereabouts of the gray horse. I found him upon a 
farm about twenty miles from the home of the undertaker. 
Upon making inquiry I was informed by the owner that while 
this horse at times had a little discharge from his nostril, he 
had worked with the various neighbors' horses for over a year 
and no such a thing as symptoms of glanders had been seen. 
Not only this, but he had been tied under the store and church 
sheds without any apparent spread of the disease. I made an 
examination of this horse and found some cicatrices upon the 
Sihneiderian membrane. I informed the owner that the symp- 
toms were very suspicious and I would have to make a mallein 



Commissioner of Agriculture. 241 

test. This was done, and the animal gave a typical reaction 
and was condemned, appraised and killed. The post mortem 
confirmed the diagnosis. I made inquiries of the neighbors rela- 
tive to any other cases and they stated that they knew of this 
horse working with various horses, but never knew of any 
suspicious cases in any of the horses with which it had worked. 
I called upon the health officer, a doctor, who stated about 
the same as above. He also stated that he had used this 
same gray horse with his own horses during his spring's 
work, and that lately he noticed a discharge from the 
nostrils of one. I made an examination and found both of 
his horses suffering from glanders and they were immedi- 
ately killed. The hotel proprietor informed me that about 
two years ago this man's son purchased this horse as 
having glanders. This old gray horse had been owned for 
several years by different persons in the adjoining towns, 
yet no infection had been noticed until this year, when 
five horses contracted the disease. One died, the other four 
were killed upon the mallein test and the post-mortem confirmed 
the diagnosis. Glanders is essentially an equine disease and 
affects donkeys, mules and jennets as well as horses. It can be 
transmitted from the horse to many other animals, including 
man, either by direct or indirect infection. The following 
animals are susceptible according to the order in which they are 
named: Field mice and guinea pigs, cat tribes (including lion 
and tiger), dogs, goats, rabbits and sheep. Pigs and pigeons are 
scarcely at all susceptible. Cattle seem to be immune, and in 
several instances glandered horses have been put into cattle 
sheds and never has there been a well authenticated case of 
glanders in a bovine recorded. House mice, white mice, rats, 
domestic fowls and linnets are also immune. 

Pathogenesis. 

Glanders can be transmitted directly or indirectly through 
different medias, such as harness, clothing, pails, stables, water- 
lfi 



242 Nixth Annual Report of the 

ing troughs, currycombs, brushes, feed, stablemen, neck-yoke, 
etc. 

The discharge from the nostril and ulcers on the skin (button 
farcy) are highly contagious. The bacilli has been found in the 
various organs of the body, also the blood, but it does not occur 
unless it is generalized glanders. The respiratory organs are 
most frequently, in nine-tenths of all cases, the gate of entrance 
for the virus. (Friedberger and Frohner.) The bacilli is prob- 
ably inhaled and lodges upon the mucous membrane. It is 
claimed that the reason for believing that an attack of catarrh, 
distemper, etc., predisposes an animal to glanders is on account 
of the inflammatory condition of the mucous membrane and 
makes it more favorable to enter the system and develop. 
Experiments to transmit glanders by direct inhalation of th< J 
respirated air of glandered horses have been negative. It is 
claimed by some authorities that the bacilli of glanders can 
penetrate the uninjured mucous membrane. 

The bacilli of glanders may enter through the skin, when th<- 
glands of the skin become infected. It used to be called 
" farcy," but as we understand the pathology and bacteriology 
of the disease there is no difference between glanders and farcy. 
Tbe same germ will produce either or both named diseases. 

Very rarely does glanders penetrate the body through the 
digestive canal. Viborg, Gerlach, Liantard, Cudsae, Malet and 
others have made such experiments, but in the majority of cases 
the results were negative. 

Some cases are reported of transmission through coition. 
Whether the infection took place through the genital mucous 
membrane, or whether it occurred through inspiration it cannot 
always be decided. 

Glanders may be either acute or chronic. In the acute form 
the animal usually dies in a short time. There is a rise of 
temperature, nasal discharge, ulcer upon septum nasi. In the 
chronic cases the animal may live for months or years. The 
animal is usually unthrifty, slight discharge from one nostril, 
rarely both (bilateral). The amouut of discharge varies and 



Commissioner of Agriculture. 243 

may cease entirely. The glands (submaxillary) on the inner 
side about midway pf the lower jaw are hard and appear fixed 
to the bone. The nasal discharge may change its color and be 
streaked with blood. Ulcers are seldom found on the Schnei- 
derian (nasal) mucous membrane, yet quite frequently cicatrices 
of old ulcers are found. 

The predisposition of man to glanders is not very great, yet 
there are several well authenticated cases recorded. 

Several veterinarians have been inoculated, and only a few 
years ago a man upon Long Island, who posed as a veterinarian 
dentist, contracted glanders and died from the result of it. 

When the symptoms are not well defined mallein is used to aid 
diagnosis. In an outbreak where there is one or more well 
defined cases all horses that have been exposed for a few months 
succeeding the outbreak are submitted to the mallein test. 

Mallein is a preparation made from the bacilli of glanders 
ibaccillus malleus) and was first manufactured by Kalning and 
Hellmann, 1891. It is analogous to Koch's tuberculin. The 
temperature of the animals that are to be tested are taken prior 
to injection of the mallein (initial temperature). Two cubic 
centimeters of mallein, as prepared by the New York State 
Veterinary College, is used for the average horse. Eight to 
10 hours after the injection the temperature is taken every two 
hours for 12 consecutive hours thereafter; if there hag been no 
rise of temperature the animal may be considered free from 
disease. If there has been an elevation of temperature 2.3 
degrees above the initial temperature, and there is a large,, 
hot, hard and painful swelling at the seat of inoculation, 
with constitutional disturbance, manifested by depression 
of spirits, debility, loss of appetite, blowing and muscular 
stiffness, especially of the fore extremity on the side of 
inoculation, the animal should be condemned. In case the tem- 
perature rises and remains elevated we should continue taking 
temperatures for at least 24 hours after injection, and in tin- 
event that it is still far from normal the animal should be quar- 
antined as suspicious and re-tested not earlier than one month 



244 Ninth Annual Report of the 

Respecting the swelling at the seat of inoculation, Mr. Fadyean 
says as follows: 

" Iii interpreting the local reaction to mallein attention 
must be paid to two points, viz.: the extent of the swelling and 
the period at which it reaches its maximum size. The rule that 
regards the first of these is that in the non-glandered horse the 
swelling that forms at the seat of infection is seldom or never 
more than three inches in diameter, while in a glandered horse 
it is seldom or never less than five inches in diameter, and not 
rarely it is nearly twice that. The rule regarding the second 
point is that in a non-glandered horse the local swelling attains 
its maximum size during the first fourteen or sixteen hours after 
the injection and then readily declines, so that it has nearly 
or altogether disappeared by the twenty-fourth hour. In a 
horse suffering from glanders the tumor continues to increase in 
size to about the thirtieth hour after inoculation; it persists for 
two or three days, then gradually recedes, and does not finally 
disappear until the fifth or sixth day." 

Mallein is very useful as a diagnostic agent; while it is not an 
infallible test, yet it has given very satisfactory results to the 
Department. A number of its charged failures are probably due 
to some misunderstanding in the use of it. 

The following shows the form of temperature record for mal- 
lein tests used by me: 



Commissioner of Agriculture. 



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24G Ninth Annual Report of the 

ANTHRAX. 

During the summer we have had a number of outbreaks of 
this disease. In the vicinity of Rome, Oneida and Higginsville 
a large number of farmers lost many cattle and horses. 

Upon one farm a little boy contracted " malignant pustule " 
from milking a diseased cow. When the Department's atten- 
tion was first called to investigate it was difficult to diagnose 
the cases by post-mortem. 

Dr. V. A. Moore, bacteriologist of the New York State Veter- 
inary College, was called to assist. After the diagnosis was 
made we immediately used the modified form of Toussaint's 
method, which had been used by the Department on previous 
occasions with apparently good results. Some of the animals 
so treated died. We then used the vaccine manufactured by 
one of our manufacturing chemists. Some animals died after 
this was used. This seemed to hold the disease in check, or 
those that were afterwards affected appeared to have it in a 
mild form. 

One old lady upon whose farm some 20 milch cows and a horse 
had died, stated that she thought both treatments (Tous- 
saint and vaccine) were of some benefit. On account of the 
extent of this outbreak as well as the one that occurred in Sul- 
livan county, it seems proper that a history of modes of con- 
tagion of the disease might be beneficial. For the history, I 
think that which is published in Friedberger and Frohner's 
pathology is very complete. 

" Anthrax is perhaps the oldest known disease of animals. 
It appears to be alluded to in the second book of Moses, ix, 10, 
as the sixth plague of Egypt. In the third book of Moses stress 
is laid on the possibility of transmitting the disease by clothes 
to man. The epidemic which was described by Homer in the 
first book of the 'Iliad,' and which ravaged among men, mules 
and dogs, seems to have been anthrax. 

" Ovid has given in the ninth book of his ' Metamorphoses ' 
a tolerably exact description of an outbreak of anthrax. Tlu- 



Commissioner of Agriculture. 247 

tarch reports that Rome was visited about 740 B. C. with a 
severe epizootic of anthrax. Dionysius of Halicarnassus (488 
B. C.) and Livy (425 B. G.) relate examples of epizootics in which 
tihe disease attacked at first cattle on pasture, then those in 
sheds, sacrificial animals, priests, herdsmen, country people and 
finally the entire population. In Lucretius (428 B. C.) we find 
for the first time the name of ' ignis sacer ' applied to anthrax 
and in Columella the name of pustula. Virgil described an 
infectious ovine disease which was transmitted to man in con- 
sequence of wearing the hides or wool of stricken animals and 
which produced deep postules on the skin. Pliny mentions a 
disease of boils in the province of Narbonne in Gaul at the time 
of the migration of nations. The Arab physicians described 
anthrax as ' Persian fire.' Mezeray (966 A. D.) was the first to 
use the name ' Ignis St. Antonii.' Johannes Wierus describes 
in the second half of the sixteenth century several epizootics in 
Italy (1552, 1598 and 1599) during which periods the Senate in 
Venice forbade the sale of beef on pain of death. Athanasius 
Kirchner described in 1617 a bovine disease which infected man- 
kind so that 60,000 people died of it. Anthrax of the tongue 
spread to an extraordinary extent during 1662 in the neighbor- 
hood of Lyons and throughout France during 1710 and 1731. 
Ramazzini states that anthrax of the throat raged in 1690 in 
Padua among oxen and pigs. Anthrax appeared during 1712 
in Germany (at first in the neighborhood of Augsbury) and in 
Hungary during 1726, in Poland, Silesia and Saxony; during 
1731 and 1757, in France as gloss anthrax, or carbuncle of the 
tongue; among almost all the domestic animals, horses, don- 
keys, cattle, sheep, pigs, deer, dogs, fowl, fish and men. 

" In 1755 and 1761 it appeared in Franconia; in 175S and 1759 
in Finland and Russia; in 1774 in Guadeloupe (West Indies). 
Chabert demonstrated in 17S0 that the different kinds of 
anthrax were really one and the same disease. He classified 
and named them in a manner which has been followed up to this 
day. Kausch published in 1805 a good description of anthrax 
but denied its contagiousness. Since then we may mention in 



248 Ninth Annual Report of the 

particular the invasions of anthrax in the years 1807, 1810, 
1819 and 1827, from which time a gradual decrease in the disease 
has taken place. Delafond and Gerlach (1845) investigated 
ovine anthrax in a very careful manner. Although the conta- 
giousness of the disease was not recognized by Delafond it was 
experimentally proved by Gerlach. Heusinger published in 1850 
a comprehensive treatise on anthrax, especially from an his- 
torical and geographical point of view. He regarded anthrax 
as a malaria neurosa. 

" The knowledge of anthrax was greatly advanced during the 
fifties of this century. In 1855 Pollender, of Wipperfurth, pub- 
lished the discovery which he had made as early as 1849 — that 
an innumerable number of extremely fine rods existed in the 
blood of anthrax-stricken cattle. These rods were indepen- 
dently observed in 1850 by Davaine (Paris); and in 1857 by 
Brauell (Dorpat). Brauell found the rods in the blood during 
life and used them as a diagnostic and prognostic factor, but he 
denied that they represented the virus of anthrax. It was only 
in 1863 that Davaine declared that they were the cause of 
anthrax and were bacteria, against which theory Bouley, Sanson 
and other authorities at once protested. Cohn was the first to 
call these rods bacilli, and to suspect the existence of permanent 
spores. To R. Koch is due the credit of having demonstrated 
the development of these permanent spores from the rods and 
the transformation of the spores to bacilli. He also made pure 
cultivations of the bacilli and clearly explained the biology of 
the bacillus anthracis. Protective inoculation against anthrax, 
which was introduced by Toussaint and was widely advanced by 
Pasteur and others, is also of great scientific and practical inter- 
est." 

Anthrax very seldom pass direct from one animal to another. 
The bacilli might adhere to any part of the body, especially the 
tail, flank and hind legs or any part where it comes in contact 
with the secretion or excretion. The disease can be conveyed 
through such bearers as pails, people, water and insects. When 
the infection occurs in the intestines through the food or water 



Commissioner of Agriculture. 249 

it is called intestinal anthrax, fodder anthrax, spontaneous 
anthrax, internal anthrax, "anthrax without location," anthrax 
fever, etc. 

This is one reason why all animals that die of anthrax should 
be burned or buried in quicklime away from a water source. If 
it is not done the earth worms bring the spores to the surface, 
thereby contaminating any grass, hay, potatoes, carrots, tur- 
nips, or any substance that might grow. If any of these vege- 
tables should be fed in a raw state, as they usually are, the 
animals will probably contract the disease. When they are 
buried near a running stream the spores are liable to be carried 
for several miles, and in the event of the stream overflowing 
flat land, it spreads the contagion over a large area. Very 
frequently streams into which tanneries and wool-washing estab- 
lishments drain the water is contaminated and cattle die annu- 
ally along its course. Very frequently men become affected in 
handling wool from animals that have died of anthrax; in these 
cases it is known as " wool sorter's disease." Tanners become 
affected in tanning hides of infected animals. In these cases 
you have malignant pustules. The spores may enter through 
an abrasion, the mucous membrane or the various openings. 
Bollinger and Zeilinger succeeded in producing anthrax in rab- 
bits by inoculating them with the blood of flies which had been 
caught on an anthrax cadaver. Anthrax affects most all warm- 
blooded animals, but more frequently cattle. Their suscepti- 
bility is according to the order in which they are named, viz.: 
Cattle, sheep, goats, horses, fallow deer, red deer, camels, guinea- 
pigs and mice. Cats, tame rabbits, horses and wild rabbits 
come next. Dogs, pigs and foxes are very slightly susceptible. 
Rats if kept as a carnivora do not contract the disease, but if the 
diet is changed to a herbivora they readily contract the disease. 
Birds, with the exception of ducks, fowls and pigeons, are 
immune. 

It is claimed by some authors that anthrax is never found only 
where there is a swamp. In the cases which have been investi- 
gated by the Department very seldom was there a swamp in the 
pasture. 



250 Annual Report of Commissioner of Agriculture. 

Bacteriology. 

Anthrax is an infective disease that is transmitted by bacteria 
known as the " bacillus anthracis." This^ bacillus may be easily 
taken for the one producing putrefaction. For description and 
modes of detecting this bacilli I would respectfully refer you to 
the illustrated article written by Prof. V. A. Moore and pub- 
lished in your report of 1898, page 549. 

Eespectfully submitted. 

WILLIAM H. KELLY. 

Yetcrina Han. 



FINANCIAL REPORT 



OF THE 



New York State Fair, and the County, Town and 

Other Agricultural Societies in the State 

of New York, for the Year 1901. 



251 



NEW YORK STATE FAIR, . 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $852 77 

From gate receipts and grand stands. $18,394 00 

From advertisements and catalogues. 332 84 

From rent of privileges 4,340 50 

From sale of bay and straw 1,182 31 

From exhibitors tickets 946 00 

From sale of old material, $225.85; 

miscellaneous, $49.55; total 275 40 

From entries for races (horse) 13,025 00 

From Empire State stake, $520; sus- 
pensions, $711.50; total 1,231 50 

From entries in horse department — 

stalls, pens and coop rent 3,676 90 

From bonds issued, notes given or any 

other obligation 25,000 00 

From State 125,000 00 

Receipts for 1900 193,404 45 

Total receipts $194,257 22 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $11,000 00 

For advertising, printing, etc 10,399 08 

For permanent improvements 74,469 52 

For moving Pan-American fixtures, 
$600; freight and express, $426.26; 
livery, 94.50; miscellaneous items, 
$1,281.43; total 2,402 19 

For labor and expenses of all depart- 
ments 14,867 00 

For material and supplies, $2,753.30; 
insurance, $1,542.06; dues, $100; 
total 4,395 36 



• 



254 Ninth Annual Report of the 

For old accounts New York State 
Agricultural Society, $923.92; extras 
to superintendents of year 1900, 
$433.96; total $1,357 88 

For expenses of commission and offi- 
cers, $3,101.62; postage, telegraph 
and telephone, $646.45; total 3,751 07 

For rent, $225; catering, $700; water 
tax, $854.76; decorations, $225; 
music, $440; discounts, $720.16; 
total 3,164 92 

For salaries: Secretary, $1,500; trea- 
surer, $791.65; office assistants, 
$694.91; police, $1,558.25; total 4,544 81 

For judges, $1,115.02;; salaries other 
than secretary and treasurer, $5,- 
530.55; bugler, $100; total 6,745 57 

For race purses (horses) and amateur 
events 16.230 00 

For general repairs, $4,074.72; hay, 
straw and feed, $1,426.45 ; entry fees 
returned, $520; total 6,021 17 

For premiums on horses . . . $7,279 00 

For premiums on cattle... 6,326 50 

For premiums on sheep. ... 3,367 00 

For premiums on swine... 1,882 00 

For premiums on poultry. . 1,694 50 

For premiums on farm pro- 
duce 880 25 

For premiums on dairy 

products 1,386 50 

For premiums on domes- 
tic 517 95 

For premiums on flowers. . . 1,631 50 

For premiums on fruits... 2,129 70 



Commissioner of Agriculture. 255 



For premiums on miscel- 
laneous |450 00 



Total $27,544 00 



Total disbursements $186,893 47 



Balance (credit) $7,303 75 



*HORNELL&VILLE FARMERS' CLUB. 

RECEIPTS. 

Balance on hand at close of fiscal year 1000 $235 06 

DISBURSEMENTS. 
Paid office, storage and old department 107 80 



Balance (credit) $37 26 



CAMBRIDGE VALLEY AGRICULTURAL SOCIETY AND 

STOCK BREEDERS' ASSOCIATION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 " $26 06 

From gate receipts $4,721 35 

From rent of privileges 2,546 04 

From entries for premiums . . . 1,371 65 

From grand stand 2,338 GO 

From hay, grain, fines, etc 470 26 

From entries for races (horse) 607 50 

From entries for races (bicycle or other) 25 00 
From bonds issued, notes given or any 

other obligation 1,737 00 

From State 2,000 00 



Receipts for 1900 15.817 40 



Total receipts $15,843 46 

* No fuir held. 



256 Ninth Annual Report op the 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $2,263 06 

For printing and advertising 2,021 40 

For attractions 1,275 70 

For hay, straw and grain 209 41 

For miscellaneous 1,199 74 

For salaries: Secretary, $320; treas- 
urer, $125; office assistants, $154.50;- 
police, $148.75; judges, $220.51; su- 
perintendent, $131.25; helpers, etc., 
$721.76; total 1,821 77 

For race purses (horses) 2,102 50 

For race purses (bicycle or other) in- 
cluding cost of prizes 164 50 

For premiums on horses. . . $329 00 

For premiums on cattle. . . . S01 00 

For premiums on sheep. . . . 384 50 

For premiums on swine .... 324 00 

For premiums on poultry . . 1,999 50 

For premiums on farm pro- 
duce 234 25 

For premiums on dairy 

products 28 00 

For premiums on domestic. 537 06 

For premiums on flowers. . . 35 70 

For premiums on fruits. ... 52 43 

For premiums on miscel- . 

laneous 55 50 

Total 4,780 94 

Total disbursements $15,839 02 



Balance (credit) $4 44 



Commissioner of Agriculture. 



257 



ALBANY COUNTY AGRICULTURAL SOCIETY AND 

ENPOSITION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $185 67 

From gate receipts $2,806 75 

From rent of grounds 20 00 

From rent of privileges 741 50 

From entries for premiums 187 00 

From sale of produce 7 52 

From grand stand 314 75 

From entries for races (horse) 820 00 

From State Fair premiums 100 00 

From donations 5 00 

From notes given 13,692 50 

From State 2,087 35 

From forage 73 78 

Receipts for 1900 20,856 15 

Total receipts $21,041 8.2 

DISBURSEMENTS. 

For payment of notes and interest. . . . $9,706 33 

For purchase of land 251 00 

For permanent improvements 2,213 30 

For privileges, $11; water, $15.25; 

total 26 25 

For fair labor and expenses 289 18 

For temporary improvements 204 43 

For insurance, $77.S0; attractions, 

$628.65; total 706 45 

For postage, $78.82; miscellaneous ex- 
penses, $414.23; total 493 05 

For advertising, $386.01; forage, 

$311.29; total 697 30 

For salaries: Secretary, $150; treas- 
urer, $75; judges, $88.50; total 313 50 

17 



258 Ninth Annual Report of the 

For race purses (horses) $1,979 98 

For races other than purses 204 37 

For premiums on horses. . . $588 00 

For premiums on cattle. . . . 975 75 

For premiums on sheep. . . . 466 00 

For premiums on swine. . . . 233 50 

For premiums on poultry. . 356 50 

For premiums on farm pro- 
duce 37 70 

For premiums on dairy 

products 59 00 

For premiums on domestic. 360 25 

For premiums on imple- 
ments and machines 228 00 

For premiums on flowers . . 76 50 

For premiums on fruits. . . . 225 25 

For premiums on miscel- 
laneous 2*85 50 

Total 3,891 95 

Total disbursements $20,977 09 

Balance (credit) $64 73 



ALLEGANY. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $492 16 

From gate receipts and grand stand. . $506 27 

From rent of privileges 135 50 

From entries for premiums, class 12. . 33 00 

From annual members 78 00 

From entries for races (horse) 187 00 

From hay and shingles sold 42 35 

From State 1,369 26 

Receipts for 1900 2,351 38 

Total receipts $2,843 54 






Commissioner op Agriculture. 239 

DISBURSEMENTS. 
For permanent improvements, includ- 
ing road machine |492 64 

For printing and advertising 128 29 

For labor 85 00 

For material 94 51 

For music, $50; attractions, $110 160 00 

For State Association, $10; water 
rent, $10; revenue tax, $8.34; ex- 
pense, postage, entry books, etc., 



tOO 9.9 



50 56 



For salaries: Secretary, $75; treasurer, 
$25; office assistants, $6; police, 
$19.50; judges, $39; superintendent, 
$8; helpers, etc., $9; total 181 50 

For race purses (horses) 431 00 

For premiums on horses. . . $228 00 

For premiums on cattle... 291 50 

For premiums on sheep... 90 00 

For premiums on swine . . . 109 00 

For premiums on poultry. . 67 50 

For premiums on farm pro- 
duce 33 65 

For premiums on dairy 

products 1 00 

For premiums on domestic. 89 25 

For premiums on flowers . . 23 65 

For premiums on fruits. ... 2 50 

For premiums on miscel- 
laneous 11 25 



Total 947 30 



Total disbursements $2 570 80 



Balance (credit) $272 74 



2G0 Ninth Annual Report of the 

BROOME. 

RECEIPTS. 

From gate receipts $1,912 37 

From rent of privileges 437 00 

From entries for premiums Ill 25 

From stock sold during year 105 63 

From entries for races (horse) 370 00 

From hay, straw and feed 61 27 

From donations 10 00 

From State 1,824 05 

Total receipts $4,831 57 

DISBURSEMENTS. 

Balance due at close of fiscal year 1901. $15 81 

For payment of notes or other obliga- 
tions 

For hay, straw and feed 

For permanent improvements 

For dues to State and National Trot- 
ting Association and licenses 

For labor 

For material 

For rent of grounds 

For attractions 

For printing and advertising 

For insurance 

For salaries: Secretary, $150; treas- 
urer, $100; police, $45.50; judges, 
$68.50; superintendent, $106.37; 
helpers, etc., $55.50; total 525 87 

For race purses (horses) 1,000 00 

For premiums on horses . . . $268 00 

For premiums on cattle... 495 00 

For premiums on sheep. ... 75 25 

For premiums on swine. ... 56 50 



186 


00 


201 


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219 


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202 36 


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Commissioner of Agriculture. 261 

For premiums on poultry.. $404 00 

For premiums on farm pro- 
duce 50 40 

For premiums on dairy 

products 10 00 

For premiums on domes- 
tic 191 25 

For premiums on imple- 
ments and machines 135 00 

For premiums on flowers . . 17 75 

For premiums on fruits. ... 47 45 

For premiums on miscel- 
laneous 323 40 

Total 12.074 00 

'Total disbursements $5,026 95 



Balance (debit) $195 38 



CATTARAUGUS. 
RECEIPTS. 

.Balance on band at close of fiscal year 1900 $255 13 

From gate receipts $1,813 14 

From rent of grounds 63 50 

From rent of privileges 571 50 

From entries for premiums 794 00 

From annual members 10 00 

From lumber and hay sold 48 43 

From entries for races (horse) 298 00 

From bonds issued, notes given or any 

other obligation 344 30 

From State 1,487 42 

Receipts for 1900 5,430 55 

Total receipts $5,685 68 



262 Ninth Annual Report op the 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations |609 Gl 

For permanent improvements 244 52 

For labor 497 22 

For material 177 52 

For printing and advertising 313 17 

For special attractions, band and ball 

game 576 50 

For taxes, $22.05; dues, $32.25; insur- 
ance, $58.95; total 113 25 

For salaries: Secretary, $50; treas- 
urer, $30; office assistants, $44; 
police, $98.90; judges, $2; superin- 
tendent, $106.32; total 331 22 

For race purses (horses) 1,465 75 

For premiums on horses . . $108 50 

For premiums on cattle . . . 352 50 

For premiums on sheep.. 95 00 

For premiums on swine. ... 37 00 

For premiums on poultry. . 178 95 

For premiums on farm pro- 
duce 39 75 

For premiums on dairy 

products 15 95 

For premiums on domestic. 293 60 

For premiums on imple- 
ments and machines 3 75 

For premiums on flowers. . 3 75 

For premiums on fruits ... 5 95 

For premiums on miscel- 
laneous 20 75 

Total 1,155 45 

Total disbursements $5,484 21 

Balance (credit) |201 47 



Commissioner of Agriculture. 263 

CAYUGA COUNTY AGRICULTURAL CORPORATION. 

RECEIPTS. 

From gate receipts $1,958 00 

From rent of privileges 250 00 

From entries for premiums 86 50 

From entries for races (horse) 177 00 

From bonds issued, notes given or any 

other obligation 3,000 00 

Total receipts $5,471 50 

DISBURSEMENTS. 

For rent $175 00 

For permanent improvements 1,798 07 

For labor 285 48 

For material 266 50 

For interest on note 23 92 

For entertainments 326 50 

For advertising 410 25 

For salaries: Secretary, $50; office 
assistants, $60; police, $49.63; 
judges, $15; superintendents, $17.50; 
helpers, etc., $50.50; total 242 63 

For race purses (horses) 878 50 

For premiums on horses. . . $100 50 

For premiums on cattle... 18S 00 

For premiums on sheep... 51 50 

For premiums on swine... 28 00 

For premiums on poultry. . 269 25 

For premiums on farm pro- 
duce 36 15 

For premiums on dairy 
products 9 85 

For premiums on domestic. 277 50 

For premiums on imple- 
ments and machines.... 10 00 

For premiums on flowers. . 13 15 



264 Ninth Annual Report of the 

For premiums on fruits... $29 20 
For premiums on miscel- 



laneous 


6 55 


$1,019 65 




Total 






Total disbursements 






$5,426 50 














$45 00 









CHAUTAUQUA. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $34 02 

From gate receipts, $1,795.35; grand 

stand, $61.25 $1,856 60 

From rent of privileges 433 94 

From entries for premiums 221 72 

From entries for races (horse) 183 50 

From entries for races (bicycle or 

other) 8 25 

From bonds issued, notes given or any 

other obligation 4,900 00 

From State 1,339 69 



Receipts for 1900 : . . 8,943 70 



Total receipts $8,977 72 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $1,318 21 

For permanent improvements 3,000 00 

For repairs 317 91 

For forage 181 39 

For labor 154 15 

For material 97 85 

For general expenses 186 71 



Commissioner of Agriculture. 265 

For advertising $373 40 

For insurance 133 14 

For salaries: Secretary, $100; office 
entry clerk assistants, $25; police, 
$150.92; superintendent, $75; total. . 350 92 

For race purses (horses) 840 00 

For race purses (bicycle or other) in- 
cluding cost of prizes 42 75 

For amusements, band, etc 944 50 

For premiums on horses . . . Ill 50 

For premiums on cattle. . . . 451 50 

For premiums on sheep. ... 39 00 

For premiums on swine. ... 57 50 

For premiums on poultry . . 185 00 

For premiums on farm pro- 
duce 23 20 

For premiums on dairy 

products 6 00 

For premiums on domestic. 154 25 

For premiums on flowers. . 4 75 

For premiums on fruits .... 42 65 

For premiums on miscella- 
neous 60 50 



Total 1,135 85 



Total disbursements $9,076 78 



Balance (debit) $99 06 



•CHEMUNG. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $162 64 

From State 1,647 63 



Total receipts $1,810 27 

*No fair in 1901. 



266 Ninth Annual Report of the 

DISBURSEMENTS. 

Balance due at close of fiscal year 

1901 $71 53 

For payment of bonds, notes or other 

obligations 1,248 00 

For permanent improvements 66 43 

For labor 58 00 

Dues to State Association Agricultural 

Societies 10 00 



Total disbursements $1,453 90 



Balance (credit) $356 31 



CHENANGO. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $21 50 

From gate receipts $1,714 07 

From rent of grounds 219 10 

From rent of privileges 347 75 

From entries for premiums 217 50 

From annual members 503 00 

From entries for races (horse) 547 50 

From entries for races (bicycle or 

other) 14 00 

From advertisements in premium list. 231 57 
From bonds issued, notes given or any 

other obligation 160 00 



'&* 



From State 1,368 21 



Receipts for 1900 5.322 70 



Total receipts $5,344 20 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $587 97 

For permanent improvements 501 58 

For special attractions 500 00 



Commissioner of Agriculture. 267 

For labor f 677 82 

For material 348 29 

For office assistants, $72; judges, $15; 

helpers, etc., $84 ; total 171 00 

For race purses (horses) 1,250 00 

For race purses (bicycle or other) in- 
cluding cost of prizes 35 00 

For premiums on horses. . . $123 00 

For premiums on cattle. .. 414 75 

For premiums on sheep... 47 00 

For premiums on swine... 24 00 

For premiums on poultry. . 316 70 

For premiums on farm pro- 
duce 62 00 

For premiums on dairy 

products 21 55 

For premiums on domestic 204 35 

For premiums on imple- 
ments and machines 24 25 

For premiums on flowers. . 12 15 

For premiums on fruits. . . 14 95 



Total $1,264 70 



Total disbursements $5,336 36 



Balance (credit) $7 84 



CLINTON. 

Balance on hand at close of fiscal year 1900 $3,579 46 

From gate receipts $3,682 05 

From rent of privileges 1,018 85 

From entries for premiums 752 16 

From interest on deposits 78 41 

From State 2,058 17 



Receipts for 1900 7.589 64 






Total receipts $11,169 10 



268 Ninth Annual Keport of the 

DISBURSEMENTS. 

For dividends $1,200 00 

For labor 342 00 

For material 509 12 

For special attractions 1,030 00 

For sundry expenses, advertising, in- 
surance, etc 1,965 57 

For premiums paid — no vouchers.... 4 00 

For salaries: Secretary, $300; treas- 
urer, $150; office assistants, $73; 
judges and superintendent, $181.96; 
helpers, etc., $42; total 746 96 

For race purses (horses) 1,410 30 

For premiums on horses. . . $346 50 

For premiums on cattle... 685 00 

For premiums on sheep. .. 369 00 

For premiums on swine... 123 75 

For premiums on poultry. . 43 75 

For premiums on farm pro- 
duce 62 00 

For premiums on dairy 
products 

For premiums on domestic. 

For premiums on imple- 
ments and machines. . . . 

For premiums on flowers. . 

For premiums on fruit. . . . 

For premiums on miscel- 
laneous 411 25 



23 


50 


195 


00 


66 


25 


87 


00 


29 


00 



Total $2,442 25 



Total disbursements $9,050 20 



Balance (credit) $1,518 90 



Commissioner of Agriculture. 269 

COLUMBIA. 
RECEIPTS. 

^Balance on hand at close of fiscal year 1900 $616 73 

IFrom gate receipts $4,540 50 

From rent of grounds 20 00 

From rent of privileges 1,142 90 

From entries for premiums 516 65 

From annual members 180 00 

From guarantee, Railroad and Kennel 

Club 125 00 

From entries for races (horse) 1,076 25 

From insurance 156 00 

From dog show 793 65 

From bonds issued, notes given or any 

other obligation 1,966 82 

From State 3,083 82 

From discounts on premiums and do- 
nations 6 50 

Receipts for 1900 13,608 09 

Total receipts $14,224 82 

DISBURSEMENTS. 

FJack premiums $3 75 

Dues, State and National Associations 45 00 

Expense and committees 196 66 

For payment of bonds, notes or other 

obligations, interest 335 00 

For printing and advertising 1,060 26 

For permanent improvements 2,348 58 

For dog show 758 00 

For labor 488 89 

For material 2S9 67 

For care of stock and water rent. . . . 336 27 

For board and meals 269 20 

For attractions 458 00 



270 Ninth Annual Report of the 

For salaries: Secretary, $100; treas- 
urer, $50; office assistants, $179; po- 
lice, $90; judges, $238.87; superin- 
tendent, $44; helpers, etc., $190.06; 
total $891 93 

For race purses (horses) 2,375 00 

For insurance 42 11 

From guarantee, Railroad and Kennel 
Club 125 00 

For premiums on horses . . . $307 00 

For premiums on cattle. . . . 1,026 00 

For premiums on sheep. . . . 430 50 

For premiums on swine .... 220 50 

For premiums on poultry. . 653 75 

For premiums on farm pro- 
duce 56 75 

For premiums on dairy 

products 17 00 

For premiums on domestic. 225 50 

For premiums on imple- 
ments and machines 25 00 

For premiums on flowers.. 178 50 

For premiums on fruits .... 78 50 

For premiums on miscella- 
neous 982 50 

Total 4,201 50 

Total disbursements $14,224 82 



CORTLAND. 

RECEIPTS. 

From gate receipts, $4,174.41; grand 

stand, $792.48; total $4,966 89 

From rent of grounds 138 50 

From rent of privileges 895 95 



Commissioner op Agriculture. 



271 



From advertising in premium list .... $173 00 

From assessment on stock 25 00 

From entries for races (horse) 280 00 

From miscellaneous 55 55 

From State 2,548 07 

Total receipts 

DISBURSEMEISTTS. 

Balance due at close of fiscal year 1901 $332 30 

For payment of bonds, notes or other 

obligations 1,508 05 

For printing and advertising 823 30 

For permanent improvements and re- 
pairs 266 39 

For special attractions 666 09 

For labor 192 30 

For material, supplies and general ex- 
penses 659 57 

For internal revenue tax 9 17 

For National Trotting Association... 35 00 

For insurance 50 00 

For salaries: Secretary, $100; office 
assistants, $71.75; police, $86.50; 
judges, $118.34; superintendent, $12; 

helpers, etc., $148.50; total 537 09 

For race purses (horses) 805 00 

For premiums on horses. . . $370 50 
For premiums on cattle... 789 50 
For premiums on sheep. . . . 274 00 
For premiums on swine. . . . 226 00 
For premiums on poultry. . 360 49 
For premiums on farm pro- 
duce 230 00 

For premiums on dairy 

products 52 50 

For premiums on domestic. 522 75 



),082 96 



272 Ninth Annual Report of the 

For premiums on flowers. . $56 60 
For premiums on fruits. ... 62 00 
For premiums on miscella- 
neous 157 00 

T °tal $3,101 34 

Total disbursements $8,985 60 

Balance (credit) $97 3(3 



DELAWARE. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $292 86 

From gate receipts $1,153 93 

From rent of grounds 68 86 

From rent of privileges 157 50 

From entries for premiums 141 00 

From notes given 1,844 75 

From State 1,749 09 

Receipts for 1900 5,115 13 



Total receipts $5,407 99 

DISBURSEMENTS. 
For payment of notes, $1,025.51; inter- 
est, $153.22; total $1,178 73 

For labor 362 61 

For material 318 06 

For attractions, baseball and band. . . 265 00 

For State Association 10 00 

For printing and advertising 297 21 

For salaries: Secretary, $60; treasurer, 
$20; office assistants, $30.50; police, 
$80; judges, $99.55; president, $50; 

total 340 05 

For race purses (horses) 166 00 

For premiums on horses . . . $354 30 
For premiums on cattle. . . . 424 25 



Commissioner of Agriculture. 273 

For premiums on sheep. . . . $192 00 

For premiums on swine. ... 9G 26 

For premiums on poultry.. 144 08 

For premiums on farm pro- 
duce 112 08 

For premiums on dairy 

products 23 00 

For premiums on domestic. 274 17 

For premiums on imple- 
ments and machines 149 65 

For premiums on flowers. . 19 09 

For premiums on fruits. ... 76 98 

For premiums on miscel- 
laneous 592 98 

Total $2,458 84 



Total disbursements $5,396 50 



Balance (credit) $11 49 



DUTCHESS. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $62 12 

From gate receipts $5,726 50 

From rent of privileges. 493 62 

From entries for premiums 1,622 69 

From advertising 206 76 

From advertising unpaid in 1900 20 00 

From donations , . 540 00 

From bonds issued, notes given or any 

other obligation 5,500 00 

From State 4,286 35 

Receipts for 1900 18,395 92 

Total receipts $18,458 04 

18 



274 Ninth Annual Report of the 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $4,512 41 

For attractions 796 00 

For advertising and printing 1,092 63 

For labor 664 00 

For material 1,258 13 

For rent of grounds 600 00 

For salaries: Secretary, $200; treas- 
urer, $200; office assistants, $285.86; 
police, $326; judges, $123.73; super- 
intendent, $180; helpers, etc., $44.50; 
total 1,360 09 

For race pulses (horses), net cost. . . . 759 00 

For premiums on horses. . . $1,715 00 

For premiums on cattle .... 1,484 00 

For premiums on sheep. . . . 675 00 

For premiums on swine. . . . 233 50 

For premiums on poultry. . 2,036 50 

For premiums on farm pro- 
duce 364 5§ 

For premiums on dairy 

products 3 00 

For premiums on domestic. 26 50 

For premiums on imple- 
ments and machines 30 00 

For premiums on flowers . . 103 50 

For premiums on fruits. . . . 350 50 

For premiums on miscel- 
laneous 282 85 

Total 7,254 85 

Total disbursements |18,297 1 1 



Balance (credit) $160 93 



Commissioner of Agriculture. 275 

ERIE. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $2,330 00 

From gate receipts f 1,432 50 

From rent of grounds 3 75 

From rent of privileges 446 00 

From entries for premiums 35 60 

From annual members 301 00 

From entries for races (horse) 895 90 

From score cards 18 65 

From grand stand 131 00 

From bonds issued, notes given or any 

other obligation 2,000 00 

From State 2,325 95 

Receipts for 1900 7,590 35 

Total receipts $9,920 41 

DISBirUSEJYTENTS. 

For permanent improvements $1,224 40 

For labor 409 24 

For material 168 25 

For attractions 656 00 

For feed 219 74 

For insurance 168 00 

For salaries: Secretary, $125; treas- 
urer, $75; office assistants, $68; 
police, $206; judges, $89; helpers, 

etc., $173.90; total 736 90 

For race purses (horses) 2,425 00 

For advertising, expenses and sundries 812 62 

For premiums on horses. . . $397 00 
For premiums on cattle. . . 554 50 
For premiums on sheep. ... 51 50 

For premiums on swine. . . 122 00 

For premiums on poultry. . 299 25 
For premiums on farm pro- 
duce 97 00 



276 



Ninth Annual Report of the 



For premiums on dairy 
products 

For premiums on domestic. 

For premiums on imple- 
ments and machines. . . . 

For premiums on flowers. . 

For premiums on fruits . . . 

For premiums on miscel- 
laneous 



Total 



Total disbursements 



Balance (credit) 



$32 


50 


911 


00 


48 


00 


94 


25 


78 


00 



13 75 



$2,698 75 



$9,518 90 
$401 51 



ESSEX. 
RECEIPTS. 

Balance on band at close of fiscal year 1900 

From gate receipts 

From rent of grounds 

From entries for races (borse) 

From fine 

From bonds issued, notes given or any 



other obligation 



From State 



$2,153 02 

365 25 

195 00 

25 

500 00 
1,426 85 



Receipts for 1900. 
Total receipts 



DISBURSEMENTS. 

Balance due at cloee of fiscal year 1900 $67 84 

For payment of bonds, notes or other 

obligations 520 00 

For attractions 528 08 

For permanent improvements, im- 
proved track 335 68 



$77 22 



4,640 37 



1,717 59 



Commissioner of Agriculture. 277 

For water rent, $25; insurance, $40. . . $65 00 

For labor 133 91 

For material 82 02 

For band 155 00 

For annual dues State Society Asso- 
ciation and National Trotting Asso- 
ciation 25 00 

For internal revenue 8 31 

For salaries: Secretary, $50; treas- 
urer, $50; office assistants, $36.75; 
police, $90.38; judges, $132.23; 
marshals, $22.25; helpers, etc., 
$85.25; total 466 86 

For race purses (horses) 995 00 

For advertising 124 51 

For stationery 178 40 

For miscellaneous 115 67 

For premiums on horses. . . $154 80 

For premiums on cattle... 227 80 

For premiums on sheep... 155 10 

For premiums on swine... 55 80 

For premiums on poultry. . 25 45 

For premiums on farm pro- 
duce 63 00 

For premiums on dairy 

products 8 20 

For premiums on domestic. 85 43 

For premiums on imple- 
ments and machines.... 69 85 

For premiums on flowers. . 8 75 

For premiums on fruits... 28 60 

For premiums on miscel- 
laneous 33 50 

Total $916 28 

Total disbursements $4,717 59 



278 Ninth Annual Report of the 

FRANKLIN. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 f 1,199 68 

From gate receipts f 5,900 75 

From rent of grounds 225 00 

From rent of privileges 1,251 50 

From grand stand 1,879 00 

From annual members, premium en- 
tries 1,907 00 

From entries for races (horse) 3,413 74 

From programme privilege 60 00 

From State 2,024 92 

Receipts for 1900 16,661 91 

Total receipts f 17,861 59 

DISBURSEMENTS . 

For advertising, telephone and ex- 
penses $1,180 QQ 

For hay and straw 236 60 

For bands 420 00 

For base ball 523 74 

For balloon 189 01 

For labor 657 07 

For material 500 00 

For attractions, $1,006; salaries for 
races, $100; National Trotting As- 
sociation, $20; water rent, $100; in- 
surance, $297.92; total 1,523 92 

For salaries: Secretary, $200; treas- 
urer, $150; office assistants, $86; 
police, $167; judges, $76; superin- 
tendent, $50; president and ex- 
penses, $100; helpers, etc., $294.50; 

total 1,143 50 

For race purses (horses) 7,570 00 



Commissioner of Agriculture. 279 

For protested check $35 75 

For miscellaneous 1G9 64 

For premiums on horses . . . $300 00 

For premiums on cattle. ... 323 00 

For premiums on sheep. . . . 133 00 

For premiums on swine. ... 149 00 

For premiums on poultry. . 66 00 

For premiums on farm pro- t 

dnce 60 00 

For premiums on dairy 

products 47 00 

For premiums on domestic. 132 50 

For premiums on imple- 
ments and machines 146 50 

For premiums on flowers . . 55 00 

For premiums on fruits. ... 58 00 

For premiums on miscel- 
laneous 498 50 

Total $1,968 50 

Total disbursements $16,118 39 

Balance (credit) $1,743 20 



FULTON. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $419 25 

From gate receipts $2,488 45 

From grand stand 722 90 

From rent of grounds 3G4 41 

From rent of privileges 600 14 

From entries for premiums 444 65 

From annual members 115 00 

From entries for races (horse) 745 00 



2S0 Ninth Annual Report of the 

From suspensions $52 25 

From notes given 1,050 00 

From State 2,369 82 

Receipts for 1900 $8,952 62 



Total receipts $9,371 87 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $700 00 

For interest 392 36 

For permanent improvements 1,030 31 

For insurance 271 92 

For labor 351 36 

For material 169 49 

For attractions and music 479 00 

For printing and advertising 248 02 

For hay, feed and straw 98 97 

For salaries: Secretary, $100; treas- 
urer, $100; office assistants, $21; 
police, $50.75; judges, $149.16; super- 
intendent, $65; helpers, etc., $356.50; 

total 842 41 

For race purses (horses) 2,170 00 

For miscellaneous 317 02 

For premiums on horses. . . $149 00 
For premiums on cattle. ... 459 00 
For premiums on sheep. . .. 104 00 
For premiums on swine. . . . 248 00 
For premiums on poultry.. 332 00 
For premiums on farm pro- 
duce 266 00 

For premiums on dairy 

products S 00 

For premiums on domestic. 547 90 
For premiums on imple- 
ments and machines 27 50 



Commissioner of Agriculture. 281 



For premiums on flowers. . $40 50 
For premiums on fruits. ... 47 25 
For premiums on miscel- 
laneous 50 00 



Total $2,279 15 



Total disbursements $9,350 01 



Balance (credit) $21 86 



GENESEE. 
BECEIPTjS. 

Balance on hand at close of fiscal year 1900 $4 94 

From gate receipts 

From rent of grounds 

From rent of privileges 

From annual members 

From life members 

From entries for races (horse) ..... 
From advertisements in catalogue. 
From notes given or any other obliga- 
tion 

From State 

Receipts for 1900 7,916 76 

Total receipts $7,921 70 

DISBURSEMENTS. 

For payment of notes or other obliga- 
tions $1,464 49 

For permanent improvements 880 98 

For labor, $146.75; teams, 64; total. . . 210 75 

For material 232 96 

For insurance, $136.75; dinners at fair, 
$69.50; expenses of meeting, $45.50; 
total 251 75 



$1,629 


40 


45 


00 


220 


00 


252 


00 


50 


00 


753 


00 


100 


00 


3,017 


36 


1,850 


00 



282 Ninth Annual Report of the 

For printing and advertising, $502.42; 

bands, $419; revenue tax, $8.33; total $929 75 

For postage and telegrams, $35.71; 
dues, $35; expenses of delegates, 
$24.44; music, $46.88; total 142 03 

For salaries: Secretary, $100; treas- 
urer, $25; office assistants, $30; po- 
lice, $46.75; judges, $68; total 270 65 

For race purses (horses) 1,520 00 

For premiums on horses . . . $295 00 

For premiums on cattle . . . 258 00 

For premiums on sheep. . . . 334 00 

For premiums on swine... 167 00 

For premiums on poultry. . 134 20 

For premiums on farm pro- 
duce 84 50 

For premiums on dairy 
products 30 00 

For premiums on domestic. 406 40 

For premiums on imple- 
ments and machines 39 50 

For premiums and flowers. 65 50 

For premiums on fruits .... 112 50 

For premiums on miscella- 
neous 14 15 

Total l v 941 25 

Total disbursements $7,844 61 



Balance (credit) $77 09 



Commissioner op Agriculture. 283 

GREENE. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $147 00 

From gate receipts $1,911 70 

From rent of privileges 367 50 

From annual members 89 00 

From entries for races (horse) 370 00 

From bonds issued, notes given or any 

other obligation 500 00 

From State 1,318 84 

Receipts for 1900 4,557 04 

Total receipts $4,704 04 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $613 33 

For permanent improvements 200 00 

For labor 412 57 

For material 423 01 

For printing and advertising 328 67 

For salaries: Secretary, $40; treas- 
urer, $50; office assistants, $10; po- 
lice, $6; judges, $25; superintend- 
ent, $55.28; helpers, etc., $482.50; 
total 668 78 

For race purses (horses) 1,296 50 

For premiums on horses . . . $88 00 

For premiums on cattle. . . . 151 10 

For premiums on sheep. ... 32 00 

For premiums on swine. ... 20 00 

For premiums on poultry. . 30 50 

For premiums on farm pro- 
duce 28 00 

For premiums on dairy 

products 22 00 



2S4 Ninth Annual Report of the 

For premiums on domestic. $191 50 

For improvements and im- 
plements and machines.. 11 00 

For premiums on flowers.. 21 50 

For premiums on fruits... 13 00 

For premiums on miscella- 
neous 37 75 

Total $646 35 

Total disbursements 

Balance (credit) 



L,589 21 



$114 83 



HERKIMER. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $2,968 50 

From rent of grounds 13 00 

From rent of privileges 351 50 

From life members 360 00 

From entries for races (horse) 310 50 

From hay sold 79 76 

From State 1,742 28 

Receipts for 1900 

Total receipts 

DISBURSEMENTS. 

P'or payment of bonds, notes or other 

obligations $637 75 

For National Trotting Association, 

government license and State dues. . 38 24 

For permanent improvements 290 70 

For special attractions 343 50 

For labor 364 55 

For material 199 29 



$67 72 



5,825 54 



$5,893 26 



Commissioner op Agriculture. 285 

For insurance $56 50 

For printing, advertising, postage and 

stationery 286 63 

For miscellaneous expenses 180 10- 

For salaries: Secretary, $75; treasurer, 
$50; office assistants, $104; police, 
185.75; judges, $91.50; superintend- 
ent, $70.20; helpers, etc., $39.75; 
total 616 20 

For race purses (horses) 830 00 

For premiums on horses. . . $199 00 

For premiums on cattle. . . . 301 50 



For premiums on sheep. . . . 


72 00 




For premiums on swine. . . . 


87 00 




For premiums on poultry. . 


91 75 




For premiums on farm pro- 








85 50 




For premiums on dairy 






products 


80 43 




For premiums on domestic. 


359 25 




For premiums on imple- 






ments and machines 


24 00 




For premiums on flowers. . 


47 75 




For premiums on fruits. . . . 


53 50 




For premiums on miscel- 






laneous 


8S 90 




Total 




1,490 58 


Total disbursements 




$5,334 04 


Balance (credit) 


$559 22 



JEFFERSON. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $76 20' 

From gate receipts $3,878 88 

From rent of grounds 180 00 



286 Ninth Annual Report of the 

From rent of privileges $893 00 

From entries for premiums 147 25 

From annual members 721 00 

From life members 10 00 

From entries for races (horse) 1,435 00 

From entries for races (bicycle or 

other) 5 75 

From grand stand 1,771 35 

From bonds issued, notes given or any 

other obligation 4,300 00 

From State 2,694 13 

From hacks, $86; rent of barn, $73.50; 

privileges sold, $103; miscellaneous, 

$21; total 283 50 

Receipts for 1900 $16,319 86 

Total receipts $16,396 06 

DISBURSEMENTS. 

For payment of notes or other obliga- 
tions $2,493 07 

For permanent improvements 2,139 10 

For attractions, $443.07; insurance, 

$62.52; total 505 59 

For labor 2,030 42 

For material 520 84 

For printing, $638.82; miscellaneous, 

$297.96; total 936 78 

For salaries: Secretary, $200; treas- 
urer, $125; total 325 00 

For race purses (horse) 3,855 00 

For race purses (bicycle or other) in- 
cluding cost of prizes 36 00 

For premiums on horses. . . $401 00 

For premiums on cattle. . . . 656 00 

For premiums on sheep. . . . 191 00 



Commissioner of Agriculture. 287 

For premiums on swine. . . . $256 00 

For premiums on poultry. . 477 00 

For premiums on farm pro- 
duce 181 75 

For premiums on dairy 

products 93 00 

For premiums on domestic . 410 80 

For premiums on flowers . . 182 00 

For premiums on fruits. ... 102 25 

For premiums on miscel- 
laneous 205 35 

Total $3,156 15 

Total disbursements $15,997 95 



Balance (credit) $398 11 



LEWIS. 



RECEIPTS. 

Balance on band at close of fiscal year 1900 $1,350 64 

From gate receipts $2,615 75 

From rent of grounds 16 00 

From rent of privileges 446 50 

From annual members 710 00 

From entries for races (horse) 286 25 

From hay sold, $35; wood, $9.50; 

shingles, $4.80; total 49 30 

From State 1,581 07 

Receipts for 1900 5,704 87 



Total receipts $7,055 51 

DISBURSEMENTS. 
For payment of bonds, notes or other 

obligations, interest $230 00 

For permanent improvements 2,913 50 



288 Ninth Annual Eeport of the 

For postage, $34.91; stationery, $21.70; 

telephone, $7.44; total $G4 05 

For labor 151 50 

For material and incidentals G6 13 

For delegates and dues State Associa- 
tion, $34.59; internal revenue, $8.33; 
printing, $328.95; music, $275; at- 
tractions, $426.62; insurance, $52.50; 
water, $25; office, $31; total 1,181 99 

For salaries: Secretary, $100; treas- 
urer and chairman of managers, 
$100; office assistants, $85.25; police, 
$106; judges, $68.31; superintend- 
ent, 80; helpers, etc., $56.22; total. . 595 78 

For race purses (horses) 817 50 

For premiums on horses . . . $239 00 

For premiums on cattle... 375 00 

For premiums on sheep... 27 00 

For premiums on swine... 63 00 

For premiums on poultry. . 82 00 

For premiums on farm pro- 
duce 60 25 

For premiums on dairy 

products 55 00 

For premiums on domestic. 222 75 

For premiums on imple- 
ments and machines.... 54 50 

For premiums on flowers. . 76 75 

For premiums on fruits. . . 40 25 

For premiums on miscel- 
laneous 39 50 

Total 1,335 00 

Total disbursements $7.35.") 45 



Balance (debit) , $299 94 



Commissioner of Agriculture. 



289 



HEMLOCK LAKE UNION 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 
From gate receipts 



From rent of grounds 

From rent of privileges , 

From annual members 

From entries for races (horse) 
From interest on deposits. . . 
From State 



$464 50 


40 


00 


341 


00 


884 


00 


135 


00 


54 27 


1,497 


85 



Receipts for 1900, 



Total receipts 



DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $21 00 

For printing, advertising, stationery 

and postage 158 50 

For purchase of land 1,600 00 

For permanent improvements 284 00 

For special attractions and band 350 00 

For labor 248 86 

For material 225 58 

For purchase of grand stand 675 -00 

For forage, $66; dinner tickets, $72.80. 138 80 

For salaries: Secretary, $35; treasurer, 

$35; office assistants, $10.25; police, 

$70.25; judges, $85; superintendent, 

$80; helpers, $13.50; total 329 00 

For race purses (horses) 575 00 

For premiums on horses. . .' $238 50 
For premiums on cattle. . . 150 00 
For premiums on sheep... 154 00 
For premiums on swine... 36 00 

For premiums on poultry. . 152 75 
19 



5,405 79 



3,416 62 



5,822 41 



290 Ninth Annual Kbport of the 

For premiums on farm pro- 
duce $38 25 

For premiums on dairy 

products 10 25 

For premiums on domestic. 193 55 

For premiums on imple- 
ments and machines 13 00 

For premiums on flowers. . 19 25 

For premiums on fruits. . . 40 00 

For premiums on miscel- 
laneous 7 50 

Total $1,053 05 

Total disbursements $5,658 79 



Balance (credit) $1,163 62 



BROOKFIELD— MADISON COUNTY. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $34 85 

From gate receipts $1,775 00 

From rent of privileges 265 00 

From annual members 142 00 

From entries for races (horse) 414 00 

From grand stand 351 25 

From State 1,510 66 

Receipts for 1900 4,457 91 



Total receipts $4,492 76 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $593 00 

For permanent improvements 167 04 

For labor 145 77 



Commissioner of Agriculture. 291 

For material $392 43 

For special attractions, music, etc. . . . 593 00 

For salaries: Secretary, $43.22; treas- 
urer, $30; office assistants, $21.50; 
police, $27; judges, $51.36; superin- 
k tendent, $67.63; helpers, etc., $53.47; 

total 294 18 

For race purses (horses) 950 00 

For premiums on horses. .. $176 00 

For premiums on cattle. . . . 285 00 

For premiums on sheep. ... 80 00 

For premiums on swine. ... 24 00 

For premiums on poultry . . 130 60 

For premiums on farm pro- 
duce 71 45 

For premiums on dairy 

products 3 50 

For premiums on domestic. 222 00 

For premiums on flowers 18 10 

For premiums on fruits. ... 12 75 

For premiums on miscella- v 
neous 40 45 

Total 1,063 90 

Total disbursements $4,199 32 



Balance (credit) ■ $293 44 



MONTGOMERY. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $162 91 

From gate receipts $838 70 

From rent of grounds 10 00 

From rent of privileges 134 35 



292 Ninth Annual Report of the 

From annual members $83 00 

From life members 40 00 

From entries for races (horse) 30 00 

From hay sold 127 50 

From State 1,711 48 

Receipts for 1900 

Total receipts 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations, interest $260 00 

For music 146 00 

For permanent improvements 98 00 

For printing 109 95 

For labor 343 30 

For material 106 33 

For special attractions 124 25 

For base ball 200 73 

For miscellaneous 104 97 

For salaries: Secretary, $125; treas- 
urer, $40; office assistants, $25; po- 
lice, $10; judges, $24.50; superintend- 
ent, $114.25; helpers, etc., $25; total. 371 75 

For race purses (horses) 200 00 

For premiums on horses. . . $118 00 
For premiums on cattle. ... 95 50 
For premiums on sheep. ... 35 00 
For premiums on swine. ... 53 00 
For premiums on poultry. . 65 00 
For premiums on farm pro- 
duce 92 75 

For premiums on domestic. 159 35 
For premiums on imple- 
ments and machines 8 00 



?2,975 03 



5,137 94 



Commissioner op Agriculture. 293 

For premiums on flowers. . $75 20 
For premiums on miscella- 
neous 71 25 

Total $773 05 

Total disbursements $2,838 33 

Balance (credit) $299 61 



MONROE. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $321 74 

From gate receipts $2,403 48 

From rent of grounds 60 70 

From rent of privileges 472 00 

From entries for premiums 529 07 

From annual members 95 00 

From life members 12 00 

From entries for races (horse) 502 50 

From entries for races (bicycle or 

other) 10 04 

From bonds issued, notes given or any 

other obligation 1,100 00 

From State 2,024 96 

Receipts for 1900 7,209 75 

Total receipts $7,531 49 

DISBURSEMENTS. 
For payment of bonds, notes or other 

obligations $1,846 53 

For permanent improvements 72 26 

For hay and straw 54 71 

For labor, general repairs 179 66 

For postage 17 00 



294 Ninth Annual Eeport of the 

For advertising, $282.55; insurance, 
$70.93; interest, $131.80; total $485 28 

For attractions 424 88 

For general expenses 560 47 

For salaries: Secretary, $100; treas- 
urer, $25; office assistants, $50; 
police, $85; judges, $127.50; helpers, 
etc., $121.50; total 509 00 

For race purses (horses) 1,150 00 

For track repairs 34 12 

For premiums on horses. . . $673 00 

For premiums on cattle. . . . 385 00 

For premiums on sheep. . . . 192 00 

For premiums on swine .... 144 00 

For premiums on poultry.. 116 30 

For premiums on farm pro- 
duce 38 25 

For premiums on dairy 
products 23 50 

For premiums on domestic. 342 15 

For premiums on flowers.. 54 50 

For premiums on fruits. . . . 120 00 

For premiums on miscel- 
laneous 43 15 

Total 2,131 85 

Total disbursements $7,465 76 

Balance (credit) $65 73 



AMERICAN INSTITUTE OF THE CITY OF NEW YORK. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $9,478 12 

From gate receipts $127 25 

From rent of grounds, buildings, etc. . 7,791 63 



Commissioner of Agriculture. 295 

From annual members $385 00 

from interest on United States bonds 

and balances 421 '60 

From miscellaneous 19 25 

From State 1,962 97 



Receipts for 1900 $10,707 70 



Total receipts $20,185 82 

DISBURSEMENTS. 

For general maintenance $5,376 94 

For Sixty-ninth Fair (1900), Berkeley 
Lyceum 1 10 

For Seventieth Fair (1901), Berkeley 

Lyceum 250 54 

For salaries: Office assistants, $3,170; 

helpers, etc., $116; total 3,286 00 

For premiums on poultry. . $42 00 

For premiums on farm pro- 
duce 224 50 

For premiums on flowers. . 1,266 00 

For premiums on fruits .... 303 00 



Total 1,835 50 



Total disbursements 10,750 08 



Balance (credit) $9,435 74 






NIAGARA. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $513 54 

From gate receipts $1,121 95 

From rent of grounds and privileges. 282 20 

From annual members 28 00 

From life members 50 00 



296 Ninth Annual Report of the 

From entries for races (horse) $470 00 

From donations 35 20 

From bonds issued, notes given or any 

other obligation 1,750 00 

From State 1,473 33 

Receipts for 1900 $5,210 G3 

Total receipts $5,724 22 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $700 00 

For permanent improvements 922 44 

For labor 147 20 

For material 70 33 

For advertising, $373.56; attractions, 

$277; total 650 56 

For interest, $325.75; insurance, $25.42; 

taxes, $26.20; total 377 37 

For salaries directors, $108; sundries, 

$25; total 133 00 

For salaries: Secretary, $100; treas- 
urer, $100; police, $60; judges, $15; 

helpers, etc., $90.32; total 365 32 

For race purses (horses) 1,375 00 

For premiums on horses . . . $153 00 
For premiums on cattle... 175 00 
For premiums on sheep ... 47 00 
For premiums on swine. ... 26 00 
For premiums on poultry. . 133 50 
For premiums on farm pro- 
duce. • 44 70 

For premiums on dairy 

products. 20 75 

For premiums on domestic. 167 25 



Commissioner of Agriculture. 297 

For premiums on imple- 
ments and machines $5 00 

For premiums on flowers. . . 93 00 

For premiums on fruits. ... 60 00 

For premiums on miscella- 
neous 10 00 

Total $935 20 

Total disbursements f 5,676 42 

Balance (credit) $47 80 



ONEIDA. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,414 17 

From gate receipts $2,985 50 

From rent of grounds 500 00 

From rent of privileges 570 00 

From rent of coops 64 80 

From annual members 342 00 

From life members 20 00 

From entries for races (horse) 600 00 

From hay sold 1 31 

From State 1,805 30 

Keceipts for 1900 6,888 91 

Total receipts $8,303 08 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $3 75 
For payment of bonds, notes or other 

obligations 291 50 

For printing and advertising 488 18 

For permanent improvements 657 82 

For entertainments 991 40 



298 Ninth Annual Report of the 

For labor $137 50 

For material 468 26 

For County Agricultural Societies, $30; 

National Association, $25; total. ... 55 00 

For insurance, $109; revenue tax, 
$10.17; total 119 17 

For miscellaneous 22 40 

For salaries: Secretary, $50; treasurer, 
$50; office assistants, $61.75; police, 
$179.20; judges, $60; superintendent, 
$19; total 419 95 

For race purses (horses) 1,745 00 

For premiums on horses. . . $177 00 

For premiums on cattle. . . . 640 00 

For premiums on sheep. . . . 102 00 

For premiums on swine. . . 54 50 

For premiums on poultry . . 376 00 

For premiums on farm pro- 
duce 41 50 

For premiums on dairy 
products 12 00 

For premiums on domestic. 314 00 

For premiums on flowers. . . 33 50 

For premiums on fruits. . . . 107 00 

Total 1,857 50 

Total disbursements $7,257 43 

Balance (credit) $1,045 65 



ONTARIO. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $1,269 67 

From rent of grounds 102 00 



$6 00 



Commissioner of Agriculture. 

From rent of privileges f 216 75 

Froni annual members 151 00 

From life members 10 00 

From entries for races (horse) 275 00 

From notes given 907 64 

From other sources 6 80 

From State 1,648 28 

Receipts for 1900 

Total receipts 

DISBURSEMENTS. 

For payment of notes or other obliga- 
tions $315 11 

For sidewalk, $375; sewer tax, f 75.46; 

total 450 46 

For permanent improvements 114 00 

For printing 368 24 

For labor on buildings, $51.98; on 

grounds, $107.05 ; total 159 03 

For material 99 17 

$72.38; postage, $29.64; water, $10; 
attractions, $290; band, $75; dele- 
gates to Albany, $17.86; dues State 
Association, $10; bills of 1900, $2.40; 
insurance, $83.82; dinners, $54; other 
expenses, $117.24; total 805 34 

For salaries: Secretary, $50; treasurer, 
$50; office assistants, $124; police, 
$83.75; judges, $48.14; superintend- 
ent, $93.50 ; helpers, etc., $39 ; total . . 488 39 

For race purses (horses) 670 00 

For race purses (bicycle or other) in- 
cluding cost of prizes 10 00 

For premiums on horses. . . $265 00 

For premiums on cattle. ... 95 00 



299 



L,587 14 



$4,593 14 



300 Ninth Annual Report of the 

For premiums on sheep $200 00 

For premiums on swine. ... 45 00 
For premiums on poultry. . 93 50 
For premiums on farm pro- 
duce 83 60 

For premiums on domestic. 179 25 
For premiums on imple- 
ments and machines 19 75 

For premiums on flowers.. 37 75 

For premiums on fruits. ... 87 60 

Total $1,106 45 

Total disbursements 

Balance (credit) 



t,586 19 



$6 95 



ORANGE. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $171 97 

From gate receipts and grand stand. . $3,253 50 

From miscellaneous sources 163 00 

From rent of privileges 650 07 

From entries for premiums 381 30 

From annual members 350 00 

From score cards, $30.30; stables, 

$93.80; total 124 10 

From entries for races (horse) 449 00 

From entries for athletic contests. ... 23 25 
From donations, $25.95; fines for sell- 
ing beer, $50; total 75 95 

From bonds issued, notes given or any 

other obligation 5,625 00 

From State 2,624 56 

Receipts for 1900 13,719 73 

Total receipts $13,891 70 



Commissioner op Agriculture. 301 

DISBURSEMENTS. 

For payment of bonds, notes or other 
obligations f 4,879 98 

For labor 984 34 

For material 273 65 

For insurance, $85.29; bay, grain and 
straw, $187.34; dinner tickets, 
$174.50; total 447 13 

For music, $175; attractions, $375; 
printing and advertising, $556.57; 
total 1,106 57 

For office disbursements, $110.80; mis- 
cellaneous, $491.44; total 602 24 

For salaries: Secretary, $140; treas- 
urer, $75; police, $123.50; judges, 
$71.60; superintendent, $135; help- 
ers, etc., $86; total 631 10 

For race purses (horses) 1,430 00 

For premiums on horses . . . $276 00 

For premiums on cattle. . . . 558 00 

For premiums on sheep. ... 81 00 

For premiums on swine. ... 23 00 

For premiums on poultry. . 940 00 

For premiums on farm pro- , 

duce 286 50 

For premiums on dairy 

products 11 00 

For premiums on domestic . 472 00 

For premiums on imple- 
ments and machines 167 00 

For premiums on flowers . . 138 50 

For premiums on fruits. . . . 278 25 

For premiums on miscel- 
laneous 217 00 

Total 3,448 25 

Total disbursements $13,800 26 



Balance (credit) $91 44 



302 Ninth Annual Report of the 

ORLEANS. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $939 00 

From rent of grounds 70 00 

From rent of privileges 506 80 

From grand stand 133 40 

From annual members 968 00 

From life members 40 00 

From entries for races (horse) 447 25 

From returned premium 3 00 

From rebate insurance 8 75 

From notes given 900 00 

From State 1,873 08 

From interest on mortgage, f 49.80; 
oats and fodder, |41.12; log cabin, 

|7; total 97 92 

Receipts for 1900 

Total receipts 

DISBUPvSEMElTTS. 
For payment of notes or other obliga- 
tions $624 00 

For permanent improvements 980 00 

For insurance 99 16 

For labor 434 20 

For material 539 98- 

For salaries: Secretary, $75; treas- 
urer, $75; office assistants, $51.75; 
police, $73.25; judges, $72.50; super- 
intendent, $54; helpers, etc., $140; 

total 541 50' 

For race purses (horses) 991 25- 

For premiums on horses. .. $353 75 
For premiums on cattle... 224 00 



$367 42: 



5,987 20 



>,354 62 






Commissioner of Agriculture. 

For premiums on sheep. . . . $454 00 

For premiums on swine... 118 00 

For premiums on poultry.. 163 50 

For premiums on farm pro- 
duce 61 00 

For premiums on domestic. 214 55 

For premiums on imple- 
ments and machines .... 4 00 

For premiums on flowers . . 56 00 

For premiums on fruits... 112 25 

For premiums on miscella- 
neous 77 50 

Total #1,841 55 

Total disbursements 

Balance (credit) 



303 



1,051 64 



$302 98 



OSWEGO. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $592 95 

From gate receipts $4,543 52 

From rent of grounds 55 00 

From rent of privileges 588 67 

From life members 100 00 

From entries for races (horse) 209 00 

From State 2,120 85 

Receipts for 1900 7,617 04 

Total receipts $8,209 99 

DISBURSEMENTS. 

For permanent improvements $1,784 10 

For labor 664 94 

For material 531 89 



304 Ninth Annual Report of the 

For printing, $138.03; advertising, 
$145; use of tents, $92.50; insurance, 
$16; total $391 53 

For interest, $200; music, $110; special 
attractions, $225; revenue tax, $8.33; 
water rent, $6; total 549 33 

For judgment and costs account merry- 
go-round law suit 301 44 

For salaries: Secretary, $150; treas- 
urer, $50; office assistants, $39.30; 
police, $183.38; judges, $135.98; su- 
perintendent, $140.04; helpers, etc., 
$85.75; total 784 45 

For race purses (horses) 1,125 00 

For premiums on horses. . . $305 00 

For premiums on cattle . . . 405 00 

For premiums on sheep. . . . 147 00 

For premiums on swine. . . . 234 00 

For premiums on poultry.. 153 50 

For premiums on farm pro- 
duce 180 50 

For premiums on dairy 
products 18 00 

For premiums on domestic. 504 95 

For premiums on imple- 
ments and machines 20 00 

For premiums on flowers.. 29 50 

For premiums on fruits... 26 25 

Total 2,023 70 

Total disbursements $8,156 38 



Balance (credit) $53 61 



Commissioner of Agriculture. 



305 



OTSEGO. 

RECEIPTS. 

From gate receipts $2,212 57 

From rent of grounds 20 00 

From rent of privileges 299 25 

From annual members 173 00 

From life members 20 00 

From entries for races (horse) 207 50 

From grand stand 221 95 

From donations 100 00 

From bonds issued, notes given or any 

other obligation 1,500 00 

From State 2,000 09 

Total receipts 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $206 18 

For permanent improvements 1,345 23 

For labor 226 80 

For material and printing 293 54 

For special attractions 358 69 

For sundries and all other expenses. . . 1,196 98 

For salaries: Secretary, $75; treas- 
urer, $50; office assistants, $90.75; 
police, $141; judges, $57; superin- 
tendent, $40; helpers, etc., $33; total 486 75 

For race purses (horses) 1,022 50 

For race purses (bicycle or other) in- 
cluding cost of prizes 75 00 

For premiums on horses. . . $147 00 

For premiums on cattle... 788 00 

For premiums on sheep... 275 00 

For premiums on swine... 44 00 

For premiums on poultry. . 173 75 

For premiums on farm pro- 
duce 89 00 

20 



$7,054 36 



306 Ninth Annual Report of the 

For premiums on dairy 

products $29 25 

For premiums on domestic. 186 00 

For premiums on imple- 
ments and machines 62 00 

For premiums on flowers.. 34 25 

For premiums on fruits. ... 46 50 

For premiums on miscella- 
neous 164 25 

Total $2,039 00 

Total disbursements 

Balance (debit) 



$7,250 67 
$196 31 



PUTNAM. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $208 26 

From gate receipts $1,150 50 

From rent of grounds 50 00 

From rent of privileges 260 00 

From entries 10 00 

From grand stand 408 25 

From score cards 69 30 

From entries for races (horse) 630 00 

From reserved seats 75 50 

From State 1,275 90 

Receipts for 1900 3,929 45 

Total receipts $4,137 71 

DISBURSEMENTS. 

For unpaid bills $294 00 

For insurance 60 00 

For interest on note 60 00 

For permanent improvements 119 79 

For feed, oats and straw 225 75 



Commissioner of Agriculture. 307 

For labor $350 00 

For material 114 29 

For advertising 145 00 

For printing 103 42 

For salaries: Secretary, $50; treasurer, 
$35; office assistants, $50; police, 
$125.50; judges, $50; superintendent, 
$60; helpers, etc., $25; total 395 50 

For race purses (horses) 1,500 00 

For race purses (bicycle or other) in- 
cluding cost of prizes 100 00 

For premiums on horses. . . $165 50 

For premiums on cattle. . . . Ill 00 

For premiums on farm pro- 
duce 72 00 

For premiums on dairy 
products 46 50 

For premiums on domestic. 360 50 

For premiums on flowers. . 105 00 

For premiums on fruits... 108 25 

For premiums on miscella- 
neous 15 00 

Total 983 75 



Total disbursements $4,451 50 



Balance (debit) $313 79 



QUEENS— NASSAU. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $6,068 61 

From gate receipts $15,609 40 

From rent of carriage sheds 376 00 

From rent of privileges 2,768 35 

From entries for premiums (poultry). . 169 00 

From annual members 1,134 00 

From life members 275 00 



308 Ninth Annual Report of the 

From entries for races (horse) $3,898 75 

From carriage tickets 269 00 

From miscellaneous 77 77 

From State 3,631 62 

Receipts for 1900 $28,208 89 



Total receipts $34,277 50 

DISBURSEMENTS. 

For payment of bonds and interest. . . $3,579 73 

For debts of 1900 122 50 

For printing and stationery 1,010 12 

For incidental expenses 4,183 17 

For labor 1,058 62 

For salaries: Secretary, $600; treas- 
urer, $750; police, $410; judges, 
$431.88; superintendent, $75; help- 
ers, $1,916.75; total 4,183 60 

For race purses (horses) 7,452 50 

For premiums on horses. . . $150 00 

For premiums on cattle... 663 00 

For premiums on sheep. . . . • 176 00 

For premiums on swine... 249 00 

For premiums on poultry . . 762 00 

For premiums on farm pro- 
duce 507 00 

For premiums on domestic. 560 25 

For premiums on imple- 
ments and machines 245 00 

For premiums on flowers. . 845 00 

For premiums on fruits .... 415 00 

For premiums on miscella- 
neous 641 75 

Total 5,214 00 

Total disbursements 26,804 24 

Balance (credit) $7,473 26 



Commissioner of Agriculture. 309 

AGRICULTURAL AND LIBERAL ARTS SOCIETY OF 

RENSSELAER COUNTY. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $24 22 

From gate receipts $2,246 75 

From rent of privileges 523 00 

From entries for premiums 162 28 

From annual members 49 00 

From entries for races (horse) 432 50 

From bonds issued, notes given or any 

other obligation 1,300 00 

From State 2,190 23 

Receipts for 1900 6,903 76 

Total receipts $6,927 98 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $700 00 

For labor 133 12 

For material and feed 368 58 

For miscellaneous, music, attractions, 
rent, etc \ 1,171 33 

For salaries: Police, $50; judges, 

$112.80; helpers, etc., $129.74; total. 292 54 

For race purses (horses) 1,442 50 

For premiums on horses. . . $296 00 

For premiums on cattle... 354 25 

For premiums on sheep... 237 00 

For premiums on swine... 136 00 

For premiums on poultry. . 275 50 

For premiums on farm pro- 
duce 115 75 

For premiums on dairy 

products 22 00 



310 Ninth Annual Report of the 

For premiums on domestic. $191 75 

For premiums on imple- 
ments and machines .... 25 00 

For premiums on flowers . . 723 00 

For premiums on fruits .... 99 00 

For premiums on miscella- 
neous 250 25 

Total $2,725 50 

Total disbursements $6,833 57 



Balance (credit) $94 41 



RENSSELAER COUNTY AGRICULTURAL AND HORTICUL- 
TURAL SOCIETY. 

RECEIPTS. 

From gate receipts $1,754 65 

From rent of grounds 208 58 

From rent of privileges 301 80 

From entries for premiums 21 75 

From annual members 315 00 

From entries for races (horse) 332 00 

From donations 200 00 

From bonds issued, notes given or any 

other obligation 800 00 

Total receipts $3,933 78 

DISBURSEMENTS. 

For hay and straw $91 38 

For labor 132 11 

For material 86 45 

For general expenses (stationery, post- 
age, etc.) 110 51 



Commissioner of Agriculture. 311 

For advertising f 526 06 

For music, $208.44; amusements, $353 ; 

total 561 44 

For salaries: Secretary, $100; office 
assistants, $5; police, $85.50; judges, 
$21.50; superintendent, $15; total.. 227 00 

For race purses (horses) 1,268 60 

For National Trotting Association... 15 00 

!For premiums on horses. .. $104 00 

For premiums on cattle... 61 00 

For premiums on sheep... 19 00 

For premiums on swine... 34 00 

For premiums on poultry. . 54 75 

For premiums on farm pro- 
duce 71 50 

For premiums on dairy 

products 4 00 - 

For premiums on domestic. 108 00 

For premiums on imple- 
ments and machines 121 50 

For premius on flowers 84 00 

For premiums on fruits ... 51 25 

For premiums on miscella- 
neous 64 50 

Total 777 50 

Total disbursements $3,796 05 



Balance (credit) $137 73 



ROCKLAND COUNTY AGRICULTURAL AND HORTICUL- 
TURAL ASSOCIATION. 

RECEIPTS. 

From gate receipts $1,929 75 

From rent of stables 125 25 



312 Ninth Annual Report of the 

From rent of privileges $539 70 

From entries for premiums (poultry). . 64 00 

From annual members 597 00 

From grand stand, $411.50; bleachers, 

$80.40; total 491 90 

From entries for races (horse) 1,309 00 

From notes given 250 00 

From State 1,581 47 

Total receipts $6,888 07 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $90 55 

For payment of bonds, notes or other 
obligations 

For ground rent 

For Association dues . . . *. 

For attractions 

For labor 

For material 

For various expenses 

For advertising 

For printing 

For salaries: Secretary, $105; treas- 
urer, $50; office assistants, $34.50; 
police, $62; judges, $32.50; superin- 
tendent, $65; helpers, etc., $29; total. 378 00 

For music, $190.50; tents, $120.95; 
total 311 45 

P'or premiums on horses. .. $115 50 

For premiums on cattle... 82 00 

For premiums on sheep. ... 15 00 

For premiums on swine... 19 50 
For premiums on poultry . . 203 50 
For premiums on farm pro- 
duce 247 80 



1.100 


00 


450 


00 


25 


00 


231 


00 


385 


12 


513 


05 


255 


14 


86 


80 


159 


63 






Commissioner of Agriculture. 313 

For premiums on dairy 

products $1 75 

For premiums on domestic. 3-4 75 

For premiums on flowers.. 76 15 

For premiums on fruits . . . 152 95 

For premiums on miscella- 
neous 171 55 

Total $1,120 45 

Total disbursements $7,056 19 

Balance (debit) $168 12 



ST. LAWRENCE. 

RECEIPTS. 

From gate receipts $3,994 20 

From rent of grounds 776 45 

From rent of privileges 160 00 

From entries for premiums 272 50 

From entries for races (horse) 1,886 00 

From bonds issued, notes given or any 

other obligation 5,300 00 

From State 2,197 12 

Total receipts $14,586 27 

DISBURSEMENTS. 
For payment of bonds, notes or other 

obligations $5,929 67 

For permanent improvements 894 81 

For labor 181 00 

For material 273 25 

For salaries: Secretary, $200; treas- 
urer, $100; office assistants, $96; 
police, $128.50; vice-president, $100; 
superintendent, $100; helpers, etc., 
$37.50; total 762 00 



314 Ninth Annual Report of the 

For race purses (horses) $3,751 00 

For premiums on horses . . . $229 00 

For premiums on cattle .... 923 00 

For premiums on sheep... 187 00 

For premiums on swine... 59 00 

For premiums on poultry.. 541 25 

For premiums on farm pro- 
duce 95 00 

For premiums on dairy 

products . . . '. 124 00 

For premiums on domestic. 401 00 

For premiums on imple- 
ments and machines 93 00 

For premiums on flowers.. 27 00 

For premiums on fruits. ... 37 75 

For premiums on miscel- 
laneous 28 00 

Total ' 2,745 00 

Total disbursements $14,536 73 

Balance (credit) $49 54 



SARATOGA. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $504 15 

From gate receipts $1,883 55 

From grand stand 589 45 

From rent of privileges 675 50 

From poultry 296 75 

From annual members 510 00 

From entries for races (horse) 450 00 

From donations 250 00 

From State 2,037 00 

Receipts for 1900 6,692 25 

Total receipts . . ._ $7,196 40 



/ 



Commissioner of Agriculture. 315 



DISBURSEMENTS. 

For Educational Day $108 00 

For miscellaneous 110 91 

For advertising 233 20 

For permanent improvements 418 47 

For hay and feed 2£4 19 

For labor 133 41 

For material and supplies 102 61 

For superintendents of departments. . 51 00 

For printing 97 30 

For insurance 85 10 

For salaries: Secretary, $150; treas- 
urer, $75; office assistants, $87; 
police, $83.25; judges, $71.55; super- 
intendent, $25; helpers, etc., $136.88; 

total 628 68 

For race purses (horses) 1,180 00 

For attractions and music 490 00 

For premiums of 1900 paid in 1901 .... 14 60 
For premiums on horses . . . $144 00 
For premiums on cattle... 501 00 
For premiums on sheep. . . . 205 50 
For premiums on swine... 161 00 
For premiums on poultry.. 689 20 
For premiums on farm pro- 
duce 95 25 

For premiums on dairy 

products 32 50 

For premiums on domestic. 350 25 
For premiums on imple- 
ments and machines 45 75 

For premiums on flowers.. 96 50 
For premiums on fruits. ... 59 00 
For premiums on miscel- 
laneous 86 35 



Total 2,466 30 

Total disbursements $6,383 77 



Balance (credit) $812 63 



316 Ninth Annual Report of the 

SCHOHARIE. 
EECEIPTS. 

Balance on band at close of fiscal year 1900 $39 81 

From gate receipts $1,303 19 

From rent of grounds 17 00 

From rent of privileges 401 25 

From entries for premiums 346 54 

From forage and old lumber 41 64 

From new lumber and freigbt rebate. . 12 22 

From entries for races (borse) 270 00 

From bonds issued, notes given or any 

otber obligation 2,700 00 

From State 1,741 53 

Receipts for 1900 6,833 37 

Total receipts $6,873 18 

DISBURSEMENTS. 

For payment of bonds, notes or otber 

obligations $1,027 00 

For permanent improvements 1,200 00 

For labor 418 69 

For material 118 40 

For salaries: Secretary, $50; treasurer, 

$50; judges, $70; total 170 00 

For race purses (borses) 1,500 00 

For race purses (bicycle or otber) in- 
cluding cost of prizes 295 00 

For premiums on borses. . . $164 00 

For premiums on cattle. .. 434 00 

For premiums on sheep... 321 00 

For premiums on swine... 120 00 

For premiums on poultry. . 494 25 

For premiums on farm pro- 
duce 147 50 



Commissioner op Agriculture. 31 T 

For premiums on dairy 

products $12 50 

For premiums on domestic. 367 30 

For premiums on imple- 
ments and machines 3 00 

For premiums on flowers. . 12 00 

For premiums on fruits... 101 00 

For premiums on miscel- 
laneous 22 00 

Total $2,198 55 

Total disbursements $6,920 64 

Balance (debit) $47 46 



SCHUYLER. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,218 73 

From gate receipts $827 93 

From rent of grounds 109 75 

From rent of privileges ST 50 

From annual members 226 00 

From grand stand 62 30 

From entries for races (horse) 129 37 

From advertising — premium list 56 00 

From interest 37 50 

From State 1,518 96 

Receipts for 1900 3,055 31 



Total receipts $4,274 04 

DISBURSEMENTS. 

For rent of grounds $250 00 

For advertising, telephone and sundry 

expenses 49 65 

For permanent improvements 37 68 



318 Ninth Annual Rhport of the 

For attractions $197 00 

For printing 70 00 

For material and labor 138 89 

For salaries: Secretary, $25; treasurer, 
$25; office assistants, $11; police, 
$31.75; judges, $46.05; superintend- 
ent, $17; helpers, etc., $32.50; total. . 188 30 

For race purses (horses) 545 00 

For premiums on horses. . . $152 50 

For premiums on cattle. . . 97 00 

For premiums on sheep... 165 00 

For premiums on swine... 71 00 

For premiums on poultry. . 174 75 

For premiums on farm pro- 
duce 137 75 

For premiums on dairy 

products 2 50 

For premiums on domestic. 327 25 

For premiums on flowers. . 81 00 

For premiums on fruits. . . 167 00 

For premiums on miscel- 
laneous 20 75 

Total 1,396 50 

Total disbursements $2,873 02 

Balance (credit) $1,401 02 



SENECA. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,471 22 

From gate receipts $1,211 29 

From rent of privileges 194 00 

From entries for premiums 82 80 

From annual members 708 00 



Commissioner op Agriculture. 319 

From entries for races (horses) $361 89 

From State 1,739 71 

Receipts for 1900 $4,2-97 69 

Total receipts $5,768 91 

DISBURSEMENTS. 

For permanent improvements $35 16 

For labor 211 43 

For material 155 76 

For dues, State Society 10 00 

For insurance , . . . . 93 44 

For miscellaneous 129 98 

For salaries: Office assistants, $96; 
police, $80.12; judges, $48.24; super- 
intendent, $84; helpers, etc., $12; 
total 320 36 

For race purses (horses) 890 00 

For premiums on horses . . . $286 00 

For premiums on cattle . . . 318 00 

For premiums on sheep. . . 162 00 

For premiums on swine...- 134 00 

For premiums on poultry.. 261 75 

For premiums on farm pro- 
duce 32 00 

For premiums on dairy 

products 9 00 

For premiums on domestic. 96 00 

For premiums on imple- 
ments and machines.... 5 00 

For premiums on flowers . . 31 00 

For premiums on fruits ... 22 50 

For premiums on miscella- 
neous 31 75 

Total 1,389 00 

Total disbursements 3,235 13 

Balance (credit) , $2,533 78 



320 Ninth Annual Keport of the 

STEUBEN. 
RECEIPTS. 

From gate receipts |4,087 50 

From rent of grounds 2 00 

From rent of privileges 744 00 

From entries for premiums 350 00 

From annual members 340 00 

From entries for races (horse) 764 50 

From entries for races, miscellaneous. 2S1 33 

From State 2,603 86 

Total "receipts §9,173 ID 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $23 54 

For payment of bonds, notes or other 

obligations, interest 21U 00 

For labor 274 23 

For material 293 51 

For forage 215 78 

For music 141 00 

For miscellaneous 1,065 25 

For salaries: Secretary, $300; treas- 
urer, §50; office assistants, $217.80; 
police, $59; judges, $19; superintend- 
ent, $150; helpers, etc., $272; total. . 1,067 80 

For race purses ihorses) 1,600 00 

For premiums on horses . . . S444 00 
For premiums on cattle . . . 430 75 
For premiums on sheep . . . 312 20 
For premiums on swine . . . 271 00 
For premiums on poultry. . 501 50 
For premiums on farm pro- 
duce 218 75 

For premiums on dairy 
products 14 00 



Commissioner op Agriculture. 

For premiums on domestic. $166 75 
For premiums on flowers . . 19 50 
For premiums on fruits .... 219 25 
For premiums on miscella- 
neous 377 00 

Total $2,974 70 

Total disbursements 

Balance (credit) 



321 



$7,865 83 
$1,307 36 



SUFFOLK. 

RECEIPTS. 

From gate receipts $3,645 00 

From rent of privileges 649 00 

From life members 50 00 

From entries for races (horse) 925 00 

From State 2,092 30 

Total receipts 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $605 27 

For permanent improvements 2.597 16 

For labor 1,009 43 

For material 547 42 

For printing, $413.68; insurance, $70; 

total ' 483 68 

For freight, $220; hay and feed, 

$325.40; total 545 40 

For salaries: Secretary, $200; police, 

$43.40 ; judges, $245 ; total 48S 40 

For race purses (horses) 2,130 00 

For premiums on horses. . . $187 00 
For premiums on cattle ... 380 75 
21 



$7,361 30 



322 Ninth Annual Report of the 

For premiums on sheep... $101 00 

For premiums on swine . . . 108 00 

For premiums on poultry.. 311 25 

For premiums on farm pro- 
duce 249 25 

For premiums on domestic. 396 50 

For premiums on imple- 
ments and machines .... 38 00 

For premiums on flowers . . 83 75 

For premiums on fruits ... 68 00 

For premiums on miscella- 
neous 97 50 

Total $2,021 00 

Total disbursements $10,427 76 



Balance (debit) $3,066 46 



SULLIVAN. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $536 55 

From gate receipts $1,809 09 

From rent of privileges 380 00 

From annual members 199 00 

From life members 20 00 

From entries for races (horse) 113 00 

From State 1,781 72 

Receipts for 1900 4,302 81 



Total receipts $4,839 36 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $65 10 

For permanent improvements 385 72 

For labor 481 10 






Commissioner op Agriculture. 323 

For material $384 72 

For miscellaneous 41 50 

For salaries: Secretary, $50; treasurer, 
$10; police, $50; judges, $47; super- 
intendent, $20; helpers, etc., $90; 
total 267 00 

For race purses (horses) - 575 00 

For premiums on horses . . . $213 00 

For premiums on cattle . . . 435 00 

For premiums on sheep... 43 50 

For premiums on swine ... 44 00 

For premiums on poultry.. 101 25 

For premiums on farm pro- 
duce 127 00 

For premiums on dairy 
products 39 75 

For premiums on domestic. 133 45 

For premiums on imple- 
ments and machines .... 42 50 * 

For premiums on flowers. . 55 25 

For premiums on fruits... 30 60 

For premiums on miscella- 
neous 136 50 

Total 1,401 80 

Total disbursements $3,601 94 

Balance (credit) $1,237 42 



TIOGA. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $218 17 

From gate receipts $1,810 80 

From rent of grounds 286 30 



324 Ninth Annual Report of the 

From rent of privileges $265 00 

From entries for premiums 92 75 

From annual members 731 00 

From entries for races (horse) 340 00 

From bonds issued, notes given or any 

other obligation 201 50 

From State .- 1,620 05 

Receipts for 1900 $5,347 40 

Total receipts $5,565 57 

DESBXniSEMENTS. 

For payment of bonde, notes or other 
obligations $1,706 66 

For permanent improvements 72 40 

For labor 251 90 

For material 86 49 

For expenses, $214.68; advertising, 
$366.35; total 581 03 

For attractions 365 00 

For baseball 95 70 

For salaries: Office assistants, $38; 
police, $73; judges, $98.21; helpers, 
etc., $61.96 271 17 

From race purses (horses) 1,000 00 

For premiums on horses . . . $116 00 

For premiums on cattle . . . 272 00 

For premiums on sheep . . . 124 00 

For premiums on swine ... 49 00 

For premiums on poultry. . 323 25 

For premiums on farm pro- 
duce 21 25 

For premiums on dairy 
products 17 25 

For premiums on domestic. 220 60 



Commissioner of Agriculture. 325 

For premiums on flowers. . . $22 00 

For premiums on fruits 73 80 

For premiums on miscella- 
neous 29 00 

Total |1,268 15 

Total disbursements $5,698 50 

Balance (debit) |132 93 



TOMPKINS. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $401 85 

From gate receipts $1,268 59 

From rent of privileges 328 00 

From forage sold 31 22 

From annual members 1,386 00 

From members, $5 each 200 00 

From entries for races (horse) 304 50 

From signs on fence and advertise- 
ments and premium list 123 00 

From bonds issued, notes given or any , 

other obligation 2,200 00 

From State 2,045 96 

Receipts for 1900 7,887 27 

Total receipts $8,289 12 

DISBURSEMENTS. 

For permanent improvements $989 75 

For labor 126 99 

For material 183 96 

For tickets and advertising, $944.50; 

tents, $210; insurance, $84; posters, 

$8; attractions, $495; repairs, 



326 Ninth Annual Report of this 

$272.33; National Trotting Associa- 
tion, $29; starter, $35; electricity, 
$48; marshal, $10; forage, $106.37; 
total $2,241 80 

For salaries: Secretary, $50; treasurer, 
$50; office assistants, $36; police, 
$29.75; judges, $36; superintendent, 
$81.50; total 283 25 

For race purses (horses) 1,956 00 

For premiums on horses. . . $544 50 

For premiums on cattle. . . . 503 75 

For premiums on sheep. . . . 291 00 

For premiums on swine .... 223 00 

For premiums on poultry . . 95 00 

For premiums on farm pro- 
duce 105 15 

For premiums on dairy 
products 48 45 

For premiums on domestic. 257 65 

For premiums on flowers . . 63 35 

For premiums on fruits. ... 71 40 

For premiums on miscella- 
neous 286 35 

• 

Total 2,489 60 



Total disbursements $8,271 35 



Balance (credit) $17 77 



ULSTER. 

BECEIPTS. 

Balance on hand at close of fiscal year 1900 $225 13 

From gate receipts $1,760 50 

From grand stand 160 75 



Commissioner of Agriculture. 327 

From rent of privileges $231 75 

From entries for premiums and annual 

members 180 00 

From donations 52 30 

From notes given 500 00 

From State 1,802 69 

Receipts for 1900 $4,687 99 

Total receipts $4,913 12 

DISBTTKSEMENTS. 

For payment of notes and interest . . . $1,050 00 

For labor 182 30 

For material 180 39 

For miscellaneous expenses 542 13 

For advertising and printing 360 51 

For rent of grounds 200 00 

For salaries: Secretary and assistant, 
$150; treasurer, $50; office assist- 
ants, $37; judges, $73.27; euperin- 

tendent, $25; total 335 27 

For race purses (horses) 259 75 

For purses (coaching parade) 162 93 

For premiums on horses . . . $203 40 
For premiums on cattle... 319 50 
For premiums on sheep. ... 11 70 

For premiums on swine ... 10 80 

For premiums on poultry . . 198 67 
For premiums on farm 

produce 121 75 

For premiums on dairy 

products 19 00 

For premiums on domestic. 224 15 
For premiums on imple- 
ments and machines 82 50 



328 Ninth Annual Report of thh 

For premiums on flowers . . $40 90 
For premiums on fruits. ... 112 00 
For premiums on miscel- 
laneous 84 00 

Total $1,428 37 

Total disbursements 

Balance (credit) 



L,701 65 



$211 47 



WARREN COUNTY FAIR. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $1,641 09 

From rent of grounds 10 00 

From rent of privileges 299 75 

From entries for premiums 14 50 

From entries for races (horse) 333 75 

From notes given 5,800 92 

From State 1,312 63 

Receipts for 1900 

Total receipts 

DISBURSEMENTS. 

For payment of notes $825 07 

For rental of land and appurtenances. 500 00 

For grand stand, judges' hall, exhibi- 

tion'hall 4,100 00 

For labor 535 28 

For material 994 95 

For sundry bills, $133.46; insurance, 
$59.16; music, $100; printing and ad- 
vertising, $187.73; attractions, $230; 
total 710 35 



$14 50 



9,412 64 



),427 14 









Commissioner of Agriculture. 329 

For salaries: Secretary, $50; office 
assistants, $10; police, $8; judges, 
$40; helpers, etc., $154; total $268 00 

For race purses (horses) 765 00 

For race purses (bicycle or other), in- 
cluding cost of prizes 25 00 

For premiums on horses . . . $71 50 

For premiums on cattle. .. 128 50 

For premiums on sheep. ... 47 00 

For premiums on swine. ... 33 00 

For premiums on poultry.. 79 00 

For premiums on farm 
produce 41 50 

For premiums on dairy 
products 63 50 

For premiums on domestic. 154 00 

For premiums on imple- 
ments and machines 23 00 

For premiums on flowers. . 30 25 

For premiums on fruits ... 14 75 

Total 681 00 



Total disbursements $9,404 65 



Balance (credit) $22 49 



WASHINGTON. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $92 35 

From gate receipts $1,140 70 

From rent of privileges 1,700 00 

From annual members 154 00 

From hay ,,,,., 50 00 



330 Ninth Annual Report of the 

From bonds issued, notes given, or any 

other obligations $1,800 00 

From State 2,862 41 

Receipts for 1900 $10,707 11 

Total receipts $10,799 46 

DISBURSEMENTS. 

For payment of bonds, notes given or 

other obligations $1,552 00 

For insurance 2 19 00 

For permanent improvements 350 00 

For labor 274 00 

For material and supplies (301 68 

For attractions, $521; hay and straw. 
$294.91; advertising, $636.25; print- 
ing, $450; total 1,902 16 

For salaries: Secretary, $300; treas- 
urer, $150; office assistants, $86; 
police, $288.05; judges, $150; super- 
intendent, $205.37; helpers, etc., 
$120.50; total 1,299 92 

For race purses (horses) 600 00 

For rental 68 13 

For premiums on horses. . . $430 00 

For premiums on cattle... 1,142 00 

For premiums on sheep. . . . 321 00 

For premiums on swine... 165 00 

For premiums on poultry. . 600 00 

For premiums on farm 
produce 233 25 

For premiums on dairy 
products 34 50 

For premiums on domestic. 721 75 



Commissioner of Agriculture. 331 

For premiums on imple- 
ments and machines $120 75 

For premiums on flowers. . 116 25 

For premiums on fruits ... 36 00 

Total $3,920 50 



Total disbursements $10,787 39 



Balance (credit) $12 07 



WAYNE. 

RECEIPTS. 

From gate receipts $730 10 

From rent of privileges 110 00 

From life members 187 00 

From entries for races (horse) 91 25 

From State 1,499 73 



Total receipts $2,618 08 

DISBURSEMENTS. 

Balance due at close of fiscal year 1901 $27 03 

For labor on track 405 00 

For hay, straw and tents. 172 50 

For unpaid premiums of 1900, $250; 

bills of 1900, $75; total 325 00 

For salaries: Judges, $45; superin- 
tendent, $50 total 95 00 

For race purses (horses) 407 10 

For amusements 60 00 

For premiums on horses. . . $268 25 

For premiums on cattle . . . 177 00 

For premiums on sheep . . . 185 00 

For premiums on swine ... 51 00 

For premiums on poultry. . 19 00 



332 Ninth Annual Report of the 

For premiums on farm pro- 
duce $66 80 

For premiums ou domestic. 201 95 

For premiums on imple- 
ments and machines.... 111.1 00 

For premiums on fruits... 52 45 



Total $1,126.45 



Total disbursements $2,618 08 



WESTCHESTER. 
RECEIPTS. 

Balance on hand at close of fiscal year 1901 $903 26 

From gate receipts 

From rent of grounds 

From rent of privileges 

From entries for premiums 

From entries for races (horse) 

From rent of stables 

From bonds issued, notes given or any 

other obligation 

From State 

Receipts for 1901 16,709 28 



$7,504 05 


400 


00 


976 


50 


175 


00 


1,055 


00 


98 


00 


1,000 


00 


5,500 


73 



Total receipts $17,612 54 

DISBURSEMENTS. 

For interest on mortgage and notes. . $930 00 

For labor 959 88 

For material 1,500 00 

For music 220 00 

For attractions 100 00 



Commissioner of Agriculture. 333 

For salaries: Secretary, $500; treas- 
urer, $100; office assistants, $285; 
police, $425; judges, $250; superin- 
tendent, $525; helpers, etc., $375; 
total $2,460 00 

For race purses (horses) 2,850 00 

For premiums on horses . . . $4,096 00 

For premiums on cattle... 371 75 

For premiums on sheep . . . 314 00 

For premiums on swine... 82 00 

For premiums on poultry. . 570 25 

For premiums on farm pro- 
duce 886 00 

For premiums on dairy 

products 231 50 

For premiums on domestic. 1,188 25 

For premiums on flowers.. 186 50 

For premiums on fruits... 386 00 

Total 8,312 25 

Total disbursements $17,332 25 



Balance (credit) $280 41 



WYOMING. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $25 58 

From gate receipts 

From rent of grounds and house 

From rent of privileges 

From annual members 

From entries for races (horse) 

From grand stand 



$589 75 


84 


50 


73 


00 


148 


00 


325 


00 


241 


57 



334 



Ninth Annual Report of the 



From bonds issued, notes given or any 

other obligations $1,350 00 

From State 1,362 43 

From State Fair Commission 100 00 

Receipts for 1901 $4,274 25 

Total receipts $4,299 83 

DISBUHSEMENTS. 

For payment of bonds, notes or other 

obligations $541 47 

For band and attractions 220 54 

For permanent improvements 546 44 

For printing and advertising 138 55 

For labor 184 14 

For material 156 40 

For hay, feed and stabling 43 66 

For dues to State Association, $10; 
Western New York Association, $5; 
National Association, $10; United 
States Internal Revenue tax, $10; 

total 35 00 

For delegates' expenses to Associa- 
tions 139 75 

For salaries: Secretary, $75; office as- 
sistants, $19; judges, $31.86; helpers, 

etc., $25.25; total 151 11 

For race purses (horses) 857 50 

For insurance 25 25 

For telegraph, telephone, express and 

postage 19 83 

For premiums on horses. . . $217 00 
For premiums on cattle . . . 392 98 
For premiums on sheep . . . 332 00 
For premiums on swine ... 68 00 



Commissi oxer of Agriculture. 

For premiums oil poultry. . $14 25 

For premiums on farm pro- 
duce 50 70 

For premiums on dairy 

products 39 15 

For premiums on domestic. 45 20 

For premiums on flowers. . 11 35 

For premiums on fruits ... 37 25 

Total |1,207 88 

Total disbursements 

Balance (credit) 



335 



,267 52 



$32 31 



YATES. 
RECEIPTS. 

Balance on band at close of fiscal year 1900 

From gate receipts $877 55 

From rent of grounds 125 50 

From rent of privileges 46 50 

From entries for premiums 20 50 

From annual members 347 00 

From entries for races (borse) 105 00 

From bonds issued, notes given or any 

otber obligation 360 00 

From State 1,504 70 

Receipts for 1901 

Total receipts 

DISBURSEMENTS. 
For payment of bonds, notes or otber 

obligations $728 10 

For permanent improvements 52 50 

For labor 104 51 

For material 60 91 



$51 38 



3,386 75 



$3,438 13 



336 Ninth Annual Report of the 

For feed, $50.84; postage, $15.80; 
water, $3.92; insurance, $35; tele- 
graph, $4.18; express, $2.10; United 
States collector, $8.33; printing, 
$110.30; attractions, $219.25; State 
Association, $15; band, $40; sup- 
plies, $5.70; total $510 42 

For salaries: Secretary, $50; office as- 
sistants, $32.50; police, $18; judges, 
$41.20; superintendent, $15; helpers, 
etc., $3.50; total 160 20 

For race purses (horses) 515 00 

For premiums on horses. . . $184 00 

For premiums on cattle . . . 141 00 

For premiums on sheep... 104 00 

For premiums on swine. . . 40 00 

F"or premiums on poultry . . 78 75 

For premiums on farm pro- 
duce 89 50 

For premiums on domestic. 12 00 

For premiums on flowers. . 223 15 

For premiums on fruits. . . 98 50 

For premiums on miscella- 
neous 44 10 

Total 1,015 00 

Total disbursements $3,146 64 

Balance (credit) $291 49 



CUBA FAIR AND RACING ASSOCIATION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $21 86 

From gate receipts $531 10 

From rent of privileges 44 40 



Commissioner of Agriculture. 337 

For entries for permiums $190 00 

From entries for races (horse) 270 00 

From donations to repair buildings. . 257 00 
From bonds issued, notes given or any 

other obligation 1,860 00 

From State 1,290 35 

Receipts for 1901 $4,442 85 

Total receipts $4,464 71 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $1,467 40 

For labor and printing 301 08 

For material 224 38 

For rent of grounds 100 00 

For band 100 76 

For amount paid Union Agricultural 

Society and postage 24 52 

For salaries: Secretary, $100; office 
assistants, $24.50; police, $23.25; 
judges, $71.58; helpers, etc., $20.38; 
total 239 71 

For race purses (horses) 1,010 00 

For premiums on horses. . . $211 00 

For premiums on cattle . . . 252 00 

For premiums on sheep. ... 80 00 

For premiums on swine... 43 00 

For premiums on poultry. . 67 75 

For premiums on farm 
produce 27 00 

For premiums on dairy 
products 6 00 

For premiums on domestic. 200 00 

For premiums on imple- 
ments and machines 1 00 

22 



338 Ninth Annual Report of' the 

For premiums on flowers . . $31 50 
For premiums on fruits. ... 14 00 
For premiums on miscel- 
laneous 20 00 

Total |953 25 

Total disbursements $4,421 10 



'i 1 



Balance (credit) f 43 61 



WELLSVILLE FAIR ASSOCIATION. 

RECEIPTS. 

From gate receipts f 3,629 75 

From rent of grounds 238 30 

From rent of privileges 1,017 00 

From entries for premiums 203 22 

From entries for races (horse) 1,930 00 

From hay and straw 240 87 

From donations 1,530 00 

From bonds issued, notes given or any 

other obligation 859 25 

From advertising 70 75 

Total receipts $9,719 14 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $206 60 

For permanent improvements 1,922 92 

For labor 410 00 

For material, advertising, etc 477 73 

For special attractions 363 00 

For hay, straw, etc 320 36 



Commissioner of Agriculture. 339 

For postage f 30 00 

For salaries: Secretary, |200; office 

assistants, $60; police, $30; judges, 

$97.80; superintendent, $40; helpers, 

etc., $140.20; total 568 00 

For race purses (horses) 4,190 00 

For premiums on horses . . . $187 00 
For premiums on cattle. . . 310 00 
For premiums on sheep... 117 00 
For premiums on swine . . . 106 00 
For premiums on poultry. . 174 25 
For premiums on farm 

produce 80 00 

For premiums on dairy 

products 14 00 

For premiums on domestic. 176 50 
For premiums on flowers. . 12 75 

For premiums on fruits ... 23 75 



Total 1,201 25 



Total disbursements $9,689 86 



Balance (credit) $29 28 



BINGHAMTON INDUSTRIAL EXPOSITION. 

RECEIPTS. 

From gate receipts $4,023 00 

From grand stand 398 25 

From rent of privileges 659 50 

From entries for premiums 693 45 

From entries for races (horse) 715 50 

From advertising 7 80 

From donations 156 10 



340 Ninth Annttal Report of that 

From bonds issued, notes given or any 

other obligation |1,14G 13 

From State 2,147 17 

Total receipts $9,946 90 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $1,181 05 

For advertising 545 08 

For labor N 176 85 

For material 361 70 

For rent of grounds 600 00 

For sundry expenses 157 88 

For attractions 1,523 35 

For salaries: Secretary, $300; office as- 
sistants, $224; police, $143.65; 
judges, $68.74; superintendent, 
$141.25; total 877 64 

For race purses (horses) 1,600 00 

For premiums on horses . . . $88 50 

For premiums on cattle . . . 704 80 

For premiums on sheep . . . 348 00 

For premiums on swine... 191 50 

For premiums on poultry. . 801 10 

For premiums on farm pro- 
duce 73 75 

For premiums on dairy 

products 10 00 

For premiums on domestic. 387 80 

For premiums on imple- 
ments and machines.... 100 00 

For premiums on flowers. . 45 25 

For premiums on fruits... 172 65 

Total 2,923 35 

Total disbursements 9,946 90 



Commissioner op Agriculture. 341 

FRANKLINVILLE AGRICULTURAL AND DRIVING PARK 

ASSOCIATION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $181 12 

From gate receipts $1,539 55 

From rent of privileges 265 89 

From entries for premiums 348 00 

From hay and feed 3 46 

From entries for races (horse) 323 00 

From bonds issued, notes given or any 

other obligation 2,900 00 

From State 1,259 34 

Receipts for 1901 6,639 24 



Total receipts $6,820 36 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $682 50 

For permanent improvements, fence, 
$188.91; new Farmers and Mechan- 
ics' Hall, $986; total 1,174 91 

For material and furnishings 128 60 

For dues, telegrams, postage and mis- 
cellaneous 154 30 

For music, $107.05; advertising, 
$308.68; total 415 73 

For special attractions 197 50 

For salaries: Secretary, $100; treas- 
urer, $50; office assistants, $62; po- 
lice, $20; judges, $58.75; superin- 
tendent, $50; helpers, etc., $207.53; 
total 547 78 

For race purses (horses) 1,543 50 



342 Ninth Annum, Rri»ort of the 

For premiums on horses. . . $242 00 

For premiums on eattle... 480 00 

For premiums on sheep... 265 00 

For premiums on swine... 307 25 

For premiums on poultry. . 196 50 

For premiums on farm pro- 
duce. . . 48 25 

For premiums on dairy 

products 16 50 

For premiums on domestic. 213 75 

For premiums on imple- 
ments and machines.... 20 00 

For premiums on flowers. . 39 75 

For premiums on fruits ... 83 50 

For premiums on miscella- 
neous 83 00 

Total $1,995 50 

Total disbursements $6,840 32 



Balance (credit) $19 96 



AFTON DRIVING PARK. 
RECEIPTS. 

From gate receipts $2,080 07 

From rent of grounds 75 00 

From rent of privileges 409 04 

From entries for premiums L62 85 

From check room 23 50 

From grand stand 273 94 

From assessments 36 00 

From State 1.463 35 

Total receipts $4,523 75 



Commissioner of Agriculture. 343 

DISBURSEMENTS. 
Balance due at close of fiscal year 1900 $132 08 

For payment of bonds, notes or other 

obligations and interest 

For attractions 

For permanent improvements 

For labor 

For printing and advertising 

For music 

For insurance, $30; office rent and 

water rent, $24; total 

For incidentals 

For salaries: Secretary, $50; office 

assistants, $15; police, $17; judges, 

$37.66; helpers, etc., $20; total 
For race purses (horses). . . . 
For premiums on horses . . . 
For premiums on cattle. . . . 
For premiums on sheep .... 
For premiums on swine .... 
For premiums on poultry. . 
For premiums on farm 

produce 56 50 

For premiums on dairy 



1,623 


62 


314 


00 


91 


87 


168 


55 


175 


49 


96 


40 


54 


00 


30 


21 



il 


145 66 




441 25 


285 50 




508 00 




138 00 




68 50 




96 00 





products 


38 70 






For premiums on domestic. 


378 20 






For premiums on imple- 








ments and machines 


41 75 






For premiums on flowers. . 


68 80 






For premiums on fruits .... 


35 00 






For premiums on miscel- 








laneous 


17 25 


1,732 20 




Total 






Total disbursements 






$5,005 33 








Balance (debit) 




$481 58 



344 Ninth Annual Report of the 

RIVERSIDE. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,580 HI 

From gale receipts $1,265 25 

From grand stand 246 20 

From rent of privileges 454 91 

From entries for premiums 10 75 

From entries for races (horse) 127 50 

From hay and straw 18 45 

From advertising in premium list. ... 82 45 

From State 1,571 29 



Receipts for 1901 3,776 80 



Total receipts f 5,357 31 

DISBURSEMENTS. 

For dues State Association $10 1(1 

For expenses delegates State commis- 
sion and dues 32 27 

For flowers for funeral of superin- 
tendent 13 00 

For permanent improvements 190 34 

For printing premium list 80 00 

For United States revenue tax 8 43 

For labor 381 62 

For material 314 83 

For penalty 50 00 

For special attractions 265 00 

For salaries: Secretary, $50; office 
assistants. $65; police, $131.75; 

judges, $91.50; total 338 25 

For race purses (horses) 6(30 00 

For premiums on horses. . . $262 00 
For premiums on cattle... 415 00 
For premiums on sheep. ... 71 00 

For premiums on swine... 31 00 



Commissioned of Agriculture. 345 

For premiums on poultry. . $121 20 

For premiums on farm 
produce 50 75 

For premiums on dairy 
products 160 11 

For premiums on domestic. 331 35 

For premiums on, imple- 
ments and machines 19 25 

For premiums on flowers. . 30 85 

For premiums on miscel- 
laneous 41 80 

Total $1,534 31 

Total disbursements $3,878 15 

Balance (credit) $1,479 16 



COLUMBIA AGRICULTURAL AND HORTICULTURAL 

ASSOCIATION. 

RECEIPTS. 

From gate receipts $2,889 00 

From rent of grounds 34 00 

From rent of privileges 637 75 

From entries for premiums 235 73 

From entries for races (horse) - 442 00 

From new stock 80 00 

From bonds issued, notes given or any 

other obligation 252 38 

From State 1,450 97 

Total receipts $6,021 83 



346 Ninth Annual Report of the 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $252 38 

For payment of notes 324 36 

For interest 190 00 

For advertising and printing 402 50 

For labor 442 63 

For material ,381 34 

For insurance 142 65 

For miscellaneous expenses 706 55 

For music, $220; special attractions, 

$300; total 520 00 

For salaries: Secretary, $100; treas- 
urer, $25; office assistants, $78.50; 
police, $168; judges, $17.50; superin- 
tendent, $35; helpers, etc., $196.50; 

total 620 50 

For race purses (horses) 1,487 75 

For premiums on horses... $222 00 
For premiums on cattle... 131 00 
For premiums on sheep... 214 00 
For premiums on swine. . . . 109 25 
For premiums on poultry. . 145 75 
P'or premiums on farm pro- 
duce 78 00 

For premiums on domestic. 87 50 
For premiums on flowers. . 158 00 
For premiums on fruits . . . 318 00 
For premiums on miscel- 
laneous 2 00 

Total 1,465 50 

Total disbursements $6,936 16 



Balance (debit) $914 33 



Commissioner of Agriculture. 347 

CATSKILL MOUNTAIN. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $9 60 

From gate receipts $959 80 

From rent of grounds 50 00 

From rent of privileges 349 50 

From entries for premiums 163 01 

From State 1,007 27 

Receipts for 1901 2,529 58 



Total receipts $2,539 18 

DISBURSEMENTS. 

For payment of notes $50 00 

For purchase of land 120 00 

For labor 152 97 

For material 61 35 

For printing and advertising 184 99 

For taxes paid 28 45 

For attractions and amusements .... 503 45 
For salaries: Secretary, $50; treas- 
urer, $50; police, $26.25; judges, $46; 
superintendent, $50; helpers, etc., 

$27; total 249 65 

For race purses (horses) 97 00 

For premiums on horses. . . $58 00 

For premiums on cattle. . . . 249 00 

For premiums on sheep .... 26 00 

For premiums on swine. ... S 00 

For premiums on poultry . . 140 87 

For premiums on farm pro- 
duce 95 $4 

For premiums on dairy 

products 17 50 

For premiums on domestic. 103 77 



348 Ninth Annual Report of the 

For premiums on imple- 
ments and machines $6 00 

For premiums on flowers . . 25 37 

For premiums on fruits .... 56 27 

For premiums on miscel- 
laneous 128 07 

Total $909 69 

Total disbursements $2,357 55 



Balance (credit) .* $181 63 



DELAWARE VALLEY. 

BECEIPTS. 

From gate receipts $1,770 48 

From rent of grounds 11 00 

From rent of privileges 547 00 

From entries for premiums 251 75 

From annual members 430 00 

From bonds issued, notes given or any 

other obigation 1,400 00 

From State 2,155 28 

Total receipts $6,565 51 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $3,200 00 
For payment of bonds, notes .or other 

obligations 3,023 85 

For permanent improvements 450 00 

For labor 50 00 

For George W. Payne, deputy collector 33 36 



Commissioner of Agriculture. 349 

For salaries: President, $50; secre- 
tary, $100; treasurer, $50; office as- 
sistants, $80; police, $40; judges, 
$95; superintendent, $63; helpers, 
etc., $55; total $533 00 

For premiums on horses. . . $485 50 

For premiums on cattle. .. 569 24 

For premiums on sheep . . . 169 50 

For premiums on swine... 115 00 

For premiums on poultry. . 181 18 

For premiums on farm pro- 
duce 387 11 

For premiums on dairy 
products 39 00 

For premiums on domestic. 585 30 

For premiums on imple- 
ments and machines .... 10 50 

For premiums on flowers. . 51 10 

For premiums on fruits ... 78 68 

For premiums on miscella- 
neous 3 19 

Total 2,675 30 

Total disbursements $9,965 51 

Balance (debit) $3,400 00 



SHAVERTOWN. 
RECEIPTS. 

Balance on hand at close of fiscal year 1901 $42 29 

From gate receipts $798 18 

From rent of privileges 189 50 



350 Ninth Annual Rrport of the 

From entries for premiums $127 00 

From annual members 5 00 

From entries for races (horse) 30 04 

From entries for races (bicycle or 

other) 2 00 

From donations 67 02 

Receipts for 1901 $1,218 74 



Total receipts $1,261 03 

DISBUBSEMENTS. 

For rent of grounds $50 00 

For music and attractions 105 00 

For United States revenue tax 9 17 

For material 32 68 

For printing 106 35 

For office expenses 18 89 

For books and tickets 6 14 

For salaries: Police, $14.50; judges, 

$12.50; helpers, etc., $15.35; total.. 42 35 

For race purses (horses) 91 00 

For race purses (bicycle or other), in- 
cluding cost of prizes 9 50 

For premiums on horses . . . $113 50 

For premiums on cattle. . . 137 50 

For premiums on sheep... 39 63 

For premiums on swine... 20 25 

For premiums on poultry. . 86 00 

For premiums on farm pro- 
duce 68 64 

For premiums on dairy 

products 15 00 

For premiums on domestic. 52 85 

For premiums on flowers. . 24 45 

For premiums on fruits ... 31 54 



Commissioner of Agriculture. 351 

For premiums on miscella- 
neous $42 35 

Total 1631 71 



Total disbursements $1,102 79 



Balance (credit) $158 24 



PRATTSVILLE HORTICULTURAL AND AGRICULTURAL 

SOCIETY. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $15 26 

From gate receipts $1,126 50 

From rent of grounds 64 00 

From rent of privileges 296 50 

From entries for races (horse) 132 50 

Receipts for 1901 1,619 50 

Total receipts $1,634 76 



DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $62 50 

For permanent improvements 76 43 

For labor 114 30 

For material 147 23 

For baseball 54 00 

For balloon 90' 00 

For band 60 00 

For salaries: Secretary, $30; treasurer, 

$30; office assistants, $15; police, 

$15; judges, $21; superintendent, 

$20; helpers, etc., $59.25; total 190 25 



• 



352 



Ninth Annual Report of the 



For race purses (horses) . . . 

For revenue tax 

For premiums on horses . . . 
For premiums on cattle . . . 
For premiums on sheep. . . . 
For premiums on poultry. . 
For premiums on farm 

produce 

For premiums on dairy 

products 

For premiums on domestic 
For premiums on flowers. 
For premiums on fruits. .. 

Total 



Total disbursements 



Balance (debit) 



$42 00 

167 00 

15 00 

2 00 

33 00 



1 


50 


110 


75 


9 


00 


13 


00 



$470 00 
9 17 



393 75 



L,667 63 



$32 87 



CAPE VINCENT. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $242 00 

From gate receipts $888 25 

From dining hall 180 94 

From rent of privileges 66 00 

From entries for premiums 130 00 

From advertising in premium lists. .. 161 00 

From share of stock sold 5 00 

From entries for races (horse) 202 45 

From State 895 25 

Receipts for 1901 2,528 89 

Total receipts •. $2,770 89 



Commissioner of Agriculture. 353 

DISBURSEMENTS. 

For pajmient of interest $18 00 

For town fair dues, $5; N. T. A. dues, 
$10; total 15 00 

For permanent improvements 200 00 

For stands, dining hall and stock 198 73 

For labor 150 62 

For material 72 51 

For printing and postage 173 85 

For attractions 380 15 

For internal revenue 8 33 

For salaries: Secretary, $50; treas- 
urer, $50; office assistants, $9; 
police, $41.37; helpers, etc., $34.30; 
total 184 67 

For race purses (horses) 795 75 

For telegraph and telephone 4 78 

For premiums on horses . . . $122 50 

For premiums on cattle. . . . 131 25 

For premiums on sheep ... 40 50 

For premiums on swine. .. 39 75 

For premiums on poultry. . 26 20 

For premiums on farm 
produce 68 35 

For premiums on dairy 
products 16 00 

For premiums on domestic. 126 89 

For premiums on flowers . . 14 86 

For premiums on fruits. . . 27 50 

For premiums on miscel- 
laneous 11 36 

Total 625 16 

Total disbursements $2,827 55 

Balance (debit) $56 66 

23 



354 Ninth Annual Report op the 

BOONVILLE FAIR ASSOCIATION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $54 57 

From gate receipts $3,037 70 

From rent of buildings for storage. . . 5 09 

From rent of privileges 492 18 

From advertisements in premium list. . 92 50 

From entries for races (horse) 250 00 

From State 1,161 71 

Receipts for 1901 5,039 18 

Total receipts $5,093 75 

DISBURSEMENTS. 

For purchase of tent $50 00 

For rent 325 00 

For labor 28 92 

For material and labor 124 37 

For music, $326.10; advertising, 
$405.19; messages, $8.G0; attractions, 
$729.20; carriages, $11.25; cartage, 
$28.50; miscellaneous, $168.19; total. 1,677 03 

For salaries: President, $50; secre- 
tary, $75; treasurer, $25; office as- 
sistants, $54; police, $104.25; judges, 
$33.90; superintendent, $12; total. . . 354 15 

For race purses (horses) 900 00 

For race purses (bicycles or other) in- 
cluding cost of prizes ". 25 00 

For premiums on horses. . . $76 00 

For premiums on cattle . . . 376 00 

For premiums on sheep 22 00 

For premiums on swine. ... 31 00 

For premiums on poultry. . 80 75 

For premiums on farm pro- 
duce 22 50 



Commissioner of Agriculture. 355 

For premiums on. dairy 

products f 15 00 

For premiums on domestic . 349 00 

For premiums on flowers ... 43 75 

For premiums on fruits... . 13 00 

For premiums on miscel- 
laneous 73 75 

Total |1,102 75 



Total disbursements $4,587 22 



Balance (credit) $506 53 



PHOENIX UNION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $519 21 

From gate receipts $1,436 50 

From rent of privileges ' 243 50 

From grand stand 168 70 

From entries for races (horse) 3 75 

From advertising in catalogue 55 00 

From donations 163 00 

From State 890 08 

Receipts for 1901 2,960 53 



Total receipts $3,479 74 

DISBURSEMENTS. 

For permanent improvements $899 55 

For advertising, insurance, special at- 
tractions, music, rent, hay, etc 986 91 

For salaries: Secretary, $50; treas- 
urer, $15; office assistants, $10; 
'police, $32.50; judges, $22; superin- 
tendent, $60.75; helpers, etc., $35.48; 
lotal 225 73 



356 Ninth Annual Report of the 

For race purses (horses) $441 05 

For premiums on horses. . . $174 50 

For premiums on cattle... 165 50 

For premiums on sheep... 31 00 

For premiums on swine ... 50 50 

For premiums on poultry. . 49 00 

For premiums on farm 

produce 70 45 

For premiums on dairy 

products 4 00 

For premiums on domestic. 129 75 

For premiums on imple- 
ments and machines .... 15 00 

For premiums on flowers . . 42 75 

For premiums on fruits ... 61 25 

For premiums on miscel- 
laneous 27 00 

Total 820 70 

Total disbursements $3,373 94 

Balance (credit) $105 80 



GORHAM. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $465 70 

From rent of privileges 49 00 

From entries for premiums 1 85 

From annual members 166 00 

From entries for races (horse) 49 40 

From advertising 109 00 

From State 1,015 18 

Receipts for 1901 

Total receipts 



$302 61 



1,856 13 



$2,158 74 



Commissioner of Agriculture. 357 

disbursements. 

For payment of bonds, notes or other 

obligations $87 00 

For permanent improvements 238 52 

For labor 211 86 

For material 161 86 

For salaries: Secretary, $20; treas- 
urer, $20; office assistants, $32.50; 
police, $17; judges, $20; total 109 50 

For race purses (horses) 203 10 

For race purses (bicycle or other), in- 
cluding cost of prizes 14 00 

For premiums on horses. . . $233 00 

For premiums on cattle. .. 54 50 

For premiums on sheep .... 105 00 

For premiums on swine... 28 00 

For premiums on poultry. . 49 50 

For premiums on farm 
produce 24 60 

For premiums on dairy 
products 11 15 

For premiums on domestic. 60 70 

For premiums on imple- 
ments and machines.... 3 00 

For premiums on flowers. . 34 50 

For premiums on fruits. ... 61 75 

For premiums on miscel- 
laneous 61 60 

Total 727 30 

Total disbursements $1,755 96 

Balance (credit) $402 7S 



358 



Ninth Annual Report of the 



NAPLES UNION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,229 66 

From gate receipts $890 45 

From rent of privilages 99 80 

From annual members 170 00 

From oats sold 41 00 

From advertising in premium list. ... 69 50 

From State 1,108 57 

Receipts for 1901 2,379 32 

Total receipts .$3,608 98 

DISBURSEMENTS. 

For rent of grounds $135 00 

For attractions 75 00 

For labor 215 32 

For material 353 53 

For printing, $132.60; base ball, $105; 
dues State Association, $5; board, 
$52.50 ; license, $8.45 ; band $50 ; total 353 55 

For salaries: Secretary, $40; police, 
$18.50; marshal, $5; total 63 50 

For race purses (horses) 433 49 

For race purses (bicycle or other) in- 
cluding cost of prizes 60 00 

For premiums on horses. . . $144 00 

For premiums on cattle... 71 00 

For premiums on sheep... 129 50 

For premiums on swine... 14 00 

For premiums on poultry. . 89 75 

For premiums on farm pro- 
duce 145 75 

For premiums on dairy 
products 5 00 



Commissioner of Agriculture. 359 

For premiums on domestic. $154 50 

For premiums on imple- 
ments and machines 33 75 

For premiums on flowers. . 38 50 

For premiums on fruits . . . 120 50 

For premiums on miscel- 
laneous 24 75 

Total $971 00 

Total disbursements $2,660 39 



Balance (credit) $948 59 



SANDY CREEK, RICHLAND, ORWELL AND BOYLSTON. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,547 64 

From gate receipts $793 80 

From rent of grounds 41 00 

From rent of privileges 665 50 

From annual members 1,997 00 

From life members 10 00 

From entries for races (horse) 446 50 

From grand stand 425 00 

From hay sold 5 00 

From State 1,851 48 

Receipts for 1901 6,235 28 

Total receipts $7,782 92 

DISBURSEMENTS. 

For permanent improvements $626 39 

For labor 65 00 

For material 226 95 

For printing and advertising 364 14 



3G0 Ninth Annual Report of the 

For music and attractions $997 00 

For insurance and rent of grounds ... 77 00 

For salaries: President, $25; secre- 
tary, $75; treasurer, $8; office assist- 
ants, $102; police, $114.50; judges, 
$133.31; superintendent, $197.25; 
helpers, etc., $6; total 661 06 

For race purses (horses) 804 00 

For 8 per cent, race premiums in treas- 
urer's hands 348 00 

For miscellaneous 92 14 

For premiums on horses. . . $258 00 

For premiums on cattle. . . 554 00 

For premiums on sheep. . . . 118 50 

For premiums on swine . . . 277 00 

For premiums on poultry. . 320 25 

For premiums on farm 
produce 75 25 

For premiums on dairy 
products 21 00 

For premiums on domestic. 368 00 

For premiums on imple- 
ments and machines 113 00 

For premiums on flowers. . 57 00 

For premiums on fruits. . . 32 75 

For premiums on miscel- 
laneous 39 25 

Total 2,234 00 

Total disbursements $6,495 76 



Balance (credit) $1,287 16 



Commissioner of Agriculture. 361 

MORRIS FAIR ASSOCIATION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $2,804 33 

From gate receipts $2,920 01 

From grand stand 308 16 

From rent of privileges 437 50 

From pasturage and hay 73 65 

From entries for races (horse) 148 00 

From State 2,160 OS 

Receipts for 1901 6,047 40 



Total receipts $8,851 73 

DISBURSEMENTS. 

For taxes $18 12 

For music 248 00 

For attractions 300 00 

For permanent improvements 618 89 

For dividends 353 00 

For labor 321 49 

For material 334 02 

For printing 162 16 

For salaries: Secretary, $50; treas- 
urer, $50; office assistants, $88; 
police, $46.04; judges, $82.34; super- 
intendent, $223; helpers, etc., $64.50; 

total 603 88 

For race purses (horses) 489 00 

For ball game 50 00 

For premiums on horses. . . $267 00 
For premiums on cattle. . . 814 00 
For premiums on sheep. . . . 189 00 
For premiums on swine. . . 195 00 
For premiums on poultry. . 152 35 



362 Ninth Annual Report op the 

For premiums on farm 
produce f 460 90 

For premiums on dairy 
products 57 30 

For premiums on domestic . 614 15 

For premiums on imple- 
ments and machines.... 67 00 

For premiums on flowers. . 145 10 

For premiums on fruits ... 30 10 

For premiums on miscel- 
laneous 118 55 

Total |3,H0 45 

Total disbursements f 6,609 01 



Balance (credit) f 2,242 72 



ONEONTA UNION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,176 81 

From gate receipts f 4,015 85 

From rent of grounds 207 64 

From rent of privileges 701 00 

From entries for premiums 992 39 

From premium from New York State 

Fair Commission 100 00 

From entries for races (horse) 615 00 

From advertising in premium lists 

and supplement 498 00 

From State 3,531 05 

Receipts for 1901 10,660 93 



Total receipts $11,837 74 



Commissioner of Agriculture. 363 

DISBURSEMENTS. 

For purchase of land f 850 00 

For permanent improvements 258 67 

For labor 225 70 

For material 166 16 

For miscellaneous accounts 1,370 62 

For advertising 1.177 57 

For hay and grain 110 33 

For salaries: Secretary, $100; treas- 
urer, $25; office assistants, $32.25; 
police, $90.75; judges $51; superin- 
tendent, $55; helpers, etc., $44.25; 

total 398 25 

For race purses (horses) 1,490 00 

For legal fees 25 00 

For premiums on horses . . . $320 50 
For premiums on cattle. . . 1,142 38 
For premiums on sheep. . . . 219 89 
For premiums on swine. . . 21 00 

For premiums on poultry. . 360 75 
For premiums on farm 

produce 270 75 

For premiums on dairy 

products 58 50 

For premiums on domestic. 753 97 
For premiums on flowers. . 891 13 
For premiums on fruits. . . 179 25 
For premiums on miscel- 
laneous 126 01 

Total 4,344 13 



Total disbursements $10,416 43 



Balance (credit) $1,421 31 



364 



Ninth Annual Report of the 



RICHFIELD SPRINGS. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts f 1,088 55 

From rent of building 5 00 

From rent of privileges 321 00 

From interest 15 25 

From other sources 10 00 

From entries for races (horse) 190 00 

From State 1,180 19 

Receipts for 1901 

Total receipts 

DISBURSEMENTS. 

For permanent improvements $226 98 

For labor 150 43 

For rent 250 00 

For merchandise 362 52 

For printing 151 54 

For attractions 476 25 

For salaries: Secretary, $40; treas- 
urer, $25; office assistants, $38; 

police, $45; judges, $28.15; total 176 15 

For race purses (horses) 520 00 

For balance of premium of 1900 19 20 

For premiums on horses. . . $143 00 
For premiums on cattle... 174 00 
For premiums on sheep. ... 65 00 

For premiums on swine .... 44 00 

For premiums on poultry. . 44 50 

For premiums on farm 

produce 44 00 

For premiums on dairy 

products 31 70 



$88G 58 



2,809 99 



$3,696 57 



Commissioner of Agriculture. 365 

For premiums on domestic. |172 85 
For premiums on flowers. . 21 00 
For premiums on fruits ... 27 00 
For premiums on miscel- 
laneous Ill 75 

Total |878 80 

Total disbursements $3,211 87 



Balance (credit) $484 70 



SCHENEVUS VALLEY. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $28 51 

From gate receipts $573 75 

From grand stand 50 60 

From rent of privileges 167 00 

From entries for premiiuns 3 00 

From annual members 117 00 

From entries for races (horse) 77 50 

For bonds issued, notes given or any 

other obligation 2,100 00 

From State 1,139 96 

Receipts for 1901 4,288 81 



Total receipts $4,317 32 

DISBURSEMENTS. 
For payment of bonds, notes or other 

obligations $1,575 25 

For rent of land 50 00 

For permanent improvements 64 35 

For labor 38 33 

For material 7 42 



366 Ninth Annual Report of the 

For miscellaneous $81 28 

For music and attractions 376 05 

For advertising 209 38 

For salaries: Secretary, $35; treas- 
urer, $10; office assistants, $18.75; 
police, $15; judges, $22.38; superin- 
tendent, $22.75; helpers, etc., $8.21; 
total 132 09 

For race purses (horses) 244 50 

For premiums on horses . . . $222 00 

For premiums on cattle. .. 272 50 

For premiums on sheep. . . . 102 75 

For premiums on swine. . . 26 75 

For premiums on poultry. . 189 00 

For premiums on farm 
produce 213 20 

For premiums on dairy 
products 66 50 

For premiums on domestic. 349 65 

For premiums on imple- 
ments and machines 8 00 

For premiums on flowers. . 21 70 

For premiums on fruits... 57 70 

Total 1,529 75 

Total disbursements $4,308 40 



Balance (credit) $8 92 



ROCKLAND COUNTY INDUSTRIAL ASSOCIATION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $16 69 

From gate receipts $777 25 

From rent of privileges 192 43 

From entries for premiums 9 35 



Commissioner op Agriculture. 367 

From annual members f 282 00 

From entries for races (horse) 340 00 

From donations 100 00 

From bonds issued, notes given or any 

other obligation 800 00 

From State 878 72 

Receipts for 1901 $3,329 75 



Total receipts $3,346 44 

DISBURSEMENTS. 

For payment of bonds, notes or other 
obligations $812 00 

For permanent improvements 60 00 

For labor 272 08 

For material 278 24 

For salaries: Office assistants, f 52.50; 

police, $6; judges, $56; total 114 50 

For race purses (horses) 907 00 

For premiums on horses . . . $94 00 

For premiums on cattle . . . 120 00 

For premiums on poultry. . 35 75 

For premiums on farm 
produce 144 75 

For premiums on domestic. 142 85 

For premiums on imple- 
ments and machines 16 00 

For premiums on flowers . . 93 25 

For premiums on fruits ... 61 75 

For premiums on miscel- 
laneous 77 75 

Total 786 10 

Total disbursements 3 309 92 

Balance (credit) $16 52 



3G8 



Ninth Annual Report of the 



GOUVERNEUR AGRICULTURAL AND MECHANICAL 

SOCIETY. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $67 12 

From gate receipts $3,554" 35 

From rent of grounds 95 00 

From rent of privileges 566 50 

From entries for premiums 151 50 

From life members 170 00 

From entries for races (horse) 1,119 50 

From donations 1 00 

From State 1,338 05 

Receipts for 1901 7,001 90 

Total receipts $7,069 02 

DISBURSEMENTS. 

For payment of bonds, notes or other 
obligations, principal, $800; interest, 
$192.43; total $992 43 

For labor 392 62 

For material 493 72 

For expressage, advertising and sun- 
dries 432 77 

For music and special attractions .... 690 00 

For salaries: Secretary, $125; treas- 
urer, $50; office assistants, $46; 
police, $158; judges, $70.95; superin- 
tendent, $50; helpers, etc., $83.50; 
total 583 45 

For race purses (horses) 2,079 00 

For premiums on horses . . . $193 00 

For premiums on cattle . . . 244 00 

For premiums on sheep .... 30 00 

For premiums on swine... 67 00 



Commissioner of Agriculture. 369 

For premiums on poultry. . $37 50 

For premiums on farm 

produce 52 25 

For premiums on dairy 

products 69 63 

For premiums on domestic. ■ 200 75 

For premiums on flowers. . 20 25 

For premiums on fruits ... 19 25 

For premiums on miscel- 
laneous 44 50 

Total $978 13 



Total disbursements $6,642 12 



Balance (credit) $426 90 



OSWEGATCHIE. 
RECEIPTS. 

From gate receipts $3,346 60 

From rent of privileges 452 00 

From entries for premiums 261 56 

From entries for races (horse) 434 06 

From donations 165 00 

From State 1,107 57 

Total receipts $5,766 79 

DISBURSEMENTS. 
For payment of bonds, notes or other 

obligations $47 37 

For labor 233 70 

For attractions 1,300 00 

24 



370 Ninth Annual Rei>ort of the 

For salaries: Secretary, $100; treas- 
urer, $25; office assistants, $37; 
police, $307.75; judges, $108.94; 
superintendent, $50; helpers, etc., 
$1,443.88; total $2,072 57 

For race purses (horses) 2,236 55 

For premiums on horses . . . $304 00 

For premiums on cattle . . . 741 00 

For premiums on sheep... 158 00 

For premiums on swine. .. 47 00 

For premiums on poultry. . 78 50 

For premiums on farm 
produce 80 00 

For premiums on dairy 
products 100 00 

For premiums on domestic. 193 75 

For premiums on imple- 
ments and machines 42 00 

For premiums on flowers. . 11 50 

For premiums on fruits. .. 16 50 

For premiums on miscel- 
laneous 99 00 

Total 1,871 25 

Total disbursements $7,761 44 



Balance (debit) $1,994 65 



RAQUETTE VALLEY AND ST. REGIS VALLEY AGRICUL- 
TURAL AND HORTICULTURAL SOCIETY. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $74 49 

From gate receipts $1,621 67 

From rent of grounds 45 00 



Commissioner of Agriculture. 371 

From rent of privileges $484 50 

From entries for premiums 316 00 

From entries for premiums collected 

in 1900 35 50 

From annual members 177 00 

From life members 10 00 

From entries for races (horse) 1,115 50 

From bonds issued, notes given or any 

other obligation 2,500 00 

From State 2,359 17 

From miscellaneous 193 99 

Keceipts for 1901 |8,858 33 



Total receipts $8,932 82 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $170 41 

For payment of bonds, notes or other 

obligations 712 00 

For permanent improvements 397 24 

For labor 260 61 

For material 15 08 

For amusements 930 00 

For printing and advertising 464 60 

For miscellaneous 315 98 

For salaries: Secretary, $100; treas- 
urer, $100; office assistants, $156.50; 
police, $150.47; judges, $47.35; 
superintendent, $75; helpers, etc., 

$67.50; total 696 82 

For race purses (horses) 2,050 00 

For premiums on horses. . . $419 00 
For premiums on cattle... 1,218 00 
For premiums on sheep. . . . 161 00 
For premiums on swine... 84 00 

For premiums on poultry. . 205 00 



372 



Ninth Annual Report of the 



For premiums on farm 

produce $78 50 

For premiums on dairy 
products 

For premiums on domestic. 

For premiums on imple- 
ments and machines 

For premiums on flowers. . 

For premiums on fruits... 

For premiums on miscel- 
laneous 169 25 



121 


50 


198 


95 


42 


75 


42 


25 


19 


50 



Total 



$5,759 70 



Total disbursements 



Balance (credit) 



COBLESKILL. 
RECEIPTS. 

Balance on hand at close of fiscal year 

From gate receipts 

From rent of grounds 

From rent of privileges 

From entries for premiums 

From annual members 

From miscellaneous 

From entries for races (horse) 

From suspensions 

From advertising, etc 

From notes given or any other obliga- 
tion 

From State 

From insurance 



1900 

$3,199 20 

183 00 

862 50 

429 80 

1,554 00 

30 49 

150 00 

21 00 

136 50 

1,500 00 
3,120 68 
2.163 55 



S,772 44 



$160 38 



$72 86 



Receipts for 1901. 



13,350 72 



Total receipts $13,423 58 






Commissioner of Agriculture. 373 

DISBURSEMENTS. 

For permanent improvements $4,505 24 

For labor 407 32 

For insurance 159 36 

For interest 169 20 

For printing, postage and miscel- 
laneous expenses 844 37 

For salaries: Secretary, $100; treas- 
urer, $50; office assistants, $494.60; 
judges, $224.72; superintendent, $75; 
total 944 32 

For race purses (horses) ■ 1,030 00 

For special attractions 425 00 

For premiums on horses . . . $324 00 

For premiums on cattle... 915 24 

For premiums on sheep. . . . 495 25 

For premiums on swine . . . 351 12 

For premiums on poultry. . 599 51 

For premiums on farm 
produce 368 90 

For premiums on dairy 
products 96 37 

For premiums on domestic. 930 31 

For premiums on fruits... 172 84 

For premiums on miscel- 
laneous 448 93 

Total 4,702 47 

Total disbursements $13,187 2S 

Balance (credit) $236 -SO 



374 Ninth Annual Report of the 

PRATTSBURGH UNION. 

RECEIPTS. 

From gate receipts $491 86 

From rent of privileges 60 00 

From entries for premiums 185 00 

From entries, for races (horse) 22 75 

From advertising in fair book 84 25 

From bonds issued, notes given or any 

other obligation 550 00 

Total receipts $1,393 86 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $105 83 

For rent of ground 75 00 

For balloon 75 00 

For labor 31 10 

For material 22 87 

For hay, straw and grain 27 18 

For printing 55 00 

For band 40 00 

For salaries: Secretary, $50; office 
assistants, $22; police, $12; judges, 

$6; total 90 00 

For race purses (horses) 171 49 

For premiums on horses . . . $103 00 
For premiums on cattle... 105 00 
For premiums on sheep... 122 00 
For premiums on swine... 19 00 

For premiums on poultry. . 31 25 

For premiums on farm 

produce 35 55 

For premiums on dairy 

products 7 50 

For premiums on domestic. 167 50 



Commissioner of Agriculture. 375 

For premiums on flowers. . $19 25 
For premiums on fruits ... 41 50 
For premiums on miscel- 
laneous 18 75 

Total $670 30 

Total disbursements $1,363 77 

Balance (credit) $30 09 



SOUTHERN STEUBEN. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $203 88 

From gate receipts $531 42 

From rent of privileges 70 00 

From entries for premiums 101 82 

From entries for races (horse) 50 00 

From State 907 38 

Receipts for 1901 1,660 62 

Total receipts $1,864 50 

DISBURSEMENTS. 

For permanent improvements $250 00 

For labor, advertising, etc 236 65 

For salaries: Secretary, $25; treas- 
urer, $25; office assistants, $14; 

police, $9; judges, $10; superintend- 
ent, $32; total 115 00 

For race purses (horses) 365 00 

For premiums on horses. . . $170 00 

For premiums on cattle... 155 00 

For premiums on sheep. . . . 141 00 

For premiums on swine... 56 00 

For premiums on poultry. . 46 25 



376 Ninth Annual Report of the 

For premiums on farm 

produce $31 00 

For premiums on dairy 

products 2 50 

For premiums on domestic. 71 95 

For premiums on flowers . . 7 75 

For premiums on fruits ... 19 50 

For premiums on miscel- 
laneous 47 00 

Total $747 95 



Total disbursements $1,714 GO 

Balance (credit) $149 90 



NORTHERN TIOGA. 
RECEIPTS. 

From gate receipts $1,033 95 

From rent of grounds 3 00 

From rent of privileges 331 25 

From grand stand 200 30 

From hay sold 2 50 

From advertising 220 45 

From entries for races (horse) 375 00 

From donations 151 00 

From notes given 1,200 00 

From State 1,605 SO 

Total receipts $5,123 25 

DISBURSEMENTS. 

For payment of bonds, notes or other 
obligations, $200; interest, $7; due 

treasurer, $4.84; total $211 84 

For rent of grounds 205 00 

For permanent improvements 200 00 



Commissioner of Agriculture. 377 

For forage $193 19 

For labor 245 92 

For material 84 50 

For dues, $15; supplies, $101.22; rev- 
enue, $8.42; supplies, $110; total 234 64 

For insurance, $7.50; expenses, 

$115.20; printing, $171.75; total 294 45 

For baseball, $133.75; band, $70; at- 
tractions, $435 ; total 638 75 

For salaries: Secretary, $50; judges, 
$78.21; helpers, etc., $26.50; total.. 154 71 

For race purses (horses) 850 00 

For premiums on horses . . . $141 50 

For premiums on cattle... 381 50 

For premiums on sheep. . . . 135 25 

For premiums on swine. ... 39 50 

For premiums on poultry. . 342 50 

For premiums on farm 

produce 95 55 

For premiums on dairy 

products 23 00 

For premiums on domestic. 368 05 

For premiums on imple- 
ments and machines 31 00 

For premiums on flowers. . 36 50 

For premiums on fruits ... 84 20 

For premiums on miscel- 
laneous %... 102 75 

Total 1,781 30 

Total disbursements $5,094 30 



Balance (credit) $28 95 



378 Ninth Annual Report of the 

DRYDEN. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 $214 42 

From gate receipts $2,026 25 

From grand stand 456 52 

From rent of privileges 668 50 

From entries for premiums 208 25 

From miscellaneous 84 86 

From entries for races (horse) 600 00 

From advertising 686 75 

From bonds issued, notes given or any 

other obligation 1,500 00 

From State 2,247 80 

Receipts for 1901 8,478 93 

Total receipts $8,693 35 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $1,493 35 

For purchase of land 94 90 

For permanent improvements 308 46 

For labor 169 62 

For material 544 25 

For advertising, $950.18; miscellane- 
ous, $264.88; total 1,215 06 

For attractions 600 45 

For salaries: Secretary, $100; treas- 
urer, $100; office assistants, $45; 
police, $76.75; judges, $100.70; super- 
intendent, $39.75; helpers, etc., 
$161.57; total 623 77 

For race purses (horses) 1,490 00 

For premiums on horses. . . $150 00 

For premiums on cattle. . . . 537 50 

For premiums on sheep. . . . 138 00 



Commissioner op Agriculture. 379 



For premiums on swine. . . . $96 00 

For premiums on poultry. . 503 25 
For premiums on farm 

produce 149 50 

For premiums on dairy 

products 21 00 

For premiums on domestic. 559 40 
For premiums on flowers . . 38 20 
For premiums on fruits ... 35 75 
For premiums on miscel- 
laneous 252 65 



Total $2,481 25 



Total disbursements $9,021 11 



Balance (debit) $327 76 



UNION AGRICULTURAL AND HORTICULTURAL SOCIETY 

(TRUMANSBURGH). 
RECEIPTS. 

Balance on band at close of fiscal year 1900 $489 62 

From gate receipts $1,483 04 

From grand stand 192 60 

From rent of privileges 208 00 

From entries for races (horse) 45 00 

From donations 355 27 

From miscellaneous 101 11 

From State 1,321 48 



Receipts for 1901 3,706 50 



Total receipts $4,190 12 

DISBURSEMENTS. 

For permanent improvements $88 18 

For labor 89 32 

For rent of grounds 125 00 



380 Ninth Annual Report of the 

For advertising f 237 25 

For sundry expenses 708 92 

For salaries: Secretary, $25; office 
assistants, $8; police, $55; judges, 
$13.50; superintendent, $15; helpers, 
etc., $26.75; total 143 25 

For race purses (horses) 532 50 

For premiums on horses . . . $166 00 

For premiums on cattle. . . 81 50 

For premiums on sheep. . . . 121 00 

For premiums on swine. ... 52 00 

For premiums on poultry. . 54 50 

For premiums on farm 
produce 21 00 

For premiums on domestic. 177 05 

For premiums on flowers. . 20 00 

For premiums on fruits ... 48 00 

For premiums on miscel- 
laneous 439 27 

Total 1,183 32 

Total disbursements $3,107 74 

Balance (credit) $1,088 38 



NEWARK FAIR ASSOCIATION. 
RECEIPTS. 

From gate receipts $1,133 25 

From rent of privileges 143 25 

From entries for premiums 133 00 

From grand stand 26 85 

From entries for races (horse) 99 50 

From State 989 83 

Total receipts $2,525 68 



Commissioner of Agriculture. 381 

DISBURSEMENTS. 

Balance due at close of fiscal year 1900 $1,089 01 

For band 49 00 

For permanent improvements 14 65 

For attractions 30 00 

For labor 184 12 

For material 35 15 

For rent of barn and tents 25 00 

For hay and straw 32 36 

For telephone and water rent 8 15 

For salaries: Secretary, $50; office 

assistants, $17.50; police, $7; total. 74 50 

For race purses (horses) 360 00 

For premiums on horses . . . $317 25 
For premiums on cattle . . . 250 00 
For premiums on sheep. . . . 148 50 
For premiums on swine. ... 89 00 

For premiums on poultry. . 102 50 
For premiums on farm 

produce 109 00 

For premiums on dairy 

products 4 75 

For premiums on domestic. 221 65 
For premiums on imple- 
ments and machines 42 50 

For premiums on flowers. . 8 50 
For premiums on fruits... 151 75 
For premiums on miscel- 
laneous 2 75 

Total 1,448 15 

Total disbursements $3,350 09 

» 

Balance (debit) $824 41 



SS2 Ninth Annual Report op. the 

PALMYRA UNION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $3,246 34 

From rent of grounds $71 00 

From rent of privileges 209 86 

From annual members 1,895 92 

From donations 5 00 

From State 1,301 43 

Receipts for 1901 3,486 21 



Total receipts $6,732 55 

DISBURSEMENTS. 

For permanent improvements $208 11 

For labor 640 44 

For material 1,578 06 

For band, $45; ash wood, $75; bay and 

straw, $25; water, $8; total 153 00 

For painting, $65.61; printing, $62.25; 
insurance, $70.63; revenue tax, $8.35; 
total 206 84 

For delegate's expenses, $26.18; an- 
nual dues, $5; sundries, $13.56; 
total 44 74 

For salaries: President, $20; secre- 
tary, $25; treasurer, $25; office 
assistants, $48.50; police, $8; judges, 
$2S.50; superintendent, $31; helpers, 
etc., $18; total 204 00 

For race purses (horses) 294 00 

For premiums on horses . . . $282 00 

For premiums on cattle... 292 00 

For premiums on sheep. . . . 248 00 

For premiums on swine . . . 109 00 

For premiums on poultry. . 179 25 

For premiums on farm 

produce 135 25 



Commissioner of Agriculture. 383 

For premiums on dairy 

products f 6 00 

For premiums on domestic. 175 25 

For premiums on imple- 
ments and machines.... 66 00 

For premiums on flowers . 28 50 

For premiums on fruits ... 58 50 

For premiums on miscel- 
laneous 128 50 

Total |1,708 25 

Total disbursements $5,037 41 

Balance (credit) $1,695 11 



SILVER LAKE AGRICULTURAL AND MECHANICAL 

ASSOCIATION. 

RECEIPTS. 

Balance on hand at close of fiscal year 1900 $1,058 92 

From gate receipts $1,216 65 

From rent of grounds 50 00 

From rent of privileges 175 00 

From grand stand 158 55 

From entries for races (horse) 193 75 

From State 959 44 

Receipts for 1901 2,753 39 

Total receipts $3,812 31 

DISBURSEMENTS. 

For payment of bonds, notes or other 

obligations $636 00 

For special attractions 305 00 

For permanent improvements 386 07 

For printing, $81; hay $32.75; total. . . 113 75 



384 Ninth Annual Report op the 

For labor $80 20 

For sundries, insurance, expressage, 
advertising, State dues 136 28 

For salaries: Secretary, $50; treas- 
urer, $25; office assistants, $16; 
police, $16.25; judges, $30; helpers, 
etc., $12; total 149 25 

For race purses (horses) 592 00 

For premiums on horses. . . $37S 00 

For premiums on cattle. . . 352 00 

For premiums on sheep. . . . 319 00 

For premiums on swine... 112 00 

For premiums on poultry. . 121 00 

For premiums on farm 
produce 9 00 

For premiums on dairy 
products 8 00 

For premiums on flowers.. 4 00 

For premiums: on fruits ... 7 50 

For premiums on miscel- 
laneous 109 50 

Total 1,420 00 

Total disbursements $3,818 55 

Balance (debit) $6 24 



DUNDEE FAIR ASSOCIATION. 
RECEIPTS. 

Balance on hand at close of fiscal year 1900 

From gate receipts $930 94 

From rent of grounds 78 50 

From interest 72 00 

From entries for races (horse) 62 50 



$1,460 14 






Commissioner of Agriculture. 385 

From donations $133 00 

From State 1,098 14 

Receipts for 1901 $2,375 08 

Total receipts $3,835 22 

DISBURSEMENTS. 

For members withdrawn from associa- 
tion $1,288 58 

For labor 67 85 

For material 222 65 

For miscellaneous, attorneys' fees and 

disbursements 88 68 

For amusements 109 90 

For rent of grounds 295 75 

For salaries: Secretary, $50; treas- 
urer, $25; office assistants, $80; 
police, $37; judges, $21; superin- 
tendent, $29; helpers, etc., $11; total. 253 00 

For race purses (horses) 445 00 

For premiums on horses. . . $86 00" 

For premiums on cattle... 94 00 

For premiums on sheep... 72 00 

For premiums on swine... 20 00 

For premiums on poultry. . 92 00 

For premiums on farm 
produce 90 50 

For premiums on domestic. 291 00 

For premiums on flowers. . 31 50 

For premiums on fruits... 49 75 

For premiums on miscel- 
laneous 20 60 

Total 847 35 

Total disbursements 3,618 76 

Balance (credit) $216 40 

25 



AGRICULTURAL LAW. 

1893-1902. 



387 



AGRICULTURAL LAW. 



CHAPTER 338. 



AN ACT in relation to agriculture, constituting articles one, 
two, three, four and five of chapter thirty-three of the gen- 
eral laws. 

Approved by the Governor April 10, 1893. Passed, three-fifths being 

present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

CHAPTER XXXIII OF THE GENERAL LAWS. 

The Agricultural Law. 

Article 1. General provisions. (§§ 1-12.) 

2. Dairy products. (§§ 20-37.) 

3. Adulterated vinegar. (§§ 50-53.) 

4. Diseases of domestic animals. (§§ 60-70g.) 

5. Sugar beet culture. (§§ 71-76.) 

6. Miscellaneous provisions. (§§ 77-92.) 

7. Laws repealed. (§ § 100, 101.) 

8. Prevention of fraud in sale of Paris green. (§ § 110-114.) 

9. Sale and analysis of commercial feeding stuffs. (§ § 120-127.) 
10. State fair. (§§ 140-146.) 

ARTICLE I. 

General Provisions. 
Section 1. Short title. 

2. Commissioner of agriculture. 

3. Power of commissioner, his assistants and employes. 

4. Expert butter and cheesemakers. 

5. Annual report. 



•Chapter 338 of the Laws of 1893 consisted of five articles. Articles four to ten have been 
•enacted since April 10, 1893, and were not, therefore, a part of the present law. 



389 



390 Ninth Annual Report of the 

Section 6. Certificate of chemist presumptive evidence. 

7. Evidence; principal's liability for acts of agent. 

8. Prosecution for penalty. 

9. Disposal of fines and moneys recovered. 

10. When injunction may be obtained. 

11. When prosecution shall not be compelled to elect. 

12. Inspection, how conducted. 

§ 1. Short title. — This chapter shall be known as the agricul- 
tural law. 

§ 2. Commissioner of agriculture. — There shall be a department 
of the state government known as the department of agricul- 
ture, which shall be charged with the execution of the laws 
relating to agriculture and agricultural products. The commis- 
sioner of agriculture shall be the chief of the department. The 
New York state dairy commissioner shall be the commissioner 
of agriculture until his successor shall be appointed and quali- 
fied. The commissioner of agriculture shall be appointed by the 
governor, by and with the advice and consent of the senate. 
His term of office shall be three years. He shall be paid an 
annual salary of four thousand dollars and his necessarv ex- 
penses not to exceed five hundred dollars, incurred in the dis- 
charge of his official duties. He may appoint a director of 
farmers' institutes and such clerks and assistant commissioners 
and employ such clerks, chemists, agents and counsel as he may 
deem necessary for the proper enforcement of such laws and the 
proper administration of the department, who shall receive such 
compensation as may be fixed by him and their necessary ex- 
penses. The compensation of his clerks, assistants and other 
persons employed by him and such necessary expenses shall be 
paid on his certificate by the treasurer on the warrant of the 
comptroller. All other charges, accounts and expenses of the 
department authorized by law shall be paid by the treasurer on 
the warrant of the comptroller, after they have been audited 
and allowed by the comptroller. The trustees of public build- 
ings shall furnish suitable rooms for the use of the department 
in the new capitol. 



Commissioner op Agriculture. 391 

§ 3. Powers of the commissioners,* his assistant and employes. — 
The commissioner of agriculture, his clerks, assistants, experts, 
chemists, agents and counsel employed by him, shall have full 
access to all places of business, factories, farms, buildings, car- 
riages, cars and vessels used in the manufacture, sale or trans- 
portation within the state of any dairy products or any imita- 
tion thereof, or of any article or product with respect to which 
any authority is conferred by this chapter on such commissioner. 
They may examine and open any package, can or vessel con- 
taining or believed to contain any article or product, which may 
be manufactured, sold or exposed for sale in violation of the 
provisions of this chapter, and may inspect the contents therein, 
and take therefrom samples for analysis. 

§ 4. Expert butter and cheesemakers. — The commissioner of 
agriculture may appoint and employ not more than five expert 
butter and cheesemakers, who shall, under his direction, ex- 
amine and inspect butter and cheese factories and attend at 
agricultural fairs, societies and meetings designated by the com- 
missioner, to impart thereat information as to the best and 
most approved method of making butter and cheese and improv- 
ing the quality thereof. 

§ 5. Annual report. — The commissioner of agriculture shall 
make an annual report to the legislature on or before January 
fifteenth, of his work and proceedings for the year ending Sep- 
tember thirtieth, next preceding which shall include a statement 
in detail of the number of assistant commissioners, chemists, 
experts, agents, and counsel employed under the provisions of 
this chapter during such year, and their compensation, expenses 
and disbursements; and also a statement in detail of the ex- 
penditures of moneys appropriated for the state agricultural 
society, the county agricultural societies and the New York 
agricultural experiment station; and other agricultural purposes 

and estimates of the amounts required for all such purposes for 

_____^__ * . 

♦So in the original. 



392 Ninth Annual Report of the 

the ensuing year. He may require the state agricultural society 
and the county agricultural societies to make reports to him 
and prescribe the form of such reports. 

§ 6. Certificate of chemist presumptive evidence. — Every certifi- 
cate, duly signed and acknowledged, of a chemist, analyst or 
other expert employed by the commissioner of agriculture or 
any analysis, examination or investigation made by such 
analyst, chemist or expert with respect to any matter or pro- 
duct which the commissioner has authority to examine or cause 
to be examined, shall be presumptive evidence of the facts 
therein stated. 

People v. Kibler, 106 N. Y. 321. 
People v. West, Id. 293. 
People v. Schaeffer, 41 Hun, 23. 
People v. Mahaney, Id. 26. 
People v. Eddy, 12 N. Y. Supp. 628. 
People v. Thompson, 14 Id. 839. 

§ 7. Evidence; principal's liability for act of agent. — The doing 
of anything prohibited by this chapter shall be evidence of the 
violation of the provisions of this chapter relating to the thing 
so prohibited and the omission to do anything directed to be 
done shall be evidence of a violation of the provisions of the 
chapter relative to the thing so directed to be done. The intent 
of any person doing or omitting to do any such act is immaterial 
in any prosecution for a violation of the provisions of this 
chapter. Any person who suffers, permits or allows any viola- 
tion of the provisions of this chapter by his agent or servant, or 
in any room or building occupied or controlled by him, shall be 
deemed a principal in such violation and liable accordingly. 

Electric Power Co. v. Metropolitan Telephone and Telegraph 
Co., 75 Hun, 68; s. c, 75 State Rep. 57; 27 N. Y. Supp. 93. 

§ 8. Prosecution for penalties. — Whenever the commissioner of 
agriculture shall know or have reason to believe that any pen- 
alty has been incurred by any person for a violation of any of 



Commissioner of Agriculture. 393 

the provisions of this chapter, or that any sum has been for- 
feited by reason of any such violation, he may cause an action 
or proceeding to be brought in the name of the people for the 
recovery of the same. 

People v. Briggs & McQuade, 114 N. Y. 56. 

People v. Belknap, 58 Hun, 241. 

People v. Hodnet, 81 Id. 137. 

People v. Lamb, 85 Id. 171. 

People v. Salisbury, 2 App. Div. 39; s. c, 151 N. Y. 663. 

§ 9. Disposal of fines and moneys recovered. — One half of all 
money recovered, either as penalties, forfeitures or otherwise, 
for the violation of any of the provisions of this chapter, and 
from fines imposed as a punishment for any criminal offense 
committed in violation of the provisions of this chapter, or of 
the penal code relating to the punishment of criminal offenses 
committed in violation of the provisions of law for the preven- 
tion of frauds in the manufacture or sale of any of the articles 
or products to which this chapter relates, shall be paid by the 
court or the clerk thereof to the city or county where the re- 
covery shall be had or fine collected for the benefit of the poor 
of such city or county, except in the city and county of New York 
and the city of Brooklyn, where the same shall be paid to the 
proper authorities, and equally divided by them between the 
pension funds of the police and fire departments. The residue 
of such moneys shall be paid into the treasury of the state, and 
paid out by the treasurer, upon the warrant of the comptroller, 
for the purpose of defraying the expenses of the department of 
agriculture, audited by the comptroller. The same disposal 
shall be made of all moneys recovered upon any bond given by 
any officer by virtue of the provisions of this chapter. 

§ 10. When injunctions may be obtained. — In an action in the 
supreme court for the recovery of a penalty or forfeiture in- 
curred for the violation of any of the provisions of this chapter 
an application may be made on the part of the people to the 
court or any justice thereof for an injunction to restrain the 



3!)1 Ninth Annual Report of the 

defendant, his agents and employes from the further violation 
of such provisions. The court or justice to whom such applica- 
tion may be made, shall grant such injunction on proof, by affi- 
davit, that the defendant has been guilty of the violations 
alleged in the complaint, or of a violation of any such provision 
subsequent to the commencement of the action, and in the same 
manner as injunctions are usually granted under the rules and 
practice of the court. No security on the part of the plaintiff 
shall be required, and costs of the application may be granted 
or refused in the discretion of the court or justice. If the plain- 
tiff shall recover judgment in the action for any penalty or for- 
feiture demanded in the complaint, the judgment shall contain 
a permanent injunction, restraining the defendant, his agents 
and employes, from any further violation of such provision of 
this chapter. Any injunction, order or judgment obtained under 
this section may be served on the defendant by posting the same 
upon the outer door of the defendant's usual place of business, 
or where such violation was or may be committed, or in the 
manner required by the code of civil procedure, and the rules and 
practice of the court. Personal service of the injunction shall 
not be necessary when such service cannot be secured with 
reasonable diligence, but the service herein provided shall be 
deemed sufficient in any proceeding for the violation of such 
injunction. 

People v. Bouchard, 6 Misc. Rep. 459. 
People v. Windholz, 68 App. Div. 552. 

§ 11. When prosecution shall not be compelled to elect. — In an 
action for a penalty or forfeiture incurred by reason of the 
violation of the provisions of this chapter, when the complaint 
charges a violation of any two or all of such provisions, the 
plaintiff shall not be compelled to elect between the counts 
under such different provisions, but shall be entitled to recover 
if it is found that a violation of any one of such provisions has 
been committed for which a penalty or forfeiture is imposed. 

People v. Briggs & McQuade, 114 N. Y. 56. 



Commissioner of Agriculture. 395 

§ 12. Inspection, how conducted. — When the commissioner of 
.agriculture, an assistant commissioner, or any person or officer 
authorized by the commissioner, or by this chapter, to examine 
or inspect any product manufactured or offered for sale shall in 
discharge of his duties take samples of such product, he shall 
before taking a sample, request the person delivering the milk 
or who has charge of it at the time of inspection, to thoroughly 
stir or mix the said milk before the sample is taken. If the 
person so in charge refuses to stir or mix the milk as requested, 
then the person so requesting shall himself so stir and mix the 
milk before taking the sample, and the defendant shall there- 
after be precluded from introducing evidence to show that the 
milk so taken was not a fair sample of the milk delivered, sold, 
offered or exposed for sale by him. The person taking the 
sample of milk for analysis shall take duplicate samples thereof 
in the presence of at least one witness, and he shall in the pres- 
ence of such witness seal both of such samples, and shall tender, 
and, if accepted, deliver at the time of taking one sample to the 
manufacturer or vendor of such product, or to the person having 
custody of the same, with a statement in writing of the cause of 
the taking of the sample. In taking samples of milk for analysis 
at a creamery, factory, platform or other place where the same 
is delivered by the producer for manufacture, sale or shipment, 
or from a milk vendor who produces the milk which he sells, 
with a view of prosecuting the producer of such milk for deliver- 
ing, selling or offering for sale adulterated milk, the said com- 
missioner of agriculture or assistant or his agent or agents 
shall within ten days thereafter, with the consent of said pro- 
ducer, take a sample in a like manner of the mixed milk of the 
herd of cows from which the milk first sampled was drawn and 
shall deliver the duplicate sample to the said producer and shall 
cause the sample taken by himself or his agent to be analyzed. 
If the sample of milk last taken by the commissioner of agri- 
culture or his agent or agents shall upon analysis prove to con- 
tain no higher percentage of milk solids, or no higher percentage 
of fat than as the sample taken at the creamery, factory, plat- 



396 Ninth Annual Report of the 

form or other place, then no action shall lie against the said pro- 
ducer for violation of subdivisions one, two, three, seven and 1 
eight of section twenty of the agricultural law. In taking a 
second sample as above set forth from the mixed milk of the 
herd, it shall be the duty of the commissioner of agriculture to- 
have an assistant, agent or agents present during the entire 
time in which the said cattle are being milked to observe closely 
so as to be sure that the milk thus to be sampled is not adulter- 
ated and to see that it is thoroughly mixed so that the sample 
taken shall be a fair sample of the average quality of the mixed 
milk of the entire dairy or herd of cows of said producer. If, 
however, the said producer refuses to allow such examination 
of the milk produced by his dairy then he shall be precluded 
from offering any evidence whatever tending to show that the 
milk delivered by him at the said creamery, factory, platform or 
other place was just as it came from the cow. If the said pro- 
ducer does permit such examination the commissioner of agri- 
culture shall, upon receiving application therefor, send to said 
producer a copy of the analysis of each of the samples of milk 
so taken and analyzed as above provided. (As amended by chap- 
ter 557 of the Laics of 1898.) 

People v. Wiard, 61 App. Div. 612; 170 N. Y. 30. 
ARTICLE II. 

Dairy Products. 
Section 20. Definitions. 

21. Care and feed of cows. 

22. Prohibition of the sale of adulterated milk. 

23. Regulations in regard to butter and cheese factories. 

24. Cans to be branded with name of county. 

25. Regulations in regard to condensed milk. 

26. Manufacture and sale of imitation butter prohibited. 

27. Manufacture or mixing of animal fats with milk, cream or but- 

ter prohibited. 

28. Prohibited articles not to be furnished for use. 

29. Use of coloring matter prohibited. 

30. Manufacture and sale of imitation cheese prohibited. 

31. When prohibitions do not apply to skim milk or skim cheese. 



Commissioner op Agriculture. 397 

Section 32. Packages to be branded with name of maker. 

33. Manufacturer's brand of cheese. 

34. Use of false brand prohibited. 

35. County trade-marks. 

36. Object and intent of this article. 

37. Penalties. 

Section 20. Definitions. — The terms, butter and cheese, when 
used in this article, mean, the products of the dairy, usually 
known by those terms, which are manufactured exclusively from 
pure, unadulterated milk or cream or both, with or without salt 
•or rennet, and with or without coloring matter or sage. The 
terms oleomargarine, butterine, imitation butter or imitation 
cheese, shall be construed to mean any article or substance in 
the semblance of butter or cheese not the usual product of the 
•dairy, and not made exclusively of pure and unadulterated milk 
or cream, or any such article or substance into which any oil, 
lard or fat not produced from milk or cream enters as a com- 
ponent part, or into which melted butter or butter in any con- 
dition or state, or any oil thereof has been introduced to take 
the place of cream. The term, adulterated milk, when so used, 
means: 

1. Milk containing more than eighty-eight per centum of water 
or fluids. 

2. Milk containing less than twelve per centum of milk solids. 

3. Milk containing less than three per centum of fats. 

4. Milk drawn from cows within fifteen days before and five 
days after parturition. 

5. Milk drawn from animals fed on distillery waste or any sub- 
stance in a state of fermentation or putrefaction or on any un- 
healthy food. 

6. Milk drawn from cows kept in a crowded or unhealthy con- 
dition. 

7. Milk from which any part of the cream has been removed. 

8. Milk which has been diluted with water or any other fluid, 
or to which has been added or into which has been introduced 
any foreign substance whatever. 



39S Ninth Annual Report of the 

All adulterated milk shall be deemed unclean, unhealthy, im- 
pure and unwholesome. The terms, pure milk or unadulterated 
milk, when used singly or together mean sweet milk not adul- 
terated, and the terms pure cream or unadulterated cream, when 
used singly or together mean cream taken from pure and unadul- 
terated milk. 

People t. Cipperly, 101 N. Y. 634; s. c. (dissenting opinion), 37 

Hu.i, 324. 
People v. Schaeffer, 41 Id. 23. 
People v. ( Kibler, 106 N. Y. 321. 
People v. West, Id. 293. 
People v. Eddy, 12 X. Y. Supp. 628. 

§ 21. Care and feed of cows. — No person shall keep cows, for 
the production of milk for market or for sale or exchange, or for 
manufacturing the milk or cream from the same into any article 
of food, in a crowded or unhealthy condition, or feed any such 
cows on distillery waste or on any substance in the state of putre- 
faction or fermentation, or upon any food that is unhealthy or 
that produces impure, unhealthy, diseased or unwholesome milk. 
But this section shall not be construed to prohibit the feeding 
of ensilage. 

§ 22. Prohibition of the sale of adulterated milk. — No person 
shall sell or exchange, or offer or expose for sale or exchange, 
any unclean, impure, unhealthy, adulterated or unwholesome 
milk or any cream from the same, or any unclean, impure, un- 
healthy, adulterated, colored, or unwholesome cream, or sell or 
exchange or offer or expose for sale or exchange any article 
of food made from such milk or cream or manufacture from any 
such milk or cream any article of food. (As amended by chapter 
101 of the La us of 1900.) 

People v. Cipperly, 101 N. Y. 634; s. c. (dissenting opinion), 37 

Hun, 324. 
People v. Schaeffer, 41 Id. 23. 
People v. Kibler, 106 N. Y. 321. 
People v. West, Id. 293. 
People v. Eddy, 12 N. Y. Supp. 62S. 



Commissioner of Agriculture. 399 

§ 23. Regulations in regard to butter and cheese factories. — No 
person shall sell, supply or bring to be manufactured to any but- 
ter or cheese factory any milk diluted with water, or any un- 
clean, impure, unhealthy, adulterated or unwholesome milk, or 
milk from which any of the cream has been taken, except pure 
skim milk to skim-cheese factories. No person shall sell, supply 
or bring to be manufactured to any butter or cheese factory any 
milk from which there has been kept back any part of the milk 
commonly known as strippings, or any milk that is sour, except 
pure skim milk to skim-cheese factories. The owner or pro- 
prietor or the persons having charge of any butter or cheese fac- 
tory, not buying all the milk used by him, shall not use for his 
own benefit, or allow any of his employes or any other person 
to use for his own benefit, any milk, cream, butter or cheese or 
any other product thereof, brought to such factory, without the 
consent of the owners of such milk or the products thereof. . 
Every butter or cheese manufacturer not buying all the milk he 
uses, shall keep a correct account of all the milk daily received, 
of the number of packages of butter and cheese made each day, 
and the number of packages and aggregate weight of cheese and 
butter disposed of each day; which account shall be open to in- 
spection to any person who delivers milk to such factory. When- 
ever manufacturers of butter or cheese purchase milk upon the 
basis of the amount of fat contained therein and use for ascer- 
taining the amount of such fat what is known as the Babcock 
test, the bottles used in such test shall before use be examined 
by the director of the Geneva Experimental Station. If such 
bottles are found to be properly constructed and graded so as 
to accurately show the amount of fat contained in milk, each of 
them shall be legibly and indelibly marked " S. B." No bottle 
shall be so marked except as herein provided nor shall be used 
in any such test by such manufacturers, unless so examined and 
marked. The acid used in making such test by such manufac- 
turers shall be examined from time to time by competent 
chemists employed by the commissioner of agriculture and if 
found not to be of sufficient strength the use of such acid shall 



400 Ninth Annual Report of the 

be prohibited. The commissioner of agriculture or persons em- 
ployed by him for that purpose may at any time assist in mail- 
ing tests of milk received at a butter or cheese factory for the 
purpose of determining the efficiency of tests usually made at 
such factory. All persons using other than standard bottles or 
acid which is not of the required strength to accurately deter- 
mine the amount of fats in milk, shall be subject to the penalties 
prescribed by section thirty-seven of this article, and shall be 
guilty of a misdemeanor. (As amended by chapter 544 of the Laws 
of 1900.) 

§ 24. No person or persons shall hereafter, without the con- 
sent of the owner or owners, shipper or shippers, use, sell, dis- 
pose of, buy or traffic in any milk can or cans, cream can or cans 
belonging to any dealer or dealers, shipper or shippers of milk 
or cream residing in the state of New York or elsewhere, who 
•may ship milk or cream to any city, town or place within this 
state, having the name or initials of the owner or owners, dealer 
or dealers, shipper or shippers, stamped, marked or fastened on 
such can or cans, or wilfully mar, erase or change by remarking 
or otherwise said name or initials of any such owner or owners, 
dealer or dealers, shipper or shippers, so stamped, marked or 
fastened upon said can or cans. Nor shall any person or per- 
sons without the consent of the owner use such can or cans for 
;ny other purpose than for milk or cream; nor shall any person 
or persons without the consent of the owner place in any such 
can or cans any substance or substances, product or products 
other than milk or cream. (As amended by chapter 375 of the 
Laws of 1901.) 

People v. West, 106 N. Y. 293. 

People v. Hodnet, 68 Hun, 341; 22 N. Y. Supp. S09. 

People v. Eddy, 12 Id. 628. 

§ 25. Regulations in regard to condensed milk. — No condensed 
milk shall be made or offered or exposed for sale or exchange 
unless manufactured from pure, clean, healthy, fresh, unadul- 
terated and wholesome milk from which the cream has not been 



Commissioner of Agriculture, 401 

removed either wholly or in part, or unless the proportion of 
milk solids shall be in quantity the equivalent of twelve per 
centum of milk solids in crude milk, and of which solids twenty- 
five per centum shall be fats. No person shall manufacture, sell 
or offer for sale or exchange in hermetically sealed cans, any 
condensed milk unless put up in packages upon which shall be 
distinctly labeled or stamped the name of the persons or corpora- 
tion by whom made and the brand by which or under which it is 
made. When condensed milk shall be sold from cans or pack- 
ages not hermetically sealed, the vendor shall brand or label such 
cans or packages with the name of the manufacturer of the milk 
contained therein. (As amended by chapter 143 of the Laics of 
1894.) 

§ 26. Manufacture and sale of imitation hutter prohibited. — No 
person by himself, his agents or employes, shall produce or manu- 
facture out of or from any animal fats or animal or vegetable oils 
not produced from unadulterated milk or cream from the same, 
the article known as oleomargarine or any article or product in 
imitation or semblance of natural butter produced from pure, un- 
adulterated milk or cream of the same; or mix, compound with or 
add to milk, cream or butter any acids or other deleterious sub- 
stance or any animal fats or animal or vegetable oils not produced 
from milk or cream, so as to produce any article or substance or 
any human food in imitation or in semblance of natural but- 
ter, nor sell, keep for sale or offer for sale any article, substance, 
or compound made, manufactured or produced in violation of the 
provisions of this section, whether such article, substance or 
compound shall be made or produced in this state or elsewhere. 
Any person manufacturing, selling, offering or exposing for sale 
any commodity or substance in imitation or semblance of butter 
the product of the dairy, shall be deemed guilty of a violation of 
the agricultural law, whether he sells such commodity or sub- 
stance as butter, oleomargarine or under any other name or 
26 



402 Ninth Annual Report of the 

designation whatsoever and irrespective of any representations 
he may make relative to such commodity or substance. Any 
dealer in any article or product, the manufacture or sale of 
which is prohibited by this act, who shall keep, store or display 
such article or product, with other merchandise or stock in his 
place of business, shall be deemed to have the same in his pos- 
session for sale. (As amended by chapter 385 of the Laics of 1002.) 

People v. Marx, 99 N. Y. 377. 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 3SS; 

105 Id. 123. 
People v. Bremer, 69 App. Div. 14. 
People v. Hill, 44 Hun, 472. 
People v. Kerin, 39 Hun, 631; 4 Crim. Pep. 140. 
People v. Laning, 40 App. Div. 227; 59. N. Y. Supp. 1057. 
People v. Mahaney, 41 Hun, 26. 
People v. Meyer, 44 App. Div. 1. 
Powell v. Commonwealth of Pennsylvania, 114 Penn. St. 265; 

127 U. S. 678. 
Plumley v. Commonwealth of Massachusetts, 155 U. S. 461; 15 

Sup. Ct. Rep. 154. 
Waterbury v. Egan, 3 Misc. Pep. 355; 52 State Rep. 421; 23 X. 

Y. Supp. 115. 
Waterbury v. Newton, 50 N. J. L. 534. 

§ 27. Manufacture or mixing of animal fats with milk, cream or 
butter prohibited. — No person shall manufacture, mix or com- 
pound with or add to natural milk, cream or butter any animal 
fats or animal or vegetable oils, nor make or manufacture any 
oleaginous substance not produced from milk or cream, with in- 
teDt to sell the same as butter or cheese made from unadulterated' 
milk or cream or have the same in his possession with such in- 
tent; nor shall any person solicit or take orders for the same or 
offer the same for sale, nor shall any such article or substance or 
compound so made or produced, be sold as and for butfpr or 
cheese, the product of the dairy. No person shall coat, powder or 
color with annatto or any coloring matter whatever, butterine or 
oleomargarine or auy compound of the same or any product or 
manufacture made in whole or in part from animal fats or animal 



Commissioner of Agriculture. 403 

or vegetable oils not produced from unadulterated milk or cream 
by means of which such product, manufacture or compound shall 
resemble butter or cheese, the product of the dairy; nor shall he 
have the same in his possession with intent to sell the same nor 
shall he sell or offer to sell the same. No person by himself, his 
agents or employees, shall manufacture, sell, offer or expose for 
sale, butter that is produced by taking original packing stock or 
other butter or both and melting the same, so that the butter fat 
can be drawn off, then mixing the said butter fat with skimmed 
milk or milk or cream or other milk product and rechurning the 
said mixture, or that is produced by any similar process and is 
commonly known as boiled or process butter, unless he shall 
plainly brand or mark the package or tub or wrapper in which 
the same is put up in a conspicuous place with the words " reno- 
vated butter." If the same shall be put up, sold, offered or ex- 
posed for sale in prints or rolls, then the said prints or rolls 
shall be labeled plainly with printed letters in a conspicuous 
place on the wrapper with the words " renovated butter." If 
the same is packed in tubs or boxes or pails or other kind of a 
case or package the words " renovated butter " shall be printed 
on the top and side of the same in letters, at least, one inch in 
length, so as to be plainly seen by the purchaser. If such but- 
ter is exposed for sale, uncovered, not in a package or case, a 
placard containing the label so printed shall be attached to the 
mass of butter in such manner as to easily be seen and read by 
the purchaser. Xo person shall sell, offer or expose for sale, 
any butter or other dairy products containing a preservative, 
but this shall not be construed to prohibit the use of salt in but- 
ter or cheese, or spirituous liquors in club or other fancy cheese 
or sugar in condensed milk. Xo person or persons, firm, asso- 
ciation or corporation shall induce or attempt to induce any per- 
son or persons to violate any of the provisions of the agricul- 
tural law. Any person, firm, association or corporation selling, 
offering or advertising for sale any substance, preparation or 
matter for use in violation of the provisions of the agricultural 



404 Ninth Annual Report of the 

law shall be guilty of a violation of this act. (As amended by 
chapter 534 of the Laws of 1900.) 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 388; 

105 Id. 123. 
People v. Biersecker, 169 Id. 53. 
People v. Kerin, 39 Hun, 631. 
People v. Mahaney, 41 Id. 26. 
People v. Hill, 44 Id. 472. 
Powell v. Commonwealth of Pennsylvania, 114 Penn. St. 265; 

127 U. S. 678. 
Plumley v. Commonwealth of Massachusetts, 155 U. S. 461; 15 

Sup. Ct. Rep. 154. 
Waterbury v. Newton, 50 N. J. L. 534. 

§ 28. Prohibited articles not to be furnished. — No keeper or 
proprietor of any bakery, hotel, boarding-house, restaurant, 
saloon, lunch-counter or place of public entertainment, or any per- 
son having charge thereof or employed thereat, or any person fur- 
nishing board for any others than members of his own family, or 
for any employes where such board is furnished for a compensa- 
tion or as part of the compensation of any such employe, shall 
keep, use or serve therein either as food for his guests, boarders, 
patrons, customers or employes or for cooking purposes any 
article or substance made in violation of the provisions of this 

article. 

People v. Fox, 4 App. Div. 38; 74 State Rep. 500; 3S N. Y. Supp. 
635. 

§ 29. Use of coloring matter prohibited. — No person manu- 
facturing with intent to sell any substance or article in imitation 
or semblance of butter or cheese not made exclusively from un- 
adulterated milk or cream or both, with salt or rennet or both 
and with or without coloring matter or sage, but into which any 
animal, intestinal or offal fats, or any oils or fats or oleaginous 
substance of any kind not produced from from* pure, unadulter- 
ated milk or cream, or into which melted butter, or butter in any 
condition or state or any modification of the same, or lard or tal- 

•So in the original. 



Commissioner of Agriculture. 405 

low shall be introduced, shall add thereto or combine therewith 
any annatto or compounds of the same, or any other substance or 
substances whatever, for the purpose or with the effect of impart- 
ing thereto a color resembling yellow, or any shade of yellow 
butter or cheese, nor introduce any such coloring matter or other 
substance into any of the articles of which the same is composed. 

People v. Arensberg, 40 Hun, 358; s. c, reversed, 103 N. Y. 388; 

105 Id. 123. 
People v. Hill, 44 Hun, 472. 

§ 29a. No person or persons shall manufacture, sell or expose 
for sale any poisonous coloring matter for the coloring of food 
products of any kind, nor shall any person or persons use any 
poisonous coloring matter manufactured, sold, offered or exposed 
for sale within this state; nor shall any person or persons sell,, 
offer or expose for sale any food product containing such poison- 
ous coloring matter. The state board of health shall cause sam- 
ples of coloring matter that are exposed for sale upon the market 
for use in food products to be analyzed and report the results of 
such analysis to the legislature at the next session. (Added 'by- 
chapter 518 of the Laics of 1899.) 

§ 30. Manufacture and sale of imitation cheese prohibited. — 
No person shall manufacture, deal in, sell, offer or expose for sale 
or exchange any article or substance, in the semblance of or in 
imitation of cheese made exclusively of unadulterated milk or 
cream, or both, into which any animal, intestinal or offal fats or 
oils, or melted butter or butter in any condition or state or 
modification of the same, or oleaginous substances of any kind 
not produced from unadulterated milk or cream, shall be 
introduced. 

§ 31. When prohibition does not apply to skim-milk or skim- 
cheese. — Except in the counties of New York and Kings, the pro- 
hibitions contained in this article against the sale of adulterated 
milk shall not apply to skim-milk, which is clean, pure, healthy, 
wholesome and unadulterated, except by skimming, sold for use 



401 ; Ninth Annual Report of the 

in the county in which it is produced or an adjoining county, if it 
is sold for and as skimmed milk. The prohibitions in this article 
against the sale of cheese made from unadulterated milk or 
cream, shall not apply to pure skim-cheese made from milk which 
is clean, pure, healthy, wholesome and unadulterated, except by 
skimming. 

People v. Kibler, 106 N. Y. 321. 

§ 32. No person, firm, association or corporation buying or re- 
ceiving milk, not produced from the dairy of such person, firm, 
association or corporation, for the purpose of selling the same 
for consumption as such, or for manufacturing the same into 
butter, cheese, condensed milk or other human food, shall keep 
the same in utensils, cans, vessels, room or rooms, building or 
buildings, that are unclean or that have unsanitary surround- 
ings or drainage, or in any condition whatsoever that would tend 
to produce or promote conditions favorable to unhealthfulness 
or disease. The commissioner of agriculture shall notify all 
persons, firms, associations or corporations violating this sec- 
tion, to clean said utensils, cans, vessels, room or rooms, build- 
ing or buildings, or to so improve the sanitary conditions that 
the law will not be violated, and if such notice is complied with 
in ten days time, Sundays excepted, then no action shall lie for 
a violation of this section. The provisions of this act shall not 
apply to cities of the first class. (As amended by chapter 153 of 
the Laics of 1898.) 

§ 33. Manufacturer's brand of cheese. — Every manufacturer 
of full-milk cheese may put a brand upon each cheese indicating 
"full-milk cheese," and the date of the month and year when 
made; and no person shall use such a brand upon any cheese 
made from milk from which any of the cream has been taken. 
The commissioner of agriculture shall procure and issue to the 
cheese manufacturers of the state, on proper application there- 
for, and under such regulations as to the custody and use there- 
of as he may prescribe, a uniform stencil brand, bearing a suit- 



Commissioner of Agriculture. 407 

able device or motto, and the words, " New York state full- 
cream cheese." Every such brand shall be used upon the outside 
of the cheese and shall bear a different number for each separate 
factory. The commissioner shall keep a book, in which shall be 
registered the name, location and number of each manufactory 
using the brand, and the name or names of the persons at each 
manufactory authorized to use the same. No such brand shall 
be used upon any other than full-cream cheese or packages con- 
taining the same. (As amended by chapter 559 of the Laws of 1898.) 

§ 34. TJse of false brand prohibited. — No person shall offer, sell, 
or expose for sale, in any package, butter or cheese which is 
falsely branded or labeled. 

§ 35. County trade marks. — At a regular or special meeting 
of a county dairymen's association in any county of the state there 
may be adopted a county trade mark, by a majority of the mem- 
bers present and voting, to be used as a trade mark by am * person 
manufacturing pure unadulterated butter or full-cream cheese in 
such county. The secretary of the association shall forthwith 
send to the commissioner of agriculture a copy of such trade mark, 
which copy he shall place on file in his office, noting thereupon the 
day and hour he received the same. But one county trade mark 
for butter and for cheese shall be placed on file for the same 
county. No association shall adopt any trade mark of any county 
already on file, or use that of any other county in the formation 
of a trade mark. 

§ 36. Object and intent of this article. — This article and each 
section thereof are declared to be enacted to prevent deception in 
the sale of dairy products, and to preserve the public health, which 
is endangered by the manufacture, sale and use of the articles or 
substances herein regulated or prohibited. 

§ 37. Every person violating any of the provisions of the agri- 
cultural law shall forfeit to the people of the state of New York 
the sum of not less than fifty dollars nor more than one hundred 

*So in the original. 



408 Ninth Annual Report of the 

dollars for the first violation and not less than one hundred 
dollars or more than two hundred dollars for the second and 
each subsequent violation. When such violation consists of 
the manufacture or production of any prohibited article, each 
day during which or any part of which such manufacture or 
production is carried on or continued, shall be deemed a sepa- 
rate violation of the provisions of this article. When the viola- 
tion consists of the sale, or the offering or exposing for sale or 
exchange of any prohibited article or substance, the sale of each 
one of several packages shall constitute a separate violation, 
and each day on which any such article or substance is offered 
or exposed for sale or exchange shall constitute a separate viola- 
tion of this article. When the use of any such article or sub- 
stance is prohibited, each day during which or any part of which 
said article or substance is so used or furnished for use, shall 
constitute a separate violation, and the furnishing of the same 
for use to each person to whom the same may be furnished shall 
constitute a separate violation. Whoever by himself or another 
violates any of the provisions of article two, three, eight, eleven 
and twelve or sections ninety-one and ninety-two of the agri- 
cultural law or of chapter four hundred and ninety-one, laws of 
eighteen hundred and ninety-eight, shall be guilty of a misde- 
meanor, and upon conviction shall be punished by a fine of not 
less than fifty dollars, nor more than two hundred dollars, or by 
imprisonment of not less than one month nor more than six 
months or by both such fine and imprisonment, for the first 
offense; and by six months imprisonment for the second offense. 
{As amended by chapter 656 of the Laws of 1901.) 

ARTICLE III. 

Adulterated Vinegar. 

Section 50. Definition of adulterated vinegar. 

51. Manufacture and sale of adulterated or imitation vinegar pro- 

hibited. 

52. Packages containing cider vinegar to be branded. 

53. Penalties. 



Commissioner of Agriculture. 409 

§ 50. Definition of adulterated vinegar. — All vinegar which con- 
tains any proportion of lead, copper, sulphuric acid, or other 
ingredients injurious to health, or any artificial coloring matter 
or which has not an acidity equivalent to the presence of at 
least four and one-half per centum, by weight, of absolute acetic 
acid, or cider vinegar which has less than such an amount of 
acidity, or less than two per centum of cider vinegar solids on 
full evaporation over boiling water, shall be deemed adulterated. 
The term cider vinegar, when used in this article means vinegar 
made exclusively from pure apple juice. Provided, however, that 
cider vinegar made by a farmer in this state, exclusively from 
apples grown on his land, or their equivalent in cider taken in 
exchange therefor, shall not be deemed adulterated, if it contain 
two per centum solids and sufficient alcohol to develop the re- 
quired amount of acetic acid. (As amended by chapter 308 of the 
Laios of 1901.) 

People v. Windholz, 68 App. Div. 552. 

§ 51. Manufacture and sale of adulterated or imitation vinegar 
prohibited. — No person shall manufacture for sale, keep for sale 
or offer for sale: 

1. Any adulterated vinegar. 

2. Any vinegar or product in imitation or semblance of cider 
vinegar, which is not cider vinegar. 

3. As or for cider vinegar, any vinegar or product which is not 
cider vinegar. 

§ 52. Packages containing cider vinegar to be branded. — Every 
manufacturer or producer of cider vinegar shall plainly brand 
on the head of each cask, barrel keg or other package contain- 
ing such vinegar, his name and place of business and the words 
"cider vinegar." And no person shall mark or brand as or for 
cider vinegar any package containing that which is not cider 
vinegar. 

§ 53. Penalties. — Every person violating the provisions of this 
article shall forfeit and pay to the people of the state the sum of 
one hundred dollars for each violation. 



410 Ninth Annual Retort of the 

* ART! CLE IV. 

Diseases of Domestic Animals. 

Section GO. Suppression of infectious or contagious disease. 

61. Commissioner to issue notice. 

62. Farms to be quarantined; inspection of premises. 

63. Detention and destruction of animals. 

64. Employment of veterinary surgeons. 

65. Regulations and enforcement thereof. 

66. Penalties. 

67. Appraiser of condemned animals. 

68. Appraisal of diseased animals. 

69. Certificate of appraisal. 

70. Post-mortem examination of slaughtered animals. 
70a. Compensation to owners of animals destroyed. 
70b. Expenses. 

70c. Federal regulations. 

70d. Rights of federal inspectors. 

70e. Slaughtering and selling veal for food. 

70f. Shipping veal. 

70g. Receiving veal for shipment by common carriers. 

Section 60. Suppression of infectious and contagious disease. — 
Whenever any infectious or contagious disease, affecting domes- 
tic animals shall exist, be brought into or break out in this state,, 
the commissioner of agriculture shall take measures to promptly 
suppress the same, and to prevent such disease from spreading. 
The local boards of health shall notify the commissioner of the 
existence of infectious or contagious disease affecting domestic 
animals in the districts subject to their jurisdiction. 

§ 61. Commissioner to issue notice. — He shall issue and publish 
a notice, stating that a specified infectious or contagious dis- 
ease exists in any designated county or other geographical dis- 
trict of the state, and warning all persons to seclude in the 
premises where they may be at the time, all animals within such 
county or district, that are of a kind susceptible to contract such 
disease, and ordering all persons to take such precaution 
against the spreading of the disease, as the nature thereof may 

'Original Article IV was repealed, and new Article IV enacted, by Chapter 321 of the 
Laws of 1901. 



Commissioner of Agriculture, 411 

in his judgment render necessary or expedient, and which he may- 
specify in such notice. Such notice shall be published in such 
newspapers, and be posted in such manner as the commissioner 
may designate, and as, in his judgment, are most likely to give 
notice thereof. 

§ 62. Farms to be quarantined; inspection of premises. — The com- 
missioner or an assistant commissioner, shall order any prem- 
ises, farm or farms where such disease exists, or recently ex- 
isted, to be put in quarantine, so that no domestic animal be 
removed from or brought to the premises or places quarantined,, 
and shall prescribe such regulations as he may judge necessary 
or expedient to prevent the communication of the disease by 
infection or contagion, in any way from the places so quaran- 
tined. The commissioner may adopt and enforce rules regulat- 
ing the sanitation of stables and other buildings used for the 
stabling of cattle for the purpose of preventing the existence 
and spread of infection and contagion among cattle. He may 
provide for the inspection and examination of all such stables 
and buildings. 

§ 63. Detention and destruction of animals. — The commissioner 
or an assistant commissioner, may order all or any animals 
coming into the state to be detained at any place or places for 
the purpose of inspection and examination. He may prescribe 
regulations for the destruction of animals affected with infec- 
tious or contagious disease, and for the proper disposal of then- 
hides and carcasses, and of all objects which might carry in- 
fection and contagion. Whenever, in his judgment necessary, for 
the more speedy and economical suppression or prevention of 
the spread of any such disease, he may cause to be slaughtered, 
and to be afterwards disposed of, in such manner as he may 
deem expedient, any animal or animals, which, by contact or 
association with diseased animals, or by other exposure to in- 
fection or contagion, may be considered or suspected to be liable 
to contract or communicate the disease sought to be suppressed 
or prevented. The commissioner may direct that an animal 



412 Ninth Annual Report of the 

•shall be condemned, quarantined or slaughtered as tuberculous, 
under the provisions of this article, if it shall be found to be 
tuberculous by a physical examination. If the owner of animals 
suspected of being tuberculous desires to have such animals 
tested with tuberculin and enters into a written agreement with 
the state in the manner prescribed by the commissioner of agri- 
culture, before such test is made, to the effect that he will dis- 
infect his premises and either consent to the slaughter of the 
.animals responding to such test, or hold them and their products 
in strict quarantine, pursuant to the directions of the commis- 
sioner of agriculture, such test shall be made by a medical or 
veterinary practitioner designated by the commissioner. The 
commissioner may also in his discretion order such tuberculin 
test to be made, and if the animal responds to such test, he may 
•cause such animal to be slaughtered or held in strict quarantine. 

§ 64. Employment of veterinary surgeons. — The commissioner 
may employ such and so many medical and veterinary practition- 
ers and such other persons as he may, from time to time, deem 
necessary to assist him in discharging the duties imposed upon 
him by this article, and may fix their compensation, to the 
amount appropriated therefor. No animal shall be destroyed 
by the commissioner or by his order on the ground that it is a 
diseased animal, unless first examined by a medical or veteri- 
nary practitioner in the employ of the commissioner, nor until 
such practitioner renders a certificate to the effect that he has 
made such examination, that in his judgment such animal is 
affected with a specified infectious or contagious disease, or that 
its destruction is necessary in order to suppress or aid in sup- 
pressing such disease, or to prevent such disease, or to prevent 
the spread thereof, specifying the reasons for such necessity. 

§ 65. Regulations and the enforcement thereof. — The commis- 
sioner may prescribe such regulations as in his judgment may 
be thought suited for the suppression or prevention of the 
spread of any such disease, and for the disinfection of all 
premises, buildings, railway cars, vessels, and other objects from 



Commissioner of Agriculture. 413 

or by means of which infection or contagion may take place or 
be conveyed. He may alter or modify, from time to time, as he 
may deem expedient, the terms of all notices, orders and regula- 
tions issued or made by him, and may at any time cancel or 
withdraw the same. He may call upon the sheriff or deputy 
sheriff, to carry out and enforce the provisions of any notice, 
order or regulation which he may make, and all such sheriffs 
and deputy sheriffs shall obey and observe all orders and in- 
structions which they may receive from him in the premises. 
If the commissioner shall quarantine any particular district or 
territory for the purpose of stopping or preventing the spread 
of the disease known as rabies, and if any dog be found loose 
within the said quarantine district in violation of said quaran- 
tine or regulation, any person may kill or cause to be killed such 
dog and shall not be held liable for damages for such killing.. 

§ 6Q. Penalties. — Any person violating, disobeying or disregard- 
ing the terms of any notice, order or regulation, issued or pre- 
scribed by the commissioner under this article, shall forfeit to- 
the people of the state the sum of one hundred dollars for every 
such violation. 

§ 67. Appraiser of condemned animals. — The commissioner of" 
agriculture may appoint and at pleasure remove not more than 
three state appraisers of condemned animals. The persons so 
appointed shall be persons of experience and well acquainted 
with the value of farm animals. They shall receive five dollars 
per day for the time actually employed by order of the commis- 
sioner, and all necessary traveling and other expenses incurred 
in the performance of their duties. 

§ 68. Appraisal of diseased animals. — One of the state apprais- 
ers of condemned animals shall be present at the examination of 
all diseased animals when such examination is conducted under 
this act, for the purpose of determining whether such animals- 
should be slaughtered. Such appraiser shall determine the 
value of each animal directed to be slaughtered. Such value 
shall be the market value of such animals at the time of making 



414 Ninth Annual Retort of the 

such examination, as though the animal were not diseased, but 
the appraisal value of each head of cattle shall not exceed the 
sum of sixty dollars if a thoroughbred, and forty dollars if a 
grade. If the value of the condemned animals determined by 
the appraiser is not satisfactory to the owner of such animals, 
the value shall be determined by arbitrators, one to be ap- 
pointed by the state appraiser, and one by the owner of the 
animals. If such arbitrators are not able to agree as to the 
value of the animals, a third arbitrator shall be appointed by 
them. The value determined by such arbitrator shall be final. 
The costs and expenses of the proceedings before the arbitrators 
shall be paid by the owner of the animals. No cattle claimed to 
be thoroughbred shall be appraised as such unless the owner 
thereof shall furnish to the state appraiser a duly executed 
certificate of registry. Such appraiser of condemned animals 
and the arbitrators appointed under this section may administer 
oaths to and examine witnesses. 

§ 69. Certificate of appraisal. — The appraiser shall execute and 
deliver to the owner of the condemned animals a certificate veri- 
fied by him stating the appraised value of such animals; if such 
value was determined by arbitrators, there shall be attached to 
such certificate a statement of the value so determined signed 
and verified by at leas,t two of the arbitrators. , The form and 
contents of such certificate shall be prescribed by the commis- 
sioner of agriculture. 

§ *70. Post-mortem examination of slaughtered animals. — All 
animals suspected of being tuberculous and slaughtered there- 
for, shall be examined by a medical or veterinary practitioner 
designated Dy the commissioner for the purpose of determining 
whether or not such disease existed in such animals. There 
shall be attached to the certificate of appraisal, a statement 
of the result of such examination, describing the animals found 
to be tuberculous and those which were found not to be tuber- 

* Subsection 2 of section 70 repealed; also Article 4 (Public Health Law) of Chapter 
€61 of the Laws of 1893, as amended by Chapter 674 of the Laws of 1894, and Chapter 
1013 of the Laws of 3895. 



Commissioner of Agriculture. 415 

culous. The form of such statement shall be prescribed by the 
commissioner of agriculture. Such statement shall be verified 
by the veterinary or medical practitioner making the exami- 
nation. 

§ 70a. Compensation to owners of animals destroyed. — The actual 
appraised value at the time they are killed of all animals 
slaughtered under the provisions of this article, which shall be 
found upon a post mortem examination not to have had the 
disease for which they were slaughtered, unless the same were 
killed on account of the violation of quarantine regulations, shall 
be paid to the owners of such animals. The certificate of ap- 
praisal, the statement of the result of the post-mortem exami- 
nation, shall be presented by the owner or his legal representa- 
tives or assigns, to the commissioner of agriculture. The com- 
missioner of agriculture shall issue his order for the amount 
due as shown by such certificate and statement, which shall 
be paid by the state treasurer on the warrant of the comp- 
troller out of moneys appropriated therefor. The board of 
claims shall have exclusive jurisdiction to hear, audit and de- 
termine all claims which shall arise under the provisions of this 
article for compensation for animals slaughtered and to allow 
thereon such sums as should be paid by the state. No compen- 
sation shall be made to any person who has wilfully concealed 
the existence of disease among his animals or upon his premises, 
or who in any way by act or by wilful neglect has contributed 
to spread the disease sought to be suppressed or pre- 
vented, nor for any animal which upon a post-mortem examina- 
tion is found to have the disease on account of which it was 
slaughtered or any dangerously contagious or infectious disease 
that would warrant the destruction of such animal. 

§ 70b. Expenses. — All expenses incurred by the commissioner in 
carrying out the provisions of this article and in performing 
the duties herein devolved upon him shall be audited by the 
comptroller as extraordinary expenses of the department of 
agriculture, and paid out of any moneys in the treasury appro- 
priated for such purposes. 



416 Ninth Annual Report of the 

§ 70c. Federal regulations. — The commissioner of agriculture 
may accept, in behalf of the state, the rules and regulations pre- 
pared and adopted by the commissioner of agriculture or the 
secretary or department of agriculture of the United States, 
under any act of congress for the establishment of a bureau of 
animal industry or to prevent the exportation of diseased cattle 
or to provide means for the extirpation and suppression of 
pleuro-pneumonia and other contagious diseases among do- 
mestic animals and shall co-operate with the authorities of the 
United States in the enforcement of the provisions of any such 
act. 

§70d. Rights of federal inspectors. — The inspectors of the bureau 
of animal industry of the United States shall have the right of 
inspection, quarantine and condemnation of animals affected 
with any contagious, infectious or communicable disease, or sus- 
pected to be so affected or that may have been exposed to any 
such disease, and for such purposes they may enter upon any 
ground or premises; they may call the sheriffs, constables and 
peace officers to assist them in discharge of their duties in carry- 
ing out the provisions of any such act; and all sheriffs, con- 
stables and peace officers shall assist such inspectors when so 
requested, and such inspectors shall have the same powers and 
protection as peace officers, while engaged in the discharge of 
their duties. All animals entering the state, which pass inspec- 
tion by the federal authorities, shall be permitted to proceed to 
place of destination without further inspection under this act. 
This state shall not be liable for any damages or expenses 
caused or made by such inspectors. 

§ 70-e. Slaughtering and selling veal for food. — No person shall 
slaughter, for the purpose of selling the same for food, 
or expose for sale or sell within this state, or bring or cause 
to be brought into any city, town or village within this state 
for food any calf or carcass of the same, or any part thereof 
except the hide, unless it is in good healthy condition and was 
at least four weeks of age at the time of killing. Any person 



Commissioner of Agriculture. 417 

or persons duly authorized by the commissioner of agriculture, 
may examine any calf or veal found within this state offered 
or exposed for sale, or kept with intent to sell as food, and if 
such calf is under four weeks of age, or the veal is from a calf 
killed under four weeks of age, or from a calf in an unhealthy 
condition when so killed, he may seize the same and cause it 
to be destroyed or disposed of in such manner as to make it 
impossible to be thereafter used as food. (Added by chapter 30 
of the Laws of 1902.) 

§ 70-f. Shipping veal. — On and after the passage of this act it 
shall be unlawful for any corporation, partnership, person or 
persons to ship to or from any part of this state any carcass 
or carcasses of a calf or calves or any part of such carcass ex- 
cept the hide, unless they shall attach to every carcass or part 
thereof so shipped in a conspicuous place a tag, that shall stay 
thereon during such transportation, 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. (Added by diopter 30 of the Laws of 1902.) 

§ 70-g. Receiving veal for Shipment by common carriers. — On 
and after the passage of this act,/ no railroad company, ex- 
press company, steamboat company, or other common carrier, 
shall carry or receive for transportation any carcass or car- 
casses of calves, or any part of the same except the hide, unless 
the said carcass or carcasses or parts thereof shall be tagged 
as herein provided. (Added by chapter 30 of the Laws of 1902.) 

"ARTICLE V. 

Sugar Beet Culture. 

Section 71. Commissioner of agriculture to apportion moneys appropriated 
for promotion of sugar beet culture. 

72. Persons, et cetera, to whom moneys may be apportioned. 

73. Statements; inspections, branding of packages. 

74. Inspectors, to be appointed by commissioner. 

75. Weighman, powers and duties. 

76. Apportionment of moneys by commissioners of agriculture. 

* Original article V was made article VI by chapter 500 of the Laws of 1897. 

27 



418 Ninth Annual Report of the 

Section 71. Commissioners of agriculture to apportion moneys 
appropriated for promotion of sugar beet culture. — Money appro- 
priated for the promotion of sugar beet culture by scientific and 
practical experiment shall be apportioned by the commissioners 
of agriculture to the persons, firms, associations or corporations 
entitled thereto, according to the provisions of this article. 

§ 72. Persons, et cetera, to whom moneys may be distributed. — 
Any person, firm, association or corporation, engaged in 
the manufacture of sugar from beets grown in the state of New 
York, upon registration in the office of the commissioner of agri- 
culture, and filing a certificate therein, stating the name of such 
person, firm, association or corporation, the location of the factory, 
and the capacity thereof, and the time when the manufacture of 
sugar began or is to begin, shall be entitled to a distributive share 
of the amount appropriated for the promotion and encouragement 
of sugar beet culture, as provided in this article. No such person, 
firm, association or. corporation shall receive any portion of the 
moneys so appropriated, unless all the beets used in the manufac- 
ture of such sugar are grown within the state of New York, and 
unless the grower received therefor a net sum of not less than five 
dollars per ton, to be delivered at such point as may be agreed 
upon by the grower and the manufacturer, and provided such 
beets are not grown by the manufacturer of such sugar. No 
money shall be distributed to such manufacturers, unless the 
sugar manufactured by them shall contain at least ninety per 
centum of crystallized sugar. The commissioner of agriculture 
may expend such sum or sums as he may deem necessary or ex- 
pedient, not exceeding ten per centum of the amount appropri- 
ated for the purposes of this article, in practical and scientific 
experiments in growing sugar beets in one or more sections of 
this state, for the purpose of determining the adaptability of the 
soil thereof for the production of sugar beets. (As amended by 
chapter 303 of the Laws of 1899.) 

§ 73. Statements; inspections, branding of packages. — The quan- 
tity and quality of sugar upon which said money is to be 



Commissioner op Agriculture. 419 

paid shall be determined by the commissioner of agriculture in 
this state, with whom all claimants shall, from time to time, file 
verified statements showing the quantity and quality of sugar 
manufactured by them, the price paid the producer for beets and 
upon which said money is claimed. The said commissioner shall, 
without uunecessary delay, visit or cause to be visited by such per- 
sons as he shall designate in writing, the factory where said sugar 
has been produced or manufactured, and take such evidence by 
the sworn testimony of the officers or employes of such factory or 
others, as to the amount and quality of sugar so manufactured, 
and the price paid for beets as to him or the person so designated 
by him shall appear satisfactory and conclusive. The sugar so 
manufactured shall be placed by the manufacturer in original 
packages, which shall be examined and branded by the said com- 
missioner or person by him designated, with a suitable brand, 
showing the quantity and the quality of sugar contained in each 
of said packages, of which an accurate account shall be kept by 
said inspector, and filed in the office of the commissioner of agri- 
culture of this state. 

§ 74. Inspectors, to be appointed by commissioner. — It shall 
be the duty of the commissioner of agriculture to appoint a 
resident inspector in each town or city where one or more manu- 
factories of sugar may be located in this state, the aggregate out- 
put of which factories shall exceed two thousand pounds of sugar 
per day, and such examiner shall make such examinations, take 
such evidence and make such records and reports as is specified 
in section two of this act. The compensation or fee for such ser- 
vice of said inspector shall not exceed the sum of twenty-five cents 
for each package so branded, nor the sum of five dollars per day for 
any one day's service, and such resident inspector shall be required 
to give a good and sufficient bond in the sum of not less than two 
thousand dollars to the state of New York, contingent on the faith- 
ful performance of his duties, said bond to be approved by the said 
eommissioner of agriculture. Said fees or compensation, together 
with the cost of said brand and any and all analysis that the said 



420 Ninth Annual Report cf the 

commissioner of agriculture or other authorized inspector shall 
require to be made, shall be borne and paid by the claimant of said 
money. 

§ 75. Weighman, powers and duties. — It shall be the duty 
of the commissioner of agriculture to appoint at each sugar 
manufactory in this state where the output of such manufactory 
shall exceed two thousand pounds of sugar per day, a person who 
shall weigh all beets received by the person or persons, corporation 
or association operating said manufactory. Such person shall be 
known as the weighman, and he shall keep accurate record of all 
duties performed by him. He shall discharge all duties pertaining 
to his position in an impartial manner, and shall furnish the com- 
missioner of agriculture with a good and sufficient bond in the sum 
of two thousand dollars for the faithful discharge of his duties as 
prescribed by this act. The commissioner of agriculture may ap- 
point such person or persons to assist said weighman as the service 
to be performed may require. Each person so appointed shall give 
bond as provided by this section. The weighman shall take into 
his possession, promptly on receipt of beets at such manufactory, 
such samples of beets as he deems fair and equitable, from which 
to remove dirt or other dockage. He shall then promptly weigh 
all beets from which samples have been taken and keep an ac- 
curate record of all weights, and all of such records shall show the 
names of both the seller and the buyer. The weights furnished 
by said weighman shall be accepted by both the seller and the 
buyer, and upon sucn weights so furnished settlement between the 
seller and the buyer shall be made. The compensation or fee al- 
lowed such weighman shall not exceed the sum of five dollars per 
day for time actually employed and for his assistants a sum not to 
exceed three dollars per day for the time actually employed. All 
expenses arising from the duties of said weighman or his assis- 
tants, as prescribed by this act, shall be paid by the person or 
persons, corporation or association operating such manufactory 
where such expense is incurred. The foregoing provisions of 
this section as to weighing shall not apply to such beets as 



Commissioner of Agriculture. 421 

are weighed by agreement of the buyer and seller at the sta- 
tion of shipment, but the weighing in such cases shall be done 
by persons appointed by the commissioner of agriculture and 
the expense of such weighing shall be borne as provided in 
this act. (As amended by chapter 101 of the Lams of 1899.) 

§ 76. Distribution of moneys by commissioner of agriculture. — 
On or before the first day of February in each year the 
commissioner of agriculture shall prepare a detailed statement of 
the quantity of sugar manufactured by each person, firm or associa- 
tion or corporation entitled to receive a portion of the moneys ap- 
propriated for the promotion and encouragement of sugar beet 
culture. He shall apportion to each such person, firm, association 
or corporation the moneys so appropriated according to the 
amount of sugar of the grade described in this article manufac- 
tured by each of them, during the preceding year. One-half 
of one cent a pound shall be paid on account of the sugar so 
manufactured during the season of nineteen hundred and two, 
one-half of one cent a pound shall be paid on account of the 
sugar so manufactured during the season of nineteen hundred 
and three, and one-half of one cent a pound shall be 
paid for the sugar so manufactured during the season 
of nineteen hundred and four. Such commissioner of 
agriculture shall certify to the comptroller the amount 
apportioned to each manufacturer of sugar according to the 
provisions of this article; and the comptroller shall draw his 
warrant upon the state treasurer for the amount so certified, 
payable to the party or parties to whom such apportionment 
was made. (As amended by chapter 240 of the Laws of 1902.) 

§ 2. The sum of fifty thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated out of any moneys 
in the treasury, not otherwise appropriated, to be paid in the 
manner prescribed by article five of the agricultural law, as 
inserted by chapter five hundred of the laws of eighteen hun- 
dred and ninetv-seven and as above amended. Of such amount 



422 Ninth Annual Retort of the 

the commissioner of agriculture may expend such sum or sums 
as he may deem necessary, not exceeding the sum of five thou- 
sand dollars, in promoting by instruction, or otherwise, and en- 
couraging the proper and economic cultivation of sugar beets. 
There shall be paid to the manufacturers of beet sugar, in the 
state of New York, of the moneys hereby appropriated, such 
sum as may be necessary to pay one-half cent a pound on beet v 
sugar manufactured during the season of nineteen hundred and 
two, which sum shall be distributed in accordance with the pro- 
visions of article five of the agricultural law as inserted by 
chapter five hundred of the laws of eighteen hundred and ninety- 
seven and as hereby amended. (Appropriation made by chapter 
240 of the Laics of 1902.) 

* ARTICLE VI. 

Miscellaneous Provisions. 

Section 80. The prevention of diseases among bees. 

81. Proceedings of the agent of the commissioners. 

82. The prevention of disease in fruit trees. 

83. Appointment and duties of the agent of the commissioner of 

agriculture. 

84. Proceedings in case of owner's failure to destroy. 

85. The New York agricultural experiment station. 

86. The state weather bureau. 

i 

S7. The agricultural experiment station at Cornell university. 

88. Receipts and apportionment of state moneys appropriated for 

the promotion of agriculture. 

89. When agricultural societies entitled to additional sums from 

the state. 

90. Annual report of the commissioner of agriculture and state 

society. 

91. Maple sugar and maple syrup. 

92. Maple sugar and maple syrup. 

§ 80. The prevention of diseases among bees. — No person shall 
keep in his apiary any colony of bees affected with a contagious 
malady known as foul brood or black brood; and every bee- 
keeper when lie becomes aware of the existence of either of such 

•This, original article V, was made article VI by chapter 500 of the Laws of 1897. 



Commissioner of Agriculture. 423 

diseases among his bees, shall immediately notify the commis- 
sioner of agriculture of the existence of such disease. (As 
amended by chapter 214 of the Laws of 1902.) 

§ SO-a. Defining honey. — The terms " honey," " liquid or ex- 
tracted honey," " strained honey," or " pure honey," as used in 
this act shall mean the nectar of flowers that has been trans- 
formed by, and is the natural product of the honey-bee, taken 
from the honeycomb and marketed in a liquid, candied or granu- 
lated condition. (Added by chapter 214 of the Laics of 1902.) 

§ SO-b. Relative to selling a commodity in imitation or semblance 
of honey. — No person or persons shall sell, keep for sale, expose 
or offer for sale, any article or product in imitation or semblance 
of honey branded as " honey " " liquid or extracted honey," 
" strained honey " or " pure honey " which is not pure honey. 
No person or persons, firm, association, company or corporation, 
shall manufacture, sell, expose or offer for sale any compound 
or mixture branded or labeled as and for honey which shall be 
made up of honey mixed with any other substance or ingredient. 
There may be printed on the package containing such compound 
or mixture a statement giving the ingredients of which it is 
made; if honey is one of such ingredients it shall be so stated 
in the same size type as are the other ingredients, but it shall 
not be sold, exposed for sale, or offered for sale as honey; nor 
shall such compound or mixture be branded or labeled with the 
word "honey" in any form other than as herein provided; nor 
shall any product in semblance of honey, whether a mixture or 
not, be sold, exposed or offered for sale as honey, or branded or 
labeled with the word " honey," unless such article is pure 
honey. (Added by chapter 214 of the Laics of 1902.) 

§ 81. Duties of the commissioner. — The commissioner of agri- 
culture shall immediately upon receiving notice of the existence 
of foul brood or black brood among the bees in any locality, send 
some competent person or persons to examine the apiary or 
apiaries reported to him as being affected, and all the other 



424 Ninth Annual Report of the 

apiaries in the immediate locality of the apiary or apiaries *o 
reported j if foul brood or black brood is found to exist in them, 
the person or persons so sent by the commissioner of agriculture 
shall give the owners or caretakers of the diseased apiary or 
apiaries full instructions how to treat said cases. The commis- 
sioner of agriculture shall cause said apiary or apiaries to be 
visited from time to time as he may deem best and if, after 
proper treatment, the said bees shall not be cured of the dis- 
eases known as foul brood or black brood then he may cause the 
same to be destroyed in such manner as may be necessary to pre- 
vent the spread of the said diseases. For the purpose of enforce- 
ing this act, the commissioner of agriculture, his agents, em- 
ployees, appointees or counsel, shall have access, ingress and 
egress to all places where bees or honey or appliances used in 
apiaries may be, which it is believed are in any way affected 
with the said disease of foul brood or black brood or where it is 
believed any commodity is offered or exposed for sale in viola- 
tion of the provisions of this act. No owner or caretaker of a 
diseased apiary, honey or appliances shall sell, barter or give 
away any bees, honey or appliances from said diseased apiary, 
which shall expose other bees'to the danger of said diseases, 
nor refuse to allow the said commissioner of agriculture, or the 
person or persons appointed by him to inspect said apiary, honey, 
or appliances, and do such things as the said commissioner «>f 
agriculture or the person or persons appointed by him shall 
deem necessary for the eradication of said diseases. Any person 
who disregards or violates any of the provisions of this section 
is guilty of a misdemeanor and shall be punished by a fine of 
not less than thirty dollars nor more than one hundred dollars, 
or by imprisonment in the county jail for not less than one 
month nor more than two months, or by both fine and imprison- 
ment. (As amended by chapter 214 of the Laics of 1902.) 

§ 82. The prevention of disease in fruit trees and the extirpation 
of insect pests that infest the same. — No person shall knowingly 
or wilfully keep any peach, almond, apricot or nee- 



Commissioner of Agriculture. 425 

tarine trees affected with the contagious disease known as 
yellows. Nor shall any person knowingly or wilfully keep any 
plum, cherry or other trees affected with the contagious disease 
or fungus known as black knot, nor any tree, shrub or plant 
infested with or by the San Jose scale or other insect pest 
dangerously injurious to or destructive of the trees, shrubs 
or other plants; every such tree, shrub or plant shall be a 
public nuisance and as such shall be abated and no damage 
shall be awarded for entering upon premises upon which there 
are trees, shrubs or plants infected with yellows or black knot 
or infested with San Jos£ scale, for the purpose of legally in- 
specting the same nor shall any damage be awarded for the 
destruction by the commissioner of agriculture, or his duly 
authorized agents or representatives of such trees, shrubs or 
plants, or altogether destroying such tree if necessary to sup- 
press such disease, if done in accordance with the provisions 
of this article, except as otherwise herein provided, Every 
person, when he becomes aware of the existence of such disease 
or insect pest in any tree owned by him, shall forthwith report 
the same to the commissioner of agriculture at Albany, New 
York, and the said commissioner shall take such action as the 
law provides. If in the judgment of said commissioner of agri- 
culture or the person or persons representing him the trees,- 
shrubs or other plants so infected, infested or diseased should 
be destroyed, then such destruction shall be carried on and 
completed under the supervision of the commissioner of agri- 
culture or the person or persons duly appointed by him and 
authorized so to do, without unnecessary delay, but the owner 
of the trees, shrubs or plants shall be notified immediately 
upon its being determined that such trees, shrubs or plants 
should be destroyed by a notice in writing signed by said com- 
missioner or the person or persons representing him, which 
said notice in writing shall be delivered in person to the owner 
of such trees, shrubs or plants, or left at the usual place of 
residence of such owner, or if such owner be not a resident 
of the town, by leaving such notice with the person in charge 



426 Ninth Annual Report of the 

of the premises, trees, shrubs or plants or in whose posses- 
sion they may be; such notice shall contain a brief statement 
of the facts found to exist whereby it is deemed necessary 
to destroy such trees, shrubs or plants, and shall call attention 
to the law under which it is proposed to destroy them, and 
the owner shall within ten days from the date upon which 
such notice shall have been received, remove and burn all such 
diseased or infested trees, shrubs or plants. If however, in 
the judgment of the commissioner of agriculture, any trees, 
shrubs or plants infected with any disease or infested with 
dangerously injurious insects can be treated with sufficient 
remedies, he may direct such treatment to be carried out by 
the owner under the direction of the commissioner's agent or 
agents. In cases of objections to the findings of the inspector or 
agent of the commissioner of agriculture an appeal may be made 
to the commissioner of agriculture whose decision shall be final. 
An appeal must be taken within three days from service of said 
notice, and shall act as a stay of proceedings until it is heard 
and decided. When the commissioner of agriculture, or the per- 
son or persons appointed by him, shall determine that any tree 
or trees, shrubs or other plants must be treated or destroyed 
forthwith, he may employ all necessary assistance for that pur- 
pose, and such person or persons, agent or agents, employee or 
employees, may enter upon any or all premises in any city or 
town necessary for the purposes of such treatment, removal or 
destruction. (As amended by chapter 519 of the Laws of 1902.) 

§ 83. Appointment and duties of the agent of the commissioner of 
agriculture. — When the commissioner of agriculture knows or 
has reason to believe that any such contagious disease exists, 
or that there is good reason to believe it exists, or danger is 
justly apprehended of its introduction in any town or city in the 
state, or that any dangerously injurious insect pest exists 
within this state, and has reason to believe that danger may be 
justly apprehended from its existence, he shall forthwith send 
some competent person and such agent or agents as he may 



s 



Commissioner of Agriculture. 427 

•deem necessary to assist extirpating said pest or pests, disease 
or diseases, and the said commissioner of agriculture is hereby 
.authorized and empowered to take such steps and do whatever 
may be deemed necessary to so control or prevent the spread or 
extirpate said pest or pests, disease or diseases, and he shall 
■cause an examination to be made at least once each year, prior 
to September first, of each and every nursery or other place 
where trees, shrubs or plants, commonly known as nursery 
.-stock, are grown for sale, for the purpose of ascertaining 
whether the trees, shrubs or plants therein kept or propagated 
for sale are infected with any such contagious disease or dis- 
eases, or infested with such pest or pests. If after such exami- 
nation it is found that the said trees, shrubs or other plants 
-so examined are free in all respects from any such contagious 
or infectious disease or diseases, dangerously injurious pest or 
pests, the said commissioner or his duly authorized agent or 
other person designated to make such examination, shall there- 
upon issue to the owner or proprietor of the said stock thus 
examined a certificate setting forth the fact that the stock so 
examined is apparently free from any and all such disease or 
diseases, pest or pests. Should any nurseryman, agent or 
dealer or broker send out or deliver within the state, trees, 
vines, shrubs, plants, buds or cuttings, commonly known as 
nursery stock, and which are subject to the attacks of insects 
■and diseases above provided for, unless he has in his possession 
a copy of said certificate, dated within a year thereof, deface 
•or destroy such certificate, or wrongfully be in possession 
of such certificate, he shall be guilty of a misdemeanor. All 
nursery stock consigned for shipment, or shipped by freight, 
■express or other means of transportation, shall be accom- 
panied by a copy of said certificate attached to each car, box, 
bale, bundle or package. Any person consigning for shipment 
or shipping nursery stock as above without such certificate 
attached shall be guilty of a misdemeanor. All transporta- 
tion companies within this state receiving or carrying nursery 
stock from any point without the state to any point within 



42S Ninth Annual Report of the 

the state shall immediately, upon receiving such consignments, 
notify the commissioner of agriculture of the fact that 
such consignment is in their possession, giving the name 
of the consignor and consignee, and the point of destination 
of such . consignment. All trees, plants, shrubs, buds or 
cuttings, commonly called nursery stock, grown in any nursery 
in this state, in which San Jose scale has been found within 
two years of the date of the dissemination of said nursery 
stock or grown in said nursery within one-half a mile of where 
said scale was found, and also all nursery stock from outside 
of this state, disseminated or planted in this state, after the 
first day of July nineteen hundred and two, must be fumigated 
with hydrocyanic gas, in such manner as may be directed by 
the commissioner of agriculture of this state. Such fumiga- 
tion must be done by the grower, consignor or consignee of 
such stock before planting, dissemination or reshipment, except 
such trees, shrubs, plants, buds or cuttings grown in this state 
as are planted by the grower or propagator for himself, or 
such as from its nature or state of growth would be exempt; 
in such cases the said commissioner shall declare such trees, 
shrubs, plants, buds or cuttings free from such treatment. All 
nursery stock brought into this state from outside of this state 
must be accompanied by a certificate from the consignor that 
it has been fumigated as aforesaid. Should any such stock 
arrive without such certificate, the transportation company 
delivering it shall at once notify the said commissioner to that 
effect. The consignee shall also at once notify him of that fact, 
and shall proceed to fumigate said stock, as directed by the 
commissioner of agriculture without delay. Should any 
nursery stock purchased within one year be found infested with 
San Jose" scale on the premises of any nurseryman, it shall 
not be considered such an infestation as to require the fumiga- 
tion of other stock not so purchased. The words " nursery 
stock " wherever used in this article shall apply to and include 
all trees, shrubs, plants, buds, willow grown for nursery, bas- 
kets, or other commercial purposes or cuttings, whether grown 



Commissioner of Agriculture. 429 

in a nursery or elsewhere so far as it relates to fumigation. 
The provisions of this and the preceding section shall not ap- 
ply to florists green house plants, flowers or cuttings commonly 
known as green house stock, and no certificate shall be re- 
quired for shipment of native stock collected in the United 
States, not grown in nurseries, nor to stock so shipped into the 
state that its sale and shipment become either inter-state com- 
merce traffic or commerce with foreign nations. (As amended 
by chapter 519 of the Laics of 1902.) 

Section 81 was repealed by chapter 182 of the Laics of 1898. 

§ 85. The New York Agriculture Experiment Station. — The insti- 
tution known as the New York agricultural experiment station, 
established in the village of Geneva, for the purpose of pro- 
moting agriculture in its various branches by scientific investiga- 
tion and experiment shall continue under the control and man- 
agament of a board of trustees. Such board of trustees shall be 
known as the board of control of the state experiment station 
and shall consist of nine members to be appointed by the gover- 
nor whose term of office shall be three years. The governor shall 
be a member of the board by virtue of his office. Such board of 
control shall annually elect a president from their own number 
and appoint a secretary and treasurer to hold their offices dur- 
ing the pleasure of the board. Such board of control shall have 
general management of the station and shall appoint a director 
to have oversight and management of the experiments and in- 
vestigations which shall be necessary to accomplish the objects 
of said institution, and may employ competent and suitable 
chemists and other persons necessary for carrying on the work 
of the station. Such board shall have the direction of the ex- 
penditure of all moneys appropriated to the institution and annu- 
ally, on or before the first day of December, make a full report 
to the commissioner of agriculture of their proceedings, receipts 
and expenditures, for the year ending with the thirtieth day of 
September then next preceding. No member shall receive any com- 
pensation for his services as such; but shall be paid his necessary 
traveling expenses and those expenses incurred by him by an 



430 Ninth Annual Report of the 

actual attendance upon the meeting of such board. The board 
shall make such rules and regulations, subject to the approval 
of the commissioner of agriculture, as may from time to time- 
become necessary to carry out the objects of the station. Such 
experiment station may, with the consent and approval of the 
commissioner of agriculture, appoint agricultural experts to 
assist such experiment station, in the second judicial depart- 
ment, in conducting scientific investigations and experiments 
in agriculture; in disseminating agricultural knowledge by means- 
of lectures or otherwise; and in preparing and printing for free 
distribution the results of such investigations and experiments, 
and such other information as may be deemed desirable and 
profitable in promoting the agricultural interests of the state. 
Such experts may be removed by such experiment station, in its 
discretion, and may be paid for their services such sum as it 
may deem reasonable and proper and as shall be approved by 
the commissioner of agriculture. All of such work by such 
experiment station and by such experts shall be under the 
general supervision and direction of the commissioner of agri- 
culture. (As amended by chapter 675 of the Laws of 1894.) 

§ 86. The state weather bureau. — The state meteorological 
bureau and weather service, shall hereafter be known as the 
state weather bureau, and shall be under the control and man- 
agement of the commissioner of agriculture. Such commissioner 
may appoint the director of such bureau but such director shall 
not receive any compensation for his services. The commissioner 
may continue the central office and station for meteorological 
observation and experiment upon the grounds of Cornell univer- 
sity, and shall if practicable establish and supervise one or more 
volunteer weather stations in each congressional district of the 
state, in co-operation with the chief of the United States 
weather bureau, for the purpose of increasing the usefulness of 
the weather service of the state and of the United States. The 
sum of four thousand five hundred dollars, or so much thereof 
as the commissioner deems necessary, shall be annually appro- 



Commissioner of Agriculture. 431 

priated to be paid to the commissioner by the treasurer, upon the 
warrant of the comptroller, issued upon the vouchers of the com- 
missioner, for necessary clerical services at such central office, 
for printing and distributing reports of the results and opera- 
tions of such bureau, in such manner as shall be most serviceable 
to the people of the state, and for the purchase, preservation 
and repair of proper and necessary instruments for the work of 
such bureau and for the reasonably necessary traveling and 
incidental expenses of such commissioner and director in the 
performance of their duties, and for such other expenses as 
such commissioner shall deem necessary for the efficient admin- 
istration of such bureau. 

§ 87. The Cornell university and the agricultural experiment 
station at Geneva established by the laws of the state are hereby 
designated as the institutions within this state, entitled to re- 
ceive such portion as the legislature shall determine of the bene- 
fits of the act of the congress of the United States, approved 
March second, eighteen hundred and eighty-seven, entitled "An 
act to establish agricultural experiment stations in connection 
with the colleges established in the several states, under the 
provisions of an act approved July second, eighteen hundred 
and sixty-two, and of the acts supplementary thereto." Such 
benefits of such acts which this state is authorized thereby to 
apply to any college, institution or agricultural experiment sta- 
tion within this state, are applied to the agricultural experiment 
station established under the direction of Cornell university and 
the agricultural experiment station at Geneva, and this state 
consents that such appropriation, money or benefits to or for the 
use of this state, or of any institution within this state, payable 
under or in pursuance of such act of congress, shall be paid 
nine-tenths thereof to the treasurer of Cornell university, the 
officer designated to receive the same, and one-tenth thereof to 
the officers of the agricultural experiment station at Geneva 
designated to receive the same, to be expended as provided in 
such act of congress. Such experiment station shall, annually, 
on or before the first day of December, make, to the commis- 



432 Ninth Annual Report of the 

sioner of agriculture, a full and detailed report of its operations, 
including a statement of its receipts and expenditures for the 
year ending with the thirtieth day of September then next pre- 
ceding. Such experiment station may, with the consent and ap- 
proval of the commissioner of agriculture, appoint horticultural 
experts to assist such experiment station, in the fifth judicial 
department, in conducting investigations and experiments in 
horticulture; in discovering and remedying the disease of plants, 
vines and fruit trees; in ascertaining the best means of fertiliz- 
ing vineyard, fruit and garden plantations, and of making 
orchards, vineyards and gardens prolific; in disseminating horti- 
cultural knowledge by means of lectures or otherwise; and in 
preparing and printing, for free distribution, the results of such 
investigations and experiments, and such other information as 
mav be deemed desirable and profitable in promoting the horti- 
cultural interests of the state. Such experts may be removed 
by such experiment station, in its discretion, and may be paid 
for their services such sum as it may deem reasonable and 
proper, and as shall be approved by the commissioner of agricul- 
ture. All of such work by such experiment station and by such 
experts shall be under the general supervision and direction of 
the commissioner of agriculture. 

§ 2. The treasurer of this state shall keep the account of all 
moneys hereafter received by him in pursuance of such act of 
congress, in a separate fund, to the credit of the Cornell univer- 
sity and the agricultural experiment station at Geneva, in the 
proportion stated in section one of this act, and shall pay all 
such moneys immediately upon the receipt thereof by him to the 
officers respectively designated therein to receive the same, upon 
the warrant of the comptroller, issued upon the order of the 
trustees of Cornell university and the board of control of the 
agricultural experiment station at Geneva, in pursuance of said 
act of congress, which said moneys are hereby appropriated for 
the purposes herein stated. 

§ 3. The sum of eight thousand dollars, or so much thereof as 
may be necessary, is hereby appropriated out of any money in the 



Commissioner of Agriculture. 



433 



treasury not otherwise appropriated, to be paid to the New York 
State Agricultural Experiment Station, at Geneva, for the pur- 
pose of agricultural experiments, investigations, instruction and 
information, in the second judicial department, pursuant to sec- 
tion eighty-five of the agricultural law, and the sum of eight 
thousand dollars, or so much thereof as may be necessary, is 
hereby appropriated out of any moneys in the treasury, not other- 
wise appropriated, to be paid to the agricultural experiment 
station at Cornell university, for the purpose of horticultural ex- 
periments, investigations, instruction and information, in the fifth 
judicial department, pursuant to section eighty-seven of the agri- 
cultural law. Such money shall be paid by the treasurer upon the 
warrant of the comptroller, upon vouchers approved by the com- 
missioner of agriculture. (As amended by chapter 675 of the Laws 
of 1894.) 

•LAWS REPEALED. 



LAWS OF 


Chapter. 


Section. 


1887 


479 


6. 


1891. 


354 


All. 


1892 


511 


All. 


1893 


338 


89. 









§ 88. Receipts and apportionment of moneys for the promotion of 
agriculture. — Of all moneys appropriated for the promotion of 
agriculture in any one year, two thousand dollars thereof shall 
be paid to each of the agricultural societies, agricultural clubs, 
or agricultural expositions which shall have held annual agri- 
cultural fairs, or meetings, during each of the three years next 
preceding such appropriation, except the year nineteen hundred 
and one, during which year no agricultural fair meeting need be 
held, and which shall have paid at each of such annual fairs or 
meetings during such three years, except the year nineteen hun- 
dred and one, the sum of three thousand dollars as premiums 



* These laws were repealed by chapter 675 of the Laws of 1894. 

28 



434 Ninth Annual Report of th 



!■; 



for agricultural interests, exclusive of the premiums j>;i id for 
trials or tests of speed, skill or endurance of man or beast, 
under the conditions and in the manner provided by section 
eightj'-nine of this chapter. Of the balance of all the moneys 
already appropriated, or hereafter appropriated, and all the 
revenues which have been, or shall be received by the comptrol- 
ler, and not distributed as heretofore provided, and all the 
moneys received by him from the tax collected from racing asso- 
ciations pursuant to chapter one hundred and ninety-seven of 
the laws of eighteen hundred and ninety-four, and chapter five 
hundred and seventy of the laws of eighteen hundred and ninety- 
five, and all acts amendatory thereto, or hereafter otherwise 
collected from racing associations, corporations, or clubs, shall 
constitute a fund, which shall be annually disbursed on behalf 
of the state for improving the breed of cattle, sheep, and horses 
at the various fairs throughout the state, and shall be appor- 
tioned and distributed as hereinafter prescribed, among all the 
various county agricultural societies, the American institute of 
the city of New York, and among the other various town or 
other agricultural societies, or agricultural fair associations, or 
agricultural expositions, which have received moneys from the 
state during either one of the three years, eighteen hundred and 
ninety-eight, eighteen hundred and ninety-nine, or nineteen hun- 
dred, under and by virtue of section eighty-eight alone of this 
act; also among any town or other agricultural societies which 
have not received moneys from the state, under and by virtue of 
section eighty-nine of the agricultural law, and which have held 
fairs during the years eighteen hundred and ninety-two, eight- 
een hundred and ninety-three or eighteen hundred and ninety- 
four, and which were entitled to file a report prior to June first, 
eighteen hundred and ninety-five, as provided by section eighty- 
eight of the agricultural law, as amended by chapter eight hun- 
dred and twenty of the laws of eighteen hundred and ninety- 
five, and which have filed further additional reports with the 
commissioner of agriculture, in eighteen hundred and ninety- 
nine or nineteen hundred, as provided by chapter four hundred 



Commissioner of Agriculture. 4o5 

and ninety-four of the laws of eighteen hundred and ninety- 
eight, and by chapter three hundred and thirty-nine of the laws 
of nineteen hundred. Such apportionment and distribution 
shall be made by the commissioner of agriculture in the follow- 
ing manner: The balance of such moneys already appropriated,, 
or hereafter appropriated, shall be apportioned and distributed to 
such county agricultural societies, American institute of the city of 
New York, and the such various town or other agricultural societies, 
or agricultural fair associations, or agricultural expositions, herein- 
before mentioned in proportion to the actual premiums paid during 
the previous year by such agricultural societies, agricultural fair 
associations, agricultural expositions and the American institute of 
the city of New York, exclusive of the premiums paid for trials and 
tests of speed, skill and endurance of man or beast. No such American 
institute of the city of New York, or such county agricultural society 
or such town or other agricultural society, or such agricultural fair 
association or such agricultural exposition, shall receive any more 
moneys under the provisions of this act, in any one year, than it 
actually paid out in premiums the next preceding year, exclusive of 
the premiums paid for trials, or tests of speed, skill or endurance of 
man or beast, and in no event shall any such American institute of 
the city of New York, or such county agricultural society, or such 
town or other agricultural society, or such agricultural fair associa- 
tion, or such agricultural exposition, receive under the provisions of 
this act, in any one year for premiums hereafter to be paid by 
any society, association or exposition, any sums of money ex- 
ceeding four thousand dollars. Any such county agricultural 
society, town or other agricultural society, or agricultural 
fair association, or agricultural exposition, organized un- 
der the laws of the state of New York, which shall 
fail or neglect to hold annual fairs, and file their 
annual reports as provided by this act, with the com- 
missioner of agriculture, as herein provided, for two consecu- 
tive years shall forfeit all of their chartered rights, including 
any privileges or moneys they might thereafter otherwise be 
entitled to under the provisions of this act. All agricultural; 



436 Ninth Axxual Keport of the 

societies, agricultural fair associations, agricultural expositions, 
or the American institute of the city of New York, entitled to 
receive any portion of the moneys appropriated by the state 
must hereafter, on or before the fifteenth day of December, in 
each year file a statement, duly verified by the president and 
treasurer, showing the amount of premiums paid at the last 
annual fair, exclusive of premiums paid for trials or tests of 
speed, skill or endurance of man or beast, which statement 
together with vouchers for moneys paid as premiums shall be 
filed in the office of the commissioner of agriculture, otherwise 
such society, fair association, exposition, or the American insti- 
tute of the city of New York, shall forfeit its right to participate 
in the distribution of such moneys for premiums paid for such 
year. Any such agricultural society, agricultural club, agricul- 
tural fair association, or agricultural exposition receiving the 
sum of two thousand dollars under the provisions of section 
eighty-nine of this act, shall not receive any other portion of the 
money appropriated for the promotion of agriculture. No other 
agricultural society now or hereafter organized which is not 
entitled to receive moneys under the agricultural law as hereby 
amended, except a county agricultural society, shall be entitled 
to receive any moneys under the provisions of this act, until it 
shall have first filed annual reports in the office of the commis- 
sioner of agriculture, as hereinbefore provided, and paid in 
actual cash premiums for agricultural, mechanical and domestic 
products at least fifteen hundred dollars a year for three suc- 
cessive years, exclusive of the premiums paid for trials, or tests 
of speed, skill or endurance of man or beast. When any such 
other agricultural society has filed such annual reports and paid 
such premiums for three successive years as herein provided, 
and to the satisfaction of the commissioner of agriculture, then 
the said commissioner of agriculture may thereafter allow such 
society to draw moneys under, and by virtue of the provisions 
of this act. Any agricultural society, agricultural club or agri- 
cultural exposition which shall knowingly permit any immoral, 
lewd, obscene or indecent show or exhibition, use, or knowingly 



Commissioner op Agriculture. 437 

permit the use of any gambling device, device, instrument or 
contrivance in the operation of which bets are laid or wagers 
made, wheel of fortune, or the playing or carrying on of any 
game of chance, upon the grounds used by it for, or during, an 
annual meeting, fair or exhibition, shall thereupon forfeit its 
rights to any moneys it would or might be entitled to receive 
under the provisions of this act; and it shall be the duty of the 
president and secretary, or treasurer of every agricultural 
society, agricultural club, or agricultural exposition entitled to 
receive money under the provisions of this act, to certify, in 
their annual report to the commissioner of agriculture executed 
under oath, on or before the fifteenth day of December, in each 
year, that at the last annual meeting, fair or exhibition held by 
or under the direction of such society, club or exposition, it did 
not knowingly permit any immoral, lewd, obscene or indecent 
show or exhibition by whatever name known, or use or know- 
ingly permit the use of, any gambling device, device, instrument 
or contrivance in the operation of which bets were laid or wagers 
made, any wheel of fortune, or the playing or carrying on of any 
game of chance, upon the grounds used by it for, or during such 
last annual meeting, fair or exhibition, which report shall be 
filed in the office of commissioner of agriculture. If the presi- 
dent and secretary or treasurer of any agricultural society, agri- 
cultural club or agricultural exposition, entitled to receive 
moneys under the provisions of this act, shall neglect or refuse 
to make and file such certificate, such society, club or exposition 
shall thereupon be deemed to have forfeited all its rights to 
any moneys it might otherwise be entitled to receive under this 
act for such year, but this shall not be construed to prohibit 
horse racing or tests or trials of skill. 

§ 2. This act shall take effect immediately, except that all 
moneys apportioned and distributed before October first, nine- 
teen hundred and one, to the several agricultural societies, fair 
associations, agricultural expositions, and the American insti- 
tute of the city of New York herein mentioned and described for 
premiums paid in the year nineteen hundred shall be on the 



438 Ninth Annual Report of the 

same basis as provided by chapter three hundred and thirty-nine 
of the laws of nineteen hundred. (As amended by chapter 144 of 
tlw Laivs of 1901.) 

§ 88-a. Of all the money appropriated in the regular appro- 
priation bill during any one year by the legislature for distribu- 
tion among the agricultural societies by the commissioner of 
agriculture, the said commissioner may distribute to the agri- 
cultural societies entitled to partake thereof an amount to each 
one on or after the first dav of October, in the said vear, from 
the moneys due said society not to exceed fifty per centum of 
the amount of premiums paid by the said society at its annual 
fair held during said year. Any balance or balances shall be 
distributed as provided by section eighty-eight of the agricul- 
tural law. (Added by chapter 521 of the Laics of 1902.) 

§ 89. Distribution of money appropriated for certain agricul- 
tural societies. — Whenever in any year there shall be appro- 
priated the sum of twenty thousand dollars or more for the benefit 
of the several agricultural societies, clubs or expositions of the 
State, two thousand dollars of such amount shall be paid to every 
such society, club or exposition, which shall have held annual fairs 
or meetings during each of the three years next preceding such 
appropriation and which shall have paid at each of such annual 
fairs or meetings, during such three years, the sum of three thou- 
sand dollars as premiums for agricultural interests, exclusive of 
the premiums paid for trials or tests of speed, skill or endurance 
of man or beast. Such society, club or exposition shall annually 
before the first day of December in each year file in the office of 
the commissioner of agriculture a statement, verified by its presi- 
dent and treasurer, showing the payment of such premiums, with 
the amount and object thereof, together with the name of the 
persons to whom they were paid. A similarly verified duplicate 
of such statement shall be filed in the office of the comptroller. 
There shall at the same time be filed in the office of the comp- 
troller a written offer to the effect that such society, club or ex- 
position will act as the agent of the State for the distribution 



Commissioner of Agriculture. 439 

and payment of the money so appropriated as premiums at its 
annual fair or meeting for the promotion of agricultural inter- 
ests, together with a bond executed to the people of the State, 
signed in its name by the president and treasurer thereof, in 
such amount and with such sureties as the comptroller shall 
approve, conditioned for the faithful performance of its duties 
as such agent. Any such society, club or exposition receiving 
such sum of two thousand dollars as herein provided shall not 
receive any portion of the moneys collected from racing associa- 
tions or moneys already appropriated for the benefit of county 
agricultural societies. (As amended by chapter 5S7 of the Laws 
of 1895.) 

§ 90. Annual report to the commissioner of agriculture and state 
society. — The president and treasurer of any agricultural society 
which receives any money of the state or acts as the agent of 
the state in the distribution of money of the state as premiums, 
shall annually before the fifteenth of December, transmit to the 
commissioner of agriculture a detailed account of the expendi- 
ture or distribution of all such moneys as shall have come into 
their hands during the preceding year, and of such other moneys 
as they may have received from voluntary contributions for dis- 
tribution as premiums, stating to whom, and for what purpose 
paid, with the vouchers therefor. The presidents of the several 
county societies and of the American institute shall annually 
transmit in the month of December, to the executive committee 
of the New York state agricultural society, all such reports or 
returns as they are required to demand from applicants, for pre- 
miums, together with an abstract of their proceedings during 
the year which shall be examined by such executive committee, 
and that they shall condense, arrange and report the same, with 
a statement of their own proceedings to the legislature on or 
before the first day of March in each year. 

§ 91. (1) No person shall manufacture for sale, keep for sale, 
or offer or expose for sale, any sugar in imitation or semblance 
of maple sugar which is not pure maple sugar, nor any syrup in 

i 



440 Ninth Annual Retort of the 

imitation or semblance of maple syrup, which is not pure maple 
syrup, nor shall any person manufacture, offer or expose for 
sale any sugar as and for maple sugar which is not pure maple 
sugar, nor any syrup as and for maple syrup which is not pure 
maple syrup. 

(2) For the purpose of this act the term " maple sugar " shall 
be deemed to mean sugar made from pure maple sap or pure 
maple syrup, and the term " maple syrup " shall be deemed to 
mean syrup made from pure maple sap. (As amended by chapter 
194 of the Laics of 1898.) 

§ 92. No person shall manufacture, sell or expose for sale, any 
compound or mixture as and for sugar which shall be made up 
of maple sugar mixed with any other sugar or any other sub- 
stance without branding or labeling the said sugar with a state- 
ment giving the ingredients of which it is made up. No person 
shall manufacture, sell, expose for sale, or offer for sale any com- 
pound or mixture as syrup which shall be made up of maple 
syrup mixed with any other syrup or ingredient without brand- 
ing or labeling said syrup with a statement giving the ingre- 
dients of which it is made up. This shall not be construed to 
apply to a s}*rup or syrups manufactured and sold for medicinal 
purposes only. (Added by chapter 194 of the Laics of 1898.) 

* ARTICLE VII. 

Laws Repealed. 

Section 100. Laws repealed. 

101. When to take effect 

Schedule of laws repealed. 

§ 100. Laws repealed. — Of the laws enumerated in the schedule 
hereto annexed, that portion specified in the last column is re- 
pealed. 

§ 101. When to take effect. — This chapter shall take effect im- 
mediately. 

•Article VI was made article VII by chapter 500 of the Laws of 1898. 



Commissioner of Agriculture. 



441 



SCHEDULE OF LAWS REPEALED. 



REVISED STATUTES. 


Sections. 


Part 1, 


chapter 17, title 3. . 




1-4. 










LAWS OF 


1 
Chapter. 

1 


Sections. 


1841 


1 
169 


All, except S! 3 and 6. 


1844 


336 


All. 


1848 


299 


All, except §§ 3 and 6. 


1869 


167 


All. 


1878 


134 


All. 


1879 


306 


All. 


1880 


592 


All. 


1881 


300 


All. 


1882 


215 


All. 


18S2 


238 


All. 


1882 


246 


All. 


1883 


13 


All. 


18S4 . . 


202 


All. 


1884 


418 


All. 


1884 


474 


All. 


1885 


183 


All, except 5 26. 


1885 


283 


All. 


1885 


127 


All. 


1885 


458 


All. 


1886 


280 


All. 


1886 


577 


All, except that part of 


1887 


155 


§ 6 designated as 8 24. 
All. 


1887 


223 


All. 


1887 


403 


All. 


1887 


430 


All. 


1S87 


475 


All. 


1887 


562 


All. 


1887 


583 


All. 


188S 


286 


All. 


1888 


298 


All. 


188S 


520 


All. 


1888 


550 


All. 


1889 . 


24 


All. 


1889 


148 


All. 


1889 


515 


All. 


1889 


538 


All. 


1890 


8 


All. 


1891 


140 


All. 


1891 


354 


1, 2. 


1892 


501 


All. 


1892 


707 


All. 




1 





442 Ninth Annual Report of the 

* ARTICLE VIII. 

Section 110. State manufacturer and the dealer in original packages to file 
certificate with commissioner of agriculture. 

111. Certificate to be given by commissioner of agriculture to state 

manufacturer and dealer in original packages. 

112. Composition of paris green. 

113. Paris green to be analyzed at experiment station. 

114. Penalty for violations. 

Section 110. State manufacturer and the dealer in original 
packages to file certificate with commissioner of agriculture. — 
After the passage of this act it shall be the duty of each and 
every manufacturer of paris green within this state, and of every 
dealer in original packages of paris green manufactured outside 
of this state, before the said paris green is offered or exposed 
for sale or sold within this state, to submit to the commissioner 
of agriculture a written or printed statement setting forth: first, 
the brands of paris green to be sold, the number of pounds con- 
tained in each package in which it is put upon the market for 
sale, the name or names of the manufacturers and the place of 
manufacturing the same; second, the statement shall set forth 
the amount of arsenic which the said paris green contains, and 
the statement so furnished shall be considered as constituting 
a guarantee to the purchaser that every package of such paris 
green contains not less than the amount of arsenic set forth in 
the statement. 

§ 111. Certificate to be given by the commissioner of agriculture 
to state manufacturer and dealer in original packages. — Every 
purchaser of paris green in original packages, which is man- 
ufactured outside of this state, who intends to sell or expose 
the same for sale, and every manufacturer of paris green within 
this state shall, after filing the statement above provided for, 
with the commissioner of agriculture, receive from the said com- 
missioner of agriculture, a certificate stating that he has com- 
plied with the foregoing statement, which certificate shall be fur- 
nished without any charge therefor; said certificate when fur- 

♦Article VIII was enacted by chapter 113 of the Laws of 1898. 



Commissioner of Agriculture. 443 

nished shall authorize the party receiving the same to deal in 
this state in paris green. Any person who fails to file the state- 
ment aforesaid shall not be entitled to such certilicate and shall 
not be entitled to deal in paris green within this state; nothing 
in this section shall be construed as applying to retail dealers. 

§ 112. Composition of paris green or analogous products. — 
Paris green, or any product analogous to it, when sold, offered 
or exposed for sale, as such, in this state, shall contain at least 
fifty per centum of arsenious oxide. 

§ 113. Paris green to be analyzed at experiment station. — The 
director of the New York state agricultural experiment station, 
at Geneva, shall, under the direction of the commissioner of agri- 
culture, examine, or cause to be examined, the different brands of 
paris green, sold, offered or exposed for sale, within the state, 
and cause samples of the same to be analyzed, and shall report 
the result of the analysis forthwith to the commissioner of agri- 
culture. 

§ 114. Penalty for violations. — Any person or persons, firm, as- 
sociation, company or corporation violating any of the provisions 
of this act, shall be guilty of a misdemeanor, and shall be fined 
not less than fifty dollars nor more than two hundred dollars; 
and in addition thereto shall forfeit and pay unto the people of 
the state of New York the sum of one hundred dollars, together 
with the costs of the suit in an action caused to be brought by 
the commissioner of agriculture in the name of the people of the 
state of New York, as provided by section eight of the agricul- 
tural law. 

* ARTICLE IX. 

Sale and Analysis of Concentrated Commercial Feeding- 

Stuffs. 

Section 120. Term "concentrated commercial feeding stuffs" defined. 

121. Statements to be attached to packages; contents; analysis. 

122. Statements to be filed with director of agricultural experi- 

ment station; to be accompanied by sample. 



"Article IX was enacted by chapter 510 of the Laws of 1899. 



411 Ninth Annual Retort of the 

Section 123. License fee. 

124. Analysis to be made by director of experiment station; 

samples to be taken for analysis. 

125. Penalty for violation of article. 

126. Sale of adulterated meal or ground grains; penalty. 

127. Violation to be reported to the commissioner of agriculture. 

§ 120. Term " concentrated commercial feeding stuffs " denned. — 
The term "concentrated commercial feeding stuff " as used in 
this article, shall include linseed meals, cottonseed meals pea- 
meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, 
starch feeds, sugar feeds, dried brewer's grains, malt sprouts, 
hominy feeds, cerealine feeds, rice meals, oat feeds, corn and oat 
chops, ground beef or fish scraps, mixed feeds, and all other 
materials of similar nature; but shall not include hays and 
straw, the whole seeds nor the unmixed meals made directly 
from the entire grains of wheat, rye, barley, oats, Indian corn, 
buckwheat, and broom corn. Neither shall it include wheat, 
rye and buckwheat brans or middlings, not mixed with other 
substances, but sold separately, as distinct articles of commerce, 
nor pure grains ground together. 

§ 121. Statements to be attached to packages; contents; analysis. — 
Every manufacturer, company or person who shall sell, offer or 
expose for sale or for distribution in this state any concentrated 
commercial feeding stuff, used for feeding farm live stock, shall 
furnish with each car or other amount shipped in bulk and shall 
affix to every package of such feeding stuff in a conspicuous place 
on the outside thereof, a plainly printed statement clearly and 
truly certifying the number of net pounds in the package sold or 
offered for sale, the name or trade mark under which the article 
is sold, the name of the manufacturer or shipper, the place of 
manufacture, the place of business and a chemical analysis 
stating the percentages it contains of crude protein, allowing one 
per centum of nitrogen to equal six and one-fourth per centum 
of protein, and of crude fat, both constituents to be determined 
by the methods prescribed by the director of the New York 
Agricultural Experiment Station. Whenever any feeding stuff 



Commissioner op Agriculture. 445 

is sold at retail in bulk or in packages belonging to the pur- 
chaser, the agent or dealer, upon request of the purchaser shall 
furnish to him the certified statement named in this section. 

§ 122. Statements to be filed with director of agricultural experi- 
ment station; to be accompanied by sample. — Before any manufac- 
turer, company or person shall sell, offer or expose for sale 
in this state any concentrated commercial feeding stuffs, he or 
they shall for each and every feeding stuff bearing a distin- 
guishing name or trade mark, file annually during the month of 
December with the director of the New York Agricultural Ex- 
periment Station a certified copy of the statement specified in 
the preceding section, said certified copy to be accompanied, 
when the director shall so request, by a sealed glass jar or bottle 
containing at least one pound of the feeding stuff to be sold or 
offered for sale, and the company or person furnishing said sam- 
ple shall thereupon make affidavit that said sample corresponds 
within reasonable limits to the feeding stuff which it represents, 
in the percentage of protein and fat which it contains. 

§ 123. License fee. — Each manufacturer, importer, agent or 
seller of any concentrated commercial feeding stuffs, shall pay 
annually during the month of December to the treasurer of the 
New York Agricultural Experiment Station a license fee of 
twenty-five dollars for each and every brand sold or offered 
for sale. Whenever a manufacturer, importer, agent or seller 
of concentrated commercial feeding stuffs desires at any time 
to sell such material and has not paid the license fee there- 
for in the preceding month of December, as required by this sec- 
tion, he shall pay the license fee prescribed herein before mak- 
ing any such sale. The amount of license fees received by such 
treasurer pursuant to the provisions of this section shall be paid 
by him to the treasurer of the state of New York. The treas- 
urer of the state of New York shall pay from such amount when 
duly appropriated the moneys required for the expense incurred 
in making such inspection required by this section and enforcing 
the provisions thereof. The board of control of the New York 



44G Ninth Annual Report op the 

Agricultural Experiment Station shall report annually to the 
legislature the amount received pursuant to this article, and the 
expense incurred for salaries, laboratory expenses, chemical sup- 
plies, traveling expenses, printing and other necessary matters. 
Whenever the manufacturer, importer or shipper of concen- 
trated commercial feeding stuff shall have filed the statement 
required by section one hundred and twenty-one of this article 
and paid the license fee as prescribed in this section, no agent 
or seller of such manufacturer, importer or shipper shall be re- 
quired to file such statement or pay such fee. (As amended by 
chapter 79 of the Laws of 1900.) 

§ 124. Analysis to be made by director of experiment station; 
samples to be taken for analysis. — The director of the New York 
experiment station shall annually analyze, or cause to be ana- 
lyzed, at least one sample to be taken in the manner hereinafter 
prescribed, of every concentrated commercial feeding stuff sold 
or offered for sale under the provisions of this act. Said direc- 
tor shall cause a sample to be taken, not exceeding two pounds in 
weight, for said analysis, from any lot or package of such com- 
mercial feeding stuff which may be in the possession of any 
manufacturer, importer, agent or dealer in this state; but said 
sample shall be drawn in the presence of the parties in interest, 
or their representatives and taken from a parcel or a number of 
packages, which shall not be less than ten per centum of the 
whole lot sampled, and shall be thoroughly mixed, and then 
divided into equal samples, and placed in glass vessels, and care- 
fully sealed and a label placed on each, stating the name of the 
party from whose stock the sample was drawn and the time and 
place of drawing, and said label shall also be signed by the per- 
son taking the sample, and by the party or parties in interest or 
their representative at the drawing and sealing of said samples; 
one of said duplicate samples shall be retained by the director 
and the other by the party whose stock was sampled; and the 
sample or samples retained by the director shall be for compari- 
son with the certified statement named in section one hundred 



Commissioner of Agriculture. 447 

and twenty-two of this article. The result of the analysis of the 
sample or samples so procured, together with such additional 
information as circumstances advise, shall be published in re- 
ports or bulletins from time to time. 

§ 125. Penalty for violation of article. — Any manufacturer, im- 
porter, or person who shall sell, offer or expose for sale or for 
distribution in this state any concentrated commercial feeding 
stuff, without complying with the requirements of this article, 
or any feeding stuff which contains substantially a smaller per- 
centage of constituents than are certified to be contained, shall, 
on conviction in a court of competent jurisdiction, be fined not 
more than one hundred dollars for the first offense, and not 
more than two hundred dollars for each subsequent offense. 

§ 126. Adulterated meal or ground grain, penalty. — Any person 
who shall adulterate any kind of meal or ground grain with 
milling or manufacturing offals, or any other substance what- 
ever, for the purpose of sale, unless the true composition, mix- 
ture or adulteration thereof is plainly marked or indicated upon 
the package containing the same or in which it is offered for 
sale; or any person who knowingly sells, or offers for sale any 
meal or ground grain which has been so adulterated unless the 
true composition, mixture or adulteration is plainly marked or 
indicated upon the package containing the same, or in which it 
is offered for sale, shall be fined not less than twenty-five or 
more than one hundred dollars for each offense. 

§ 127. Violation to be reported to the commissioner of agricul- 
ture.— Whenever the director becomes cognizant of the violation 
of any of the provisions of this article, he shall report such 
violation to the commissioner of agriculture, and said commis- 
sioner of agriculture shall prosecute the party or parties thus 
reported; but it shall be the duty of said commissioner upon 
thus ascertaining any violation of this article, to forthwith 
notify the manufacturer, importer or dealer in writing and give 
him not less than thirty days thereafter in which to comply 



448 Ninth Annual KEroRT of the 

with the requirements of this article, but there shall be no 
prosecution in relation to the quality of any concentrated com- 
mercial feeding stuff if the same shall be found substantially 
equivalent to the certified statement named in section one hun- 
dred and twenty-two of this article. 

§ 2. This act shall take effect December first, eighteen hun- 
dred and ninety-nine. 

* ARTICLE X. 

STATE FAIR. 

Section 140. Property in town of Geddes, Onondaga county, New York. 

141. State fair commission. 

142. State fair. 

143. Superintendent of state fair; assistants and employees. 

144. Receipts and disbursements. 

145. Expenses of commission. 

146. State and local agricultural fairs not to be held at same time. 

Premiums for county or town agricultural association 
exhibits. 

Section 140. Property in town of Geddes, Onondaga county. — 
The conveyance to the state by the New York State Agricul- 
tural Society of its property in the town of Geddes, Onondaga 
county, New York, by deed dated July twenty-eight, eighteen 
hundred and ninety-nine, and recorded in the office of the comp- 
troller, is hereby accepted, ratified and confirmed. Such prop- 
erty, and any other property hereafter acquired by the state for 
state fair purposes shall be under the management and control 
of the state fair commission as hereinafter provided, and it may, 
from time to time, make rules and provide for the care, preser- 
vation and improvement thereof. 

§ 141. State fair commission. — The state fair commission shall 
consist of eleven members, of whom the lieutenant-governor and 
the commissioner of agriculture shall ex officio constitute two. 
The remaining nine members of such commission shall be ap- 
pointed by the governor, one of whom shall be a member of the 

•Article X was enacted by chapter 346 of the Laws of 1900. 



Commissioner of Agriculture. 449 

New York State Grange, one a member of the New York State 
Association of County Agricultural Societies, and one a member 
of the Union Association of Agricultural Societies. Of the nine 
members first appointed hereunder, three shall hold for a term 
of one year, three for a term of two years and three for a term of 
three years. Their successors shall each be appointed for a term 
of three years. In case of a vacancy in the office of the mem- 
bers appointed from the societies or associations above men- 
tioned, their successors shall be appointed from the same soci- 
eties or associations. 

§ 142. State fair. — It shall be the duty of the said commission 
to hold a state fair at such times as it may deem proper, and 
between January first and February fifteenth in each calendar 
year to publish the time of holding said fair in such year. It 
shall not be lawful for any corporation, association or individual 
to hold or conduct any trotting or pacing race or races during 
the week in which the state fair is held except upon half mile 
tracks, and except at the fairs held by agricultural societies 
which have received moneys from the state, and no corporation, 
association or individual holding such races during said week 
shall be entitled to any of the benefits conferred by chapter five 
hundred and seventy of the laws of eighteen hundred and ninety- 
five and any acts amendatory thereof or by any general or 
special law. Such commission may make, alter, suspend or re- 
peal needed rules relating to such fair, including the times and 
duration thereof, the terms and conditions of entries and admis- 
sions, exhibits, sale of privileges, payment of premiums, and any 
other matters which it may deem proper in connection with such 
fair. It shall furnish to each person who on the seventeenth 
day of January, nineteen hundred was a life member of the state 
agricultural society, a free admission to the fair ground during 
the fair of each year during the life of such member. 

§ 2. The acts of the state fair commission in fixing the time 
of holding the state fair for the year nineteen hundred and two, 
and in publishing such time are hereby legalized, ratified and 
29 



450 Ninth Annual Report of the 

confirmed, and shall be of the same force and effect as if such 
time had been fixed and published during the period between 
January first and February fifteenth, nineteen hundred and two. 
(As amended by chapter 2G3 of the Laics of 1902.) 

§ 143. Superintendent of state fairs; assistants and employes. — 
The state fair commission may appoint a superintendent of 
the state fair and such other assistants and employes as they 
may deem necessary. It may prescribe their duties and fix their 
compensation. Such superintendent, assistants and employes 
shall be subject to removal at the pleasure of such commission. 

§ 144. Receipts and disbursements. — The commission shall re- 
ceive all moneys payable to the state on account of said fair, 
and make all disbursements therefrom and also from any appro- 
priation made for that purpose by the legislature as may be 
needed, from time to time, in carrying on the work of the com- 
mission. At the close of each fair, the commission shall pay to 
the state treasurer any balance remaining in its hands received 
in connection with the state fair, and at the same time deliver 
to the comptroller an itemized verified report showing all receipts 
and disbursements for state fair purposes since the last report. 

§ 145. Expenses of commission. — The commission shall receive 
no compensation for their services, but shall be entitled to re- 
ceive the actual and necessary expenses incurred by them in the 
performance of their duties, to be paid on the certificate of the 
commissioner of agriculture and the audit and warrant of the 
comptroller. 

(Section 146 icas repealed by chapter 31 of the Laics of 1902.) 



Commissioner of Agriculture. 451 

CHAPTER 821. 

AN ACT to amend the executive law, relating to the duties and 
powers of the attorney-general. 

Became a law May 29, 1895, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Subdivisions one and two of section fifty-two of the 
executive law, is hereby amended to read as follows: 

1. Prosecute and defend all actions and proceedings in which 
the State is interested, and have charge and control of all the legal 
business of the departments and bureaus of the State, or of any 
office thereof which requires the services of attorney or counsel, in 
order to protect the interests of the State, but this section shall not 
apply to any of the military department bureaus or military offices 
of the State. 

2. Whenever required by the governor, attend in person, or by 
one of his deputies, a court of oyer and terminer or appear before 
the grand jury thereof for the purpose of managing and conducting 
in such court or before such jury such criminal actions or proceed- 
ings as shall be specified in such requirement; in which case the 
attorney-general or his deputy so attending shall exercise all the 
powers and perform all the duties in respect of such actions or 
proceedings, which the district attorney would otherwise be 
authorized or required to exercise or perform; and in any of such 
actions or proceedings the district attorney shall only exercise 
such powers and perform such duties as are required of him by 
the attorney-general or the deputy attorney-general so 
attending. 

§ 2. Section 55 of said executive law is hereby amended to read 
as follows: 

§ 55. Additional counsel. — The governor, or attorney-general 
may designate and employ such additional attorneys or counsel 
as may be necessary to assist in the trans/action of any of the legal 
business mentioned in section fifty-two of this act and such attor- 



452 Ninth Annual Report of the 

neys or counsel shall be paid from the treasury a reasonable fee 
upon the certificate of the governor and attorney-general, the 
amount thereof to be audited and allowed by them or may be paid 
by the attorney-general out of the costs recovered by him. 
§ 3. This act shall take effect immediately. 

People v. Belknap, 58 Hun, 241. 
People v. Lamb, 85 Id. 171. 



CHAPTER 412. 



AN ACT to prevent the adulteration of and deception in the sale 

of linseed or flaxseed oil. 

Became a law April 22, 1898, with the approval of the Governor. Passed, 

a majority being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. No person, firm or corporation shall manufacture 
or mix for sale, sell, or offer for sale, under the name of raw lin- 
seed oil, any article which is not wholly the product of com- 
mercially pure linseed or flaxseed. Nor shall any person, firm or 
corporation manufacture or mix for sale, sell, or offer for sale, 
under the name of boiled linseed oil, any article, unless the oil 
from which said article is made be wholly the product of com- 
mercially pure linseed or flaxseed, and unless the same has been 
heated to at least two hundred and twenty-five degrees Fahren- 
heit. 

2. Nothing in this act shall be construed as prohibiting the sale 
or manufacture of any compound of linseed or flaxseed oil; pro- 
vided, that such compound, if it imitates in appearance and is 
designed to take the place of linseed or flaxseed oil, shall not 
be manufactured or mixed for sale, sold or offered for sale, under 
a name or description containing the words "linseed oil" or 
"flaxseed oil." 



Commissioner op Agriculture. 453 

3. Any person, firm or corporation who shall violate any of 
the provisions of this act, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be punished, for each 
and every such violation, with a fine of not less than fifty dol- 
lars nor more than five hundred dollars; and in default of the 
payment of such fine shall be committed to the county jail for a 
period of not less than thirty days. 

4. It shall be the duty of the commissioner of agriculture to 
enforce the provisions of this act. The said commissioner and 
his assistants, experts and chemists, and others appointed by him, 
shall have access, ingress and egress to and from all places of 
business and buildings where linseed or flaxseed oil is kept for 
sale or stored. They shall also have the power and authority 
to open any tank, barrel, can or other vessel containing such oil, 
and may inspect the contents thereof, and take samples there- 
from for analysis. 

5. Any person, firm or corporation who shall violate any of the 
provisions of this act shall, in addition to the fines herein pre- 
viously described, for each offense forfeit and pay a fixed penalty 
of one hundred dollars. Such penalty shall be recovered, with 
costs, in any court of the state having jurisdiction thereof, in an 
action to be prosecuted in the name of the people, by the commis- 
sioner of agriculture, or any of his assistants, and shall be de- 
voted to the payment of the expenses of the department of said 
commissioner. In any action commenced in the supreme court 
for the recovery of such penalties, an application may be made 
on the part of the plaintiff to said court or any justice thereof 
for an injunction to restrain the defendant, his agents, servants 
and employes, from the further violation of this act during the 
pendency of the action, and it shall be the duty of such court or 
justice to grant the injunction, in the same manner as injunc- 
tions are usually granted under the rules and practice of such 
court, upon proof by affidavits that the defendant has been guilty 
of such violation, either before or after the commencement of 
the action. In case the plaintiff shall recover judgment for the 
penalty or penalties demanded in the complaint, the judgment 



454 Ninth Annual Report of the 

shall contain a permanent injunction, restraining the defendant,, 
his agents, servants and employes, from any further violation- 
of the section or sections on which the recovery is obtained. 
6. This act shall take effect immediately. 



CHAPTER 337. 



AN ACT to amend the domestic commerce law, in relation to 
the size of apple, pear, quince and potato barrels. 

Became a law, April 2, 1902, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as follows: 

Section 1. Section nine of chapter three hundred and seventy- 
six of the laws of eighteen hundred and ninety-six, entitled "An 
act relating to domestic commerce law, constituting chapter 
thirty-four of the general laws," as amended by chapter three 
hundred and seventeen of the laws of eighteen hundred and 
ninety-nine, is hereby amended to read as follows: 

§ 9. Barrels of apples, quinces, pears and potatoes. — A barrel 
of pears, quinces or potatoes shall represent a quantity equal 
to one hundred quarts of grain or dry measure. A barrel of 
apples shall be of the following dimensions: head diameter, 
seventeen and one-eighth inches; length of stave, twenty-eight 
and one-half inches; bulge, not less than sixty-four inches out- 
side measurement, to be known as the standard apple barrel. 
Or where the barrel shall be made straight or without a bulge 
it shall contain the same number of cubic inches as the standard 
apple barrel. Every person buying or selling apples, pears, 
quinces or potatoes in this state by the barrel, shall be under- 
stood as referring to the quantity or size of the barrel, speci- 
fied in this section, but when potatoes are sold by weight, 
the quantity constituting a barrel shall be one hundred and 



Commissioner of Agriculture. 455 

seventy-four pounds. No person shall make, or cause to be 
made, barrels holding less than the quantity herein specified, 
knowing or having reason to believe that the same are to be 
used for the sale of apples, quinces, pears or potatoes, unless 
such barrel is plainly marked on the outside thereof with the 
words " short barrel " in letters of not less than one inch in 
height. No person in this state shall use barrels hereafter 
made for the sale of such articles of a size less than the size 
specified in this section. Every person violating any provision 
of this section shall forfeit to the people of this state a sum of 
five dollars for every barrel put up or made or used in violation 
of such provision. 

§ 2. This act shall take effect immediately. 



CHAPTER 582. 



AX ACT to amend the membership corporations law, relative to 
agricultural corporations and agricultural societies. 

Became a law, April 14, 1002, with the approval of the Governor. Passed, 

three-fifths being present. 

The People of the State of New York, represented in Senate and 
Assembly, do enact as folloics: 

Section 1. Section one hundred and forty of chapter five hun- 
dred and fifty-nine of the laws of eighteen hundred and ninety- 
five, entitled "An act in relation to membership corporations, 
constituting chapter forty-three of the general laws," is hereby 
amended to read as follows: 

§ 140. Certificate of incorporation. — Ten or more persons may 
form a county or tow.a agricultural corporation for promoting 
agriculture, horticulture and the mechanic arts, by making, 
acknowledging and filing a certificate, stating the particular 
objects for which the corporation is to be created; the terri- 
tory in which its operations are to be conducted; the town, 
village or city in which its principal office is to be located; the 



456 Ninth Annual Report of the 

number of its directors, not less than six or more than twelve; 
the names of the persons to be its directors until its first 
annual meeting; and the times for holding its annual meetings. 
Such certificate shall not be filed without the approval, indorsed 
thereupon or annexed thereto, of a justice of the supreme court. 
On filing such certificate, in pursuance of law, the signers there- 
of, their associates and successors, shall be a corporation in 
accordance with the provisions of such certificate. Any such 
agricultural corporation, or any . other agricultural society 
organized under the laws of this state shall have the right to buy 
or lease any lands or real estate necessary or needed for its 
purposes. In case any agricultural corporation or any other 
agricultural society which has received moneys from the state, 
for premiums paid for improving the breed of cattle, sheep and 
horses, or has acted as agent for the state in disbursing moneys 
for such purpose cannot purchase or acquire such lands or real 
estate upon satisfactory terms, then such agricultural corpo- 
ration, or agricultural society may acquire such lands or other 
real estate necessary for its purposes by condemnation in pur- 
suance of the condemnation law. Any lands or real estate 
acquired by any argicultural corporation, or agricultural so- 
ciety by condemnation proceedings, or otherwise, shall not be 
subject to condemnation proceedings instituted by any other 
agricultural society or any other corporation. 

§ 2. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

§ 3. This act shall take effect immediately. 



CODE OF CRIMINAL PROCEDURE. 

§ 56. Jurisdiction of courts. — Subject to the power of removal 
provided for in this chapter, courts of special sessions, except in 
the city and county of New York and the city of Albany, have in 
the first instance exclusive jurisdiction to hear and determine 



Commissioner op Agriculture. 457 

charges of misdemeanors committed within their respective 
counties, as follows: 

35. All violations of the provisions of the agricultural law. 

(As amended by chapter 570 of the Laws of 1893.) 



PENAL CODE. 



§ 408a. Violations of the agricultural law. — Any person who 
disregards, disobeys or violates any proclamation, notice, order 
or regulation, lawfully issued or prescribed by the commissioner 
of agriculture, for the suppression or prevention of the spread 
of infectious or contagious diseases among domestic animals, 
or who violates any of the provisions of sections eighty and 
eighty-two of article five of the agricultural law, is guilty of a 
misdemeanor. (As amended by chapter 554 of the Laics of 1897.) 



CODE OF CIVIL PROCEDURE. 

Subdivision 3 of section 3228 of the Code of Civil Procedure. 

3. An action specified in subdivision first, third, fourth or fifth 
of section twenty-eight hundred and sixty-three of this act. But 
if, in an action to recover damages for an assault, battery, false 
imprisonment, libel, slander, criminal conversation, seduction, or 
malicious prosecution; or a fine or penalty in which the people of 
the state are a party, the plaintiff recovers less than fifty dollars 
damages, the amount of his cost can not exceed the damages. 

§ 2. This act shall take effect September first, eighteen hun- 
dred and ninety-eight. (As amended by chapter 110 of the Laws of 
1898.) 



INDEX. 



(For index to Agricultural Law, see pages -169 -47V . 



A. 

PAGE). 

Actinomycosis 238, 239 

Aftou Driving Park and Agricultural Association, financial report 

of 342, 343 

Agricultural and Liberal Arts Society of Rensselaer County, financial 

report of 309, 310 

Agricultural law 3S9-457 

index to 469^78 

Agricultural societies, money appropriated to 121, 122 

Albany County Agricultural Society and Exposition, financial report 

of 237, 258 

Allegany County Agricultural Society, financial report of 258, 259 

American Institute of the City of New York, financial report of. .294, 295 

Amount of milk received in New York city, 1888 to 1901 45 

Analyses, vinegar, milk, oleomargarine, condensed milk and maple 

syrup, second division 158 

Anthrax 246-250 

B. 

Barns and cow stables, ninth division 226 

Beebe, Yerlett C, report of 205-211 

Bees 119-121 

Beet sugar 112, 113 

Biesecker, John S., People v. (Preservaline) 47-105 

Binghamton Industrial Exposition, financial report of 339, 340 

Black quarter 238 

Bob veal 107-110 

fourth division 189 

ninth division 225 

prosecutions 110 

ninth division 229, 231 

third division 184 

Boonville Fair Association, financial report of 354, 355 

Brookfield-Madison County Agricultural Society, financial report 

of 290, 291 

Broome County Agricultural Society, financial report of 260, 261 

Buffalo, milk and cream received in 222 



460 Index. 

PAGE.. 

Butter and cheese, exports of since 1883, New York city 154-157' 

products, biennially for ten years 36 

receipts of, New York city 135 

Butter, exports of 136 

monthly average price, New York city 133, 134 

renovated 15-17 

second division 128, 129' 



C. 

Cambridge Valley Agricultural Society and Stock Breeders' Associa- 
tion, financial report of 255, 256 

Cape Vincent Agricultural Society, financial report of 352, 353. 

Catskill Mountain Agricultural Society, financial report of 347, 348 

Cattaraugus County Agricultural Society, financial report of. .. . 261, 262 

Cayuga County Agricultural Corporation, financial report of.... 263, 264 

Chautauqua County Fair, financial report of 264, 265 

Chemung County Agricultural Society, financial report of 265, 266 

Chenango County Agricultural Society, financial report of 266, 267 

Cheese 17-38 

Cheese brand, regulations IS, 19 

sample 18 

Cheese brands, law under which issued - 19 

list of, issued 1901 20-34 

Cheese, butter and, receipts of, New York city 135 

exports of 136 

factories and creameries, ninth division 223 

filled 130, 131 

monthly average price, New York city 134 

products, butter and, biennially for ten years 36 

second division 129 

Clark, James P., report of 232-237 

Clinton County Agricultural Society, financial report of 267. 268 

Cobleskill Agricultural Society, financial report of 372, 373 

Columbia Agricultural and Horticultural Association, financial report 

of 345, 346 

Columbia County Agricultural Society, financial report of 269, 270 

Commissioner, report of 7-123 

Condensed milk 45, 46 

prosecutions 45 

Contagious diseases of domestic animals, ninth division 225, 226 

third division 184 

Cortland County Agricultural Society, financial report of 270-272 

Cream, third division 182 

Cuba Fair and Racing Association, financial report of 336. 33S 



Index. 461 



D. 

PAGE. 

Dairy products, receipts and value of, for twenty years, New York 

city 137-153 

De!aware County Agricultural Society, financial report of 272, 273 

Delaware Valley Agricultural Society, financial report of 348, 349 

Department, working divisions of 7 

Diseased cattle, swine and, fourth division 1S9, 190 

fifth division 192-194 

Dryden Agricultural Society, financial report of 378, 379 

Dundee Fair Association, financial report of 384, 3S5 

Dutchess County Agricultural Society, financial report of 273, 274 

E. 

Eighth division, milk prosecutions 218-220 

rabies 217 

work 217, 218 

Equinia Malleus (glanders) 240-245 

Erie County Agricultural Society, financial report of 275, 276 

Essex County Agricultural Society, financial report of 276, 277 

Exports of butter 136 

and cheese since 1S83, New York city 154-157 

Exports of cheese 136 

F. 

Fifth division, diseased cattle 192-194 

prosecutions 192 

Tilled cheese 130, 131 

Fourth division, bob veal 189 

diseased cattle and swine 189, 190 

oleomargarine 188, 189 

paris green and linseed oil . 189 

renovated butter 189 

samples taken 187, 188 

vinegar 189 

Franklin County Agricultural Society, financial report of 278, 279 

Franklinville Agricultural and Driving Park Association, financial re- 
port of 341, 342 

Fulton County Agricultural Society, financial report of 279-281 

G. 

Genesee County Agricultural Society, financial report of 281, 282 

Glanders (equinia malleus) 240-245 

Gorham Agricultural Society, financial report of 356, 357 

Gouverneur Agricultural and Mechanical Society, financial report 

of 368, 369 

Grant, John H., report of 221-231 

Greene County Agricultural Society, financial report of 283, 284 



462 Index. 

H. 

PAGE. 

Hemlock Lake Union Agricultural Society, financial report of 289, 290 

Herkimer County Agricultural Society, financial report of 284, 2S5- 

Hornellsville Farmers' Club, financial report of 255 

Hughes, William T., report of 212-220 

I. 

Index to agricultural law 469-478 

Inspection, nursery and orchard 113-119 

Inspections, third division 182 

J. 

Jefferson County Agricultural Society, financial report of 285-287 

K. 

Kelly, William Henry, report of 238-250 

Kracke, F. J. H., report of 127-180 

L. 

Law, index to agricultural 4<i9— 178 

Law under which cheese brands issued 19 1 

Lewis County Agricultural Society, financial report of 287, 288 

List of cheese brands issued, 1901 20-34 

M. 

Maple sugar and maple syrup Ill, 112 

Milk 39- 

amount received in New York city, 18S8 to 1901 45 

and cream received in Buffalo 222 

cases, sixth division 201-203 

condensed 45, 46 

ninth division 221, 222 

preservative case, sixth division 203 

prosecutions 39-42 

eighth division 218-220 

ninth division 227, 228, 229, 230 

seventh division 210, 211 

tenth division 235, 236 

second division 127, 128 

shipping, sixth division 196, 197 

supply of Rochester 220 

third division 1S1 

unsweetened condensed milk, and cream in New York city. . . . 168-180 
Moneys apportioned to agricultural societies 121, 122 



Index. 463 

PAGE. 

Monroe County Agricultural Society, financial report of 293, 294 

Montgomery County Agricultural Society, financial report of 291-293 

Monthly average price of butter, New York city 133, 134 

of cheese. New York city 134 

Morris Fair Association, financial report of 361, 362 

IT. 

Naples Union Agricultural Society, financial report of 358, 359 

Newark Fair Association, financial report of 380, 381 

New York city, amount of milk received, 1888 to 1901 45 

Niagara County Agricultural Society, financial report of 295-297 

Ninth division, barns and cow stables 226 

bob veal , 225 

prosecutions 229, 231 

cheese factories and creameries in 223 

contagious disease of animals 225, 226 

milk 221, 222 

milk prosecutions 227, 228, 229, 230 

oleomargarine and renovated butter 223, 224 

oleomargarine prosecutions 229 

renovated butter prosecutions 229 

vinegar 225 

vinegar prosecutions 229 

work 227 

Northern Tioga Agricultural Society, financial report of 376, 377 

Nursery and orchard inspection 113-119 

O. 

Oleomargarine 9-15 

renovated butter and. ninth division 223, 224 

fourth division 188, 189 

law, receipts under (Internal Revenue) 132 

prosecutions, ninth division 229 

seventh division 211 

seventh division 206 

third division 183, 184 

Oneida County Agricultural Society, financial report of 297, 298 

Oneonta Union Agricultural Society, financial report of 362, 363 

Ontario County Agricultural Society, financial report of 298-300 

Orange County Agricultural Society, financial report of 300, 301 

Orleans County Agricultural Society, financial report of 302, 303 

Oswegatchie Agricultural Society, financial report of 369, 370 

Oswego County Agricultural Society, financial report of 303, 304 

Otsego County Agricultural Society, financial report of 305, 306 

Owens. T. James, report of 187-190 



464 Index. 

P. 

PAGE. 

Palmyra Union Agricultural Society, financial report of 382, 383 

Paris green and linseed oil, fourth division 1S9 

People v. John S. Biesecker (preservaline) 47-105 

People v. Mathew Wiard (vinegar) 215 

Phoenix Union Agricultural Society, financial report of 355, 356 

Prattsburgh Union Agricultural Society, financial report of 374, 375 

Prattsville Horticultural and Agricultural Society, financial report 

of 351, 352 

Preservaline 46 

Preston, E. J., report of 181-186 

Prosecutions, bob veal 110 

condensed milk 45 

fifth division 192 

milk 39-42 

second division 161-167 

third division : 1S5, 186 

vinegar 106 

Putnam County Agricultural Society, financial report of 306, 307 

It. 

Rabies, eighth division 217 

seventh division 207 

tenth division 232-234 

Racquette Valley and St. Regis Valley Agricultural and Horticul- 
tural Society 370-372 

Receipts and value of dairy products for twenty years, New York 
city 137-153 

Receipts of milk, unsweetened condensed milk and cream in New 
York city 168-180 

Receipts under olemargarine law (Internal Revenue) 132 

Recommendations 123 

Regulations, cheese brand 18, 19 

Renovated butter 15-17 

fourth division 189 

prosecutions, ninth division 229 

third division 1S4 

Rensselaer County Agricultural and Horticultural Society, financial 
report of 310, 311 

Report of Verlett C. Beebe 205-211 

James P. Clark 232-237 

commissioner 7-123 

John H. Grant 221-231 

William T. Hughes 212-220 

William Henry Kelly 238-250 



Index. 465 

PAGE. 

Report of F. J. H. Kracke 127-180 

T. .Tames Owens 187-190 

E. J. Preston 181-186 

S. Brown Richardson 191-195 

Charles T. Russell 196-204 

Richardson, S. Brown, report of 191-195 

Richfield Springs Agricultural Society, financial report of 364, 365 

Riverside Agricultural Society, financial report of 344, 345 

Rochester, milk supply of 220 

Rockland County Agricultural and Horticultural Association, financial 

report of 311-313 

Rockland County Industrial Association, financial report of .366, 367 

Russell, Charles T., report of 196-204 



St. Lawrence County Agricultural Society, financial report of. .. .313, 314 

Sample cheese brand 18 

Samples taken, fourth division 187, 188 

Sandy Creek, Rockland, Orwell and Boylston Agricultural Society, 

financial report of 359, 360 

San Jos6 scale 113-119 

Saratoga County Agricultural Society, financial report of 314, 315 

Schenevus Valley Agricultural Society, financial report of 365, 366 

Schoharie County Agricultural Society, financial report of 316, 317 

Schuyler County Agricultural Society, financial report of 317, 318 

Second division, analyses, vinegar, milk, oleomargarine, condensed 

milk and maple syrup 158 

butter 128, 129 

cheese 129 

milk 127, 128 

prosecutions 161, 167 

services, vinegar, milk and oleomargarine 157 

summary of work 158-160 

Seneca County Agricultural Society, financial report of 318, 319 

Services, vinegar, milk and oleomargine, second division 157 

Settlement of actions, third division 182, 183 

Seventh division, milk prosecutions 210, 211 

oleomargarine 206 

oleomargarine prosecutiou 211 

rabies 207 

work 207-209 

Shavertown Agricultural Society, financial report of 349-351 

Silver Lake Agricultural and Mechanical Society, financial report 

of 383, 384 

30 



466 Index. 

PAQE. 

Sixth division, milk cases 201-203 

milk preservative case 203 

milk shipping 196, 197 

veal 198, 199 

veal cases 203, 204 

vinegar 197, 198 

vinegar cases 203 

work 199-201 

Societies, moneys apportioned to agricultural 121, 122 

Southern Steuben Agricultural Society, financial report of 275, 276 

Statement of salaries and expenses 123 

Steuben County Agricultural Society, financial report of 320, 321 

Suffolk County Agricultural Society, financial report of 321, 322 

Sullivan County Agricultural Society, financial report of 322, 323 

Summary of work, second division 158-160 

T. 

Tenth division, milk prosecutions 235, 236 

rabies 232-234 

tuberculosis 234 

work 236 

The Sherman Branding Bill 37, 3S 

Third division, bob veal 184 

contagious diseases of domestic animals 184 

cream 182 

inspections 182 

milk 181 

oleomargarine 1S3, 184 

prosecutions 1S5, 1S6 

renovated butter 184 

settlement of actions 1S2, 183 

vinegar 184 

Tioga County Agricultural Society, financial report of 323-325 

Tompkins County Agricultural Society, financial report of 325, 326 

Tuberculosis, tenth division 234 

XT. 

Ulster County Agricultural Society, financial report of 326-328 

Union Agricultural and Horticultural Society (Tnimansburgh), 
financial report of 379, 380 

V. 

Veal, cases, sixth division 203, 204 

sixth division 198, 199 



Index. 467 

PAGE. 

Vinegar 105, 106 

cases, sixth division 203 

fourth division 189 

ninth division 225 

prosecutions 106 

ninth division 229, 230 

sixth division 197, 198 

third division 184 

W. 

Warren County Fair, financial report of 328, 329 

Washington County Agricultural Society, financial report of 329-331 

Wayne County Agricultural Society, financial report of 331, 332 

Wellsville Fair Association, financial report of 338, 339 

Westchester County, The Society of Agriculture and Horticulture of, 

financial report of 332, 333 

Wiard, Mathew, People v 215 

Work, eighth division 217, 218 

Working divisions of department 7 

Work, ninth division 227 

seventh division 207-209 

sixth division 199-201 

tenth division 236 

Wyoming County Agricultural Society, financial report of 333-335 

Y. 

Yates County Agricultural Society, financial report of 335, 330 



INDEX TO AGRICULTURAL LAW. 



A. 

PAGE.. 

Act to amend the domestic commerce law, in relation to the size of 

apple, pear, quince and potato barrels (L. 1902, chap. 337) 454, 455 

Act to amend the membership corporations law relative to agricultural 

corporations and agricultural societies (L. 1902, chap. 582) .... 455, 456 
Act to prevent the adulteration of and deception in the sale of linseed 

or flaxseed oil (L. 1898, chap. 412) 452-454 

Additional counsel under executive law (L. 1895, chap. 821) 451, 452 

Adulterated meal or ground grain, penalty (Art. 9, sec. 126) 447 

Adulterated or imitation vinegar, manufacture and sale of (Art. 3, 

sec. 51) 409 

Adulterated vinegar, definition of (Art. 3, sec. 50) 409 

Agent, principal's liability for acts of, evidence (Art. 1, sec. 7) 392 

Agricultural Experiment Station, The New York (Art. 6, sec. 85) . 429, 430 
statements to be filed with director of, to be accompanied by 

sample — Commercial Feeding Stuffs — (Art. 9, sec. 122) 445 

Agricultural law, penalties for violation of (Art. 2, sec. 37) 407, 408 

Agricultural law, violations of the— Penal Code — (Penal Code, sec. 

408a) 457 

Agricultural societies, distribution of money apportioned for (Art. 6, 

sec. 89) 438, 439 

Agriculture, commissioner of (Art. 1, sec. 2) 390 

commissioner of, distribution of moneys by — Sugar Beet Culture — 

(Art. 5, sec. 76) 421 

Analysis — Commercial Feeding Stuffs — (Art. 9, sec. 121) 444 

Analysis to be made by director of experiment station ; samples to be 

taken for analysis — Commercial Feeding Stuffs — (Art 9, sec. 124) . . 446 
Animals destroyed, compensation to owners of — Diseases of Domestic 

Animals — (Art. 4, sec. 70a) 415 

Animals, detention and destruction of — Diseases of Domestic Animals 

— (Art. 4, sec. 63) 411, 412 

Animals, diseased, appraisal of — Diseases of Domestic Animals — (Art. 

4, sec. 68) . ., 413, 414 

post-mortem examination of slaughtered — Diseases of Domestic 

Animals— (Art. 4, sec. 70) 414, 415 

Annual report (Art. 1, sec. 5) 391, 392 

Annual report to commissioner of agriculture and State society (Art. 
6, sec. 90) 439 



4H> Index. 

PAGE. 

Appointed by commissioner, inspectors to be — Sugar Beet Culture — 
(Art. 5, see. 74) 419, 420 

Appointment and duties of tbe agent of the commissioner of agri- 
culture — Nursery Inspection — (Art. G, sec. 83) 42G-429 

Appraisal, certificate of — Diseases of Domestic Animals — (Art 4, sec. 
69) 414 

Appraisal of diseased animals — Diseases of Domestic Animals — (Art. 
4, sec. 68) 413, 414 

Appraiser of condemned animals — Diseases of Domestic Animals — 
(Art. 4, see. 67) 413 

Article, penalty for violation of — Commercial Feeding Stuffs — (Art. 9, 
sec. 125) 447 

Article II, object and intent of (Art. 2, sec. 36) 407 

Articles, prohibited, not to be furnished (Art. 2, sec. 28) 404 

Attorney-general, relating to the duties and powers of the, under 
executive law (L. 1895, chap. 821) 451, 452 

B. 

Barrels, act to amend the domestic commerce law in relation to the 

size of apple, pear, quince and potato (L. 1902. chap. 337) 454, 455 

Bees, the prevention of disease among (Art. 6, sec. 80) 422, 423 

Brand, use of false, prohibited (Art. 2, sec. 34) . ., 407 

Branded, packages containing cider vinegar to be (Art. 3, sec. 52). ... 409 
Branding of packages, inspection; statements — Sugar Beet Culture — 

(Art. 5, sec. 73) 41S, 419 

Butter, manufacture and sale of imitation, prohibited (Art. 2, sec. 26) 401 

402 
milk, cream or, manufacture or mixing of animal fats with, pro- 
hibited (Art. 2, sec. 27) 402-404 

Butter and cheese factories, regulations in regard to (Art. 2, sec. 23). . 399 

400 

Butter and cheese makers, expert (Art. 1, sec. 4) 391 

C. 

Care and feed of cows (Art. 2, sec. 21) 398 

Certificate of appraisal (Art. 4, sec. 69) 414 

Certificate of chemist presumptive evidence (Art. 1, sec. 6) 392 

Certificate, State manufacturer and dealer in original packages to 
file, with commissioner of agriculture — Baris green — (Art. 8, sec. 

110) 412 

Certificate to be given by commissioner of agriculture to State manu- 
facturer and dealer in original packages — Paris green — (Art. 8, 

sec. Ill) 442. 413 

Cheese factories, butter and, regulations in regard to (Art. 2, sec. 

23) 399, 400 



Index. 471 

PAGE. 

Cheese-makers, butter- and, expert (Art. 1, sec. 4) 391 

Cheese, manufacture ami sale of imitation, prohibited (Art. 2. sec. 

30) 405 

manufacturer's brand of (Art. 2, sec. 33) 406, 407 

Chemist, certificate of, presumptive evidence (Art. 1, sec. G) 392 

Coloring matter, use of, prohibited (Art. 2, sees. 29 and 29a).... 404, 405 
Commercial feeding stuffs, analysis — Commercial Feeding Stuffs — 

(Art. 9, sec. 121) 444, 445 

contents — Commercial Feeding Stuffs — (Art. 9, sec. 121).... 444, 445 
term concentrated, defined — Commercial Feeding Stuffs — (Art. 9, 

sec. 120) 444 

Commission, State Fair (Art. 10, sec. 141) 448, 449 

expenses of — State Fair — (Art. 10, sec. 145) 450 

Commissioner, assistants and employes, powers of (Art. 1, sec 3) 391 

Commissioner of agriculture (Art. 1, sec. 2) 390 

annual report to, and State society (Art. 6, sec. 90) 439 

appointment and duties of the agent of the — Nursery Inspec- 
tion— (Art. 6, sec. 83) 426-429 

certificate to be given by, to State manufacturer and dealer in 

original packages — Paris green — (Art. 8. sec. Ill) 442, 443 

distribution of moneys by — Sugar Beet Culture — (Art. 5, sec. 76). 421 

duties of the— Diseases of Bees— (Art. 6, sec. 81) 423, 424 

State manufacturer and dealer in original packages to file certifi- 
cate with — Paris green — (Art. 8, sec. 110) 442 

to apportion moneys appropriated for promotion of sugar beet 

culture — Sugar Beet Culture — (Art. 5, sec. 71) 418 

to issue notice — Diseases of Domestic Animals — (Art. 4, sec. 

61) 410, 411 

violation to be reported to — Commercial Feeding Stuffs — (Art. 9, 

sec. 127) 447, 448 

Common carriers, receiving veal for shipment by — Diseases of 

Domestic Animals — (Art. 4, sec. 70g) 417 

Compensation to owners of animals destroyed — Diseases of Domes- 
tic Animals — (Art. 4, sec. 70a) 415 

Composition of Paris green or analogous products — raris green — 

(Art. 8, sec. 112) 443 

Condemned animals, appraiser of — Diseases of Domestic Animals — 

(Art. 4, sec. 67) 413 

Condensed milk, regulations in regard to (Art. 2, sec. 25) 400, 401 

Cornell University, The (Art. 6, sec. 87) 431, 432 

Costs— Code of Civil Procedure— (Code Civ. Pro. sec. 3228, subd. 3) . . 457 

County trade-marks (Art. 2, sec. 35) 407 

Courts, jurisdiction of — Code of Criminal Procedure — (Code Crim. 

Proc. sec. 56, subd. 35) 457 



472 Index. 

PAGE- 

Cows, care and feed of (Art. 2, sec. 21) 398- 

Cream, butter, milk or, manufacture or mixing of animal fats with, 

prohibited (Art. 2, sec. 27) 402-404 

Cream cans, milk and, markings on (Art. 2, sec. 24) 400 

D. 

Dairy products, definitions of (Art. 2, sec. 20) 397, 398 

Defining honey — Diseases of Bees — (Art. 6, sec. 80a) 423 

Definition of adulterated vinegar (Art. 3, sec. 50) 409 

Definitions of dairy products (Art. 2, sec. 20) 397, 398 

Detention and destruction of animals (Art. 4, sec. 63) 411, 412 

Disbursements, receipts and — State Fair — (Art. 10, sec. 144) 450 

Disease among bees, the prevention of — Diseases of Bees — (Art. 6, 

sec. 80) 422, 423 

Disease in fruit trees and the extirpation of insect pests that infest 

the same, the prevention of — Nursery Inspection — (Art. 6, sec. 

82) 424-426 

Disease, suppression of infectious and contagious — Diseases of 

Domestic Animals — (Art. 4, sec. 60) 410 

Diseased animals, appraisal of — Diseases of Domestic Animals — (Art. 

4, sec. 68) 413, 414 

Disposal of fines and moneys recovered (Art. 1, sec. 9) 393 

Distribution of money appropriated for agricultural societies (Art. 6, 

sec. 89) 438, 439 

Distribution of moneys by commissioner of agriculture — Sugar Beet 

Culture— (Art. 5, sec. 76) 421 

Duties of the commissioner — Diseases of Bees — (Art. 6, sec. 81). .423, 424 

E. 

Employment of veterinary surgeons — Diseases of Domestic Animals — 

(Art. 4, sec. 64) 412 

Enforcement of regulations — Diseases of Domestic Animals — (Art. 4, 

sec. 65) 412, 413 

Evidence, certificate of chemist presumptive (Art. 1, sec. 6) 392 

Evidence, principal's liability for act of agent (Art. 1, sec. 7) 392 

Executive law, additional counsel under (L. 1895, chap. 821) 451, 452 

Executive law, relating to the duties and powers of the attorney- 
general under (L. 1895, chap. 821) 451, 452 

Expenses — Diseases of Domestic Animals — (Art. 4, sec. 70b) 415 

Expenses of commission — State Fair — (Art. 10, sec. 145) 450 

Experiment station, analysis to be made by director of, samples to be 
taken for anaylsis — Commercial Feeding Stuffs — (Art. 9, sec. 

124) 446, 447 

Experiment station, Paris green to be analyzed at — Paris green — (Art. 

8, sec. 113) | 443 

Expert butter and cheese makers (Art. 1, sec. 4) 391 



Index. 473 



F. 

PAGE. 

Factories, regulations in regard to butter and cheese (Art. 2, sec 23) . . 399 

400 

Fair, State— State Fair— (Art. 10, sec. 142) 449, 450 

commission — State Fair — (Art. 10, sec. 141) 448, 449 

Farms to be quarantined ; inspection of premises — Diseases of Domes- 
tic Animals — (Art. 4, sec. G2) 411 

Federal inspectors, rights of — Diseases of Domestic Animals — (Art. 4, 

sec. 70d) 416 

Federal regulations — Diseases of Domestic Animals — (Art. 4, sec. 70c) 416 

Fee, license — Commercial Feeding Stuffs— (Art. 9, sec. 123) 445, 446 

Feed, care and, of cows (Art. 2, sec. 21 ) 398 

Fines and moneys recovered, disposal of (Art. 1, sec. 9) 393 

Flaxseed oil, linseed or, act to prevent the adulteration of and decep- 
tion in the sale of (L. 189S, chap. 412) 452-154 

Food, slaughtering and selling veal for — Diseases of Domestic 

Animals — (Art. 4, sec. 70e) 416, 417 

H. 

Honey, defining — Diseases of Bees — (Art. 6, sec. 80a) 423 

Honey, relative to selling a commodity in imitation or semblance of — 

Diseases of Bees — (Art 6, sec. 80b) 423 



I. 

Imitation cheese, manufacture and sale of, prohibited (Art. 2, sec. 30) 405 
Imitation or semblance of honey, relative to selling a commodity in — 

Diseases of Bees— (Art. 6, sec. 80b) 423 

Infectious or contagious disease, suppression of — Diseases of Domes- 
tic Animals — (Art. 4, see. 60) . 410 

Injunctions may be obtained, when (Art. 1, sec. 10) 393, 394 

Inspection, how conducted (Art. 1, sec. 12) 395, 396 

Inspection of premises ; farms to be quarantined — Diseases of Domes- 
tic Animals — (Art. 4, sec. 62) 411 

Inspections; branding of packages; statements — Paris green — (Art. 5, 

sec. 73) 418, 419 

Inspectors, rights of Federal — Diseases of Domestic Animals — (Art. 4, 

sec. 70d) 416 

Inspectors to be appointed by commissioner — Sugar Beet Culture — 
(Art. 5, sec. 74) 419, 420 

J. 

Jurisdiction of courts — Code of Criminal Procedure— (Code Criin. 
Proc. sec. 56, subd. 35) 457 



474 Index. 



K. 

PAGE. 

Keeping milk cans, vessels, etc., in unclean or unsanitary surround- 
ings (Art. 2, sec. 32) 406 

L. 

Laws repealed with schedule (Art. 7, sec. 100) 440 

License fee — Commercial Feeding Stuffs — (Art. 9, sec. 123) 445, 446 

Linseed or flaxseed oil, act to prevent the adulteration of and decep- 
tion in the sale of (L. 1S98, chap. 412) 452-454 

M. 

Manufacture and sale of adulterated or imitation vinegar (Art. 3, 

sec. 51) 409 

Manufacture and sale of imitation butter prohibited (Art. 2, sec. 2G) . 401 

402 
Manufacture and sale of imitation cheese prohibited (Art. 2, sec. 30) . . 405 
Manufacture or mixing of animal fats with milk, cream or butter 

prohibited (Art. 2, sec. 27) 402^04 

Manufacturer's brand of cheese (Art. 2, sec. 33) 40(3, 407 

Maple sugar and maple syrup (Art. G, sees. 91 and 92) 439. 440 

Markings on milk and cream cans (Art. 2, sec. 24) 100 

Meal or ground grain, adulterated, penalty — Commercial Feeding 

Stuffs— (Art. 9, sec. 126) 447 

Milk, condensed, regulations in regard to (Art. 2, sec. 25) 400, 401 

cream or butter, manufacture or mixing of animal fats with, pro- 
hibited (Art. 2, sec. 27) 402-404 

prohibition of the sale of adulterated (Art. 2, sec. 22) 398 

Milk cans, vessels, etc., keeping in unclean or unsanitary surround- 
ings (Art. 2, sec. 32) 406 

Milk and cream cans, markings on (Art. 2, sec. 24) 400 

N. 

New York Agricultural Experiment Station, The (Art. G, sec. 85) . 429, 430 
Notice, commissioner to issue — Diseases of Domestic Animals — (Art. 
4, sec. Gl ) 410 > 4n 

O. 

Object and intent of Article II (Art. 2, sec. 36) 407 

Onondaga county, property in town of Geddes— State Fair— (Art. 10, 

sec. 140) 44S 

Original packages, certificate to be given by commissioner of agricul- 
ture to State manufacturer and dealer in — Paris green — (Art. 8, 
sec. HI) 442 - 44 * 



Index. 4T.> 

PAGE. 

Oiiginal packages, State manufacturer and dealer in, to file certifi- 
cate with commissioner of agriculture — Paris green — (Art. 8, sec. 
110) 442 

Owners of animals destroyed, compensation to — Diseases of Domes- 
tic Animals — (Art. 4, sec. 70a) 415 



P. 

Packages containing cider vinegar to. be branded (Art. 3, sec. 52) ... . 409 
Packages, statements to be attached to — Commercial Feeding Stuffs 

—(Art. 9, sec. 121) 444, 445 

Paris green, or analogous products, composition of — Paris green — 

(Art. 8, sec. 112) 443 

to be analyzed at Experiment Station — Paris green — (Art. 8, 

sec. 113) 443 

Penalties for violations of agricultural law (Art. 2, sec. 37) 407. 408 

Penalties — Diseases of Domestic Animals — (Art. 4, sec. 66) 413 

Penalties, prosecutions for (Art. 1, sec. 8) 392, 395 

Penalties — Vinegar — (Art. 3, sec. 53) 409 

Penalty, adulterated meal or ground grain — Commercial Feeding 

Stuff s— (Art. 9, sec. 126) 447 

Penalty for violation of article — Commercial Feeding Stuffs — (Art. 9, 

sec. 125) 447 

Penalty for violations — Paris green — (Art. 8, sec. 114) 443 

Persons, etc., to whom moneys may be distributed — Sugar Beet Cul- 
ture— (Art. 5, see. 72) 418 

Post mortem examination of slaughtered animals — Diseases of 

Domestic Animals — (Art. 4, sec. 70) 414, 415 

Powers and duties of weighman — Sugar Beet Culture — (Art. 5, sec. 

75) 420, 421 

Powers of commissioner, assistants and employes (Art. 1, sec. 3) . . . . 391 
Premises, inspection of, farms to be quarantined — Diseases of Domes- 
tic Animals — (Art. 4, sec. 62) 411 

Presumptive evidence, certificate of chemist (Art. 1, sec. 6) 392 

Prevention of disease among bees, the — Diseases of Bees — (Art. 6. 

sec. 80) 422, 423 

Prevention of disease in fruit trees and the extirpation of insect pests 
that infest the same, the — Nursery Inspection — (Art. 6, sec. 82). .424-426 

Principal's liability for act of agent, evidence (Art. 1, sec. 7) 392 

Products, definitions of dairy (Art. 2, sec. 20) 397 

Prohibited articles not to be furnished (Art. 2, sec. 28) 404 

Prohibition of the sale of adulterated milk (Art. 2, sec. 22) 398 

Promotion of agriculture, receipts and apportionment of moneys for 
the (Art. 6, sec. 88) 433-438 



47G Index. 

PAGE. 

Property in town of Geddes, Onondaga county— State Fair — (Art. 10, 

sec. 140) 448 

Prosecution for penalties (Art. 1. sec. 8) 392, 303 

Prosecution shall not be compelled to elect, when (Art. 1, sec. 11). . . . 394 

Q. 

Quarantined, farms to be; inspection of premises — Diseases of 

Domestic Animals — (Art. 4, sec. 62) 411 

R. 

Receipts and apportionment of moneys for the promotion of agricul- 
ture (Art. 6, sec. 88) 433-138 

Receipts and disbursements — State Fair — (Art. 10, sec. 144) 450 

Receiving veal for shipment by common carrier — Diseases of Domes- 
tic Animals — (Art. 4, sec. 70g) 417 

Regulations and the enforcement thereof — Diseases of Domestic Ani- 
mals— (Art. 4, sec. 63) 412, 413 

Regulations, Federal — Diseases of Domestic Animals — (Art. 4. sec. 

70c) 416 

Regulations in regard to butter and cheese factories (Art. 2, sec. 

23) 399, 400 

Regulations in regard to condensed milk (Art. 2, sec. 25) -100, 401 

Report, annual (Art. 1, sec. 5) 391. 392 

Rights of Federal inspectors — Diseases of Domestic Animals — (Art. 
4, sec. 70d) 4l(j 

S. 

Sale of adulterated milk, prohibition of the (Art. 2, sec. 22) 398 

Selling a commodity in imitation or semblance of honey, relative to — 

Diseases of Bees— (Art. 6, sec. 80b) 423 

Shipment, receiving veal for, by common carriers — Diseases of 

Domestic Animals — (Art. 4, sec. 70g) ..." 417 

Shipping veal — Diseases of Domestic Animals — (Art. 4, sec. 70f) 417 

Short title (Art. 1, sec. 1) 390 

Skim milk or skimmed cheese, when prohibition does not apply (Art. 

2, sec. 31) 405, 406 

Slaughtering and selling veal for food — Diseases of Domestic Ani- 
mals — (Art. 4. sec. 70e) 416, 417 

Societies, act to amend the membership corporations law relative to 
agricultural corporations and agricultural (L. 1902. chap. 5S2)..455. 456 

State Fair (Art. 10, sec. 142) 449, 450 

State Fair commission — State Fair — (Art. 10, sec. 141) 44S, 449 

State fairs, superintendent of, assistants and employes — State Fair — 
(Art. 10, sec. 143) 450 



Index. 477 

PAGE. 

State manufacturer and the dealer in original packages to file certifi- 
cate with, commissioner of agriculture — Paris green — (Art. 8, sec. 
110) 442 

Statements ; inspections ; branding of packages — Sugar Beet Culture — 
(Art. 5, sec. 73) 418 r 419 

Statements to he attached to packages; contents; analysis — Commer- ■ 
cial Feeding Stuffs— (Art. 9, sec. 121) 444, 445 

Statements to be filed with director of agricultural experiment sta- 
tion, to be accompanied by sample — Commercial Feeding Stuffs — 
(Art. 9, sec. 122) 445 

State Weather Bureau, The (Art. 6, sec. 86) 430, 431 

Sugar beet culture, commissioner of agriculture to apportion moneys 
appropriated for promotion of — Sugar Beet Culture — (Art. 5, sec. 
71) 418 

Sugar, maple, and maple syrup (Art. 6, sees. 91 and 92) 439, 410 

Superintendent of State fairs, assistants and employes — State Fair — 
(Art. 10, sec. 143) 450 

Suppression of infectious and contagious disease — Diseases of Domes- 
tic Animals — (Art. 4, sec. 60) 410 

T. 

Term " concentrated commercial feeding stuffs " defined — Commer- 
cial Feeding Stuff s— (Art. 9, sec. 120) 444 

Title, short (Art. 1, sec. 1) 390 

To whom moneys may be distributed, persons, etc. — Sugar Beet Cul- 
ture — (Art. 5, sec. 72) 418 

Trade marks, county (Art. 2, sec. 35) 407 

U. 

Unclean or unsanitary surroundings, keeping milk cans, vessels, etc., 

in (Art. 2, sec. 32) 406 

University, The Cornell (Art. 6, sec. 87) 431-433 

Use of coloring matter prohibited (Art. 2, sees. 29 and 29a) 404, 405 

Use of false brand prohibited (Art. 2, sec. 34) 407 

V. 

Veal, receiving, for shipment by common carriers — Diseases of 

Domestic Animals — (Art. 4, sec. 70g) 417 

shipping — Diseases of Domestic Animals — (Art. 4, sec. 70f) 417 

slaughtering and selling, for food — Diseases of Domestic Ani- 
mals — (Art .4, sec. 70e) 416, 417 

Veterinary surgeons, employment of- — Diseases of Domestic Ani- 
mals— (Art. 4, sec. 64) 412 

Vinegar, definition of adulterated (Art. 3, sec. 50) 409 



478 Index. 

PAGE. 

Vinegar, manufacture and sale of adulterated or imitation (Art. 3, 

sec. 51 ) 409 

packages containing cider, to be branded (Art. 3, sec. 52) 409 

Violation to be reported to tbe commissioner of agriculture — Commer- 
cial Feeding Stuffs— (Art. 9, sec. 127) 447, 448 

Violations of tbe agricultural law — Penal Code — (Penal Code, sec. 

JOSa ) 457 

penalties for (Art. 2, sec. 37) -!i»7. 408 

Violations, penalty for — Paris green — (Art. S, sec. 114) 443 

W. 

Weatber Bureau. Tbe State (Art. 6, sec. 86) 430, 431 

YVeigbnian, powers and duties of — Sugar Beet Culture — (Art. 5, sec. 

75) 420, 421 

Wben injunctions may be obtained (Art. 1, sec. 10) 393, 394 

When law takes effect (Art. 7, sec. 101) 440 

Wben probibition does not apply to skim milk or skimmed cbeese (Art. 

2. sec. 31) 405, 406 

Wben prosecution sball not be compelled to elect (Art. 1, sec. 11) . . 394-396 



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