Decisions of the State Board.

amply broad, the first clause giving board of trustees the power to make whatever regulations they deem necessary for the protection of the public health." The remaining part of the section is virtually the same as the later statute, Sec. 16, above quoted. Certainly, such a regulation of dogs as you suggest, would be a regulation which might be deemed necessary for the protection of the public health. I am, therefore, of the opinion that township trustees may adopt and put in force such a regulation. A substantially similar power is given city and town councils by another statute, section 459 of the Code.

It is true, that it may be contended that since chapter 151, 21st general assembly, is manifestly intended to cover the whole subject of health regulations; that, therefore, the previously existing statutes on the subject, including Sec. 415, have been supplanted and repealed by it. But repeals by implication are not favored. Statutes passed at different times and referring to the same subject are, if possible, construed together as one statute, and all the provisions of such given effect. The fact that there is an express repealing clause in chapter 151, dos not affect the matter, for it provides only that "acts in conflict with this act are repealed." The general provision of Sec, 415, that "township" boards may pass whatever regulations they may deem necessary for the protection of the public health," is in conflict with no part of chapter 151. Further, it seems to me, that manifest reasons of public utility and safety would forbid the interpretation that the legislature intended to leave country districts without the power to protect themselves that is expressly granted to cities and towns.

Yours truly,

JOHN Y. STONE,

Attorney-General.

COUNCIL BLUFFS, IOWA, August 10, 1891.

9. C. Brown, Esq., County Attorney, Indianola, Iowa:

DEAR SIR:-I am in receipt of yours of July 30th, in which you state that a mad dog has bitten a number of cattle and horses in your county, some of which have gone mad, and others have been quarantined; that the owners are unwilling to kill the suspected animals, and asking what the powers and duties of the State Board of Health, and the township trustees, acting as a local board of health, are, in the premises.

There is no provision in the statute providing for the destruction of such animals and the compensation of the owners therefor, as there is in the case of glandered horses. The State Veterinary Surgeon is in all probability right in thinking that he has no jurisdiction. If, then, the power to remedy this evil is invested in any office or body, it is in the State Board of Health or the local board of health, under the following quoted provisions of the law: The State Board of Health has by virtue of chapter 151 of the acts of the eighteenth general assembly, the charge of all matters pertaining to quarantining and "authority to make such rules and regulations as they may deem necessary for the preservation and improvement of the public

Decisions of the State Board.

health." The police officers of the State are required to aid in the enforcement of such rules and regulations. The township boards of trustees, acting as local boards of health, are by virtue of section 415 of the Code, given substantially similar power. "They have the power to make whatever regulations they may deem necessary for the preservation of the public health." Sections 418 and 419 provide that the board shall have power to employ persons to carry into effect regulations adopted by them, and that a violation of any of the rules shall constitute a misdemeanor and be punishable as such.

These powers are general and broad, and there seems to be no limit to their exercise, providing they do not trench upon or conflict with the constitution or laws of the State, Any rule or regulation which the State board, or the local board might, in their exercise of their official discretion, deem necessary for the preservation of the public health, should, I think, be prima facie valid at least. The question as to whether any particular regulation, such as the one aimed at the evil referred to in your letter, is necessary, and therefore valid, would be a matter for the official discretion of the board passing the regulation.

The further question as to whether there would be any review by the courts or otherwise of this discretion is one that in the present state of judicial decisions, I am unable to venture an opinion on. The law seems to have vested the State board with wider powers in such matters than the local boards, but has not provided as efficient means for the enforcement of the regulations adopted by it as it has in the case of the local boards.

Health Laws.

HEALTH LAWS.

ADULTERATION OF FOOD, DRINK, AND MEDICINE. [Chapter 170, Laws Nineteenth General Assembly.]

AX ACT to Prevent and Punish the Adulteration of Articles of Food, Drink, and Medicine, and the sale thereof when adulterated.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That no person shall mix, color, stain, or powder, or order, or permit any other person to mix, color, stain, or powder any article of food with any ingredient or material so as to render the article injurious to health with the intent that the same may be sold, and no person shall sell or offer for sale any such articles so mixed, colored, stained, or powdered.

SEC. 2. No person shall, except for the purpose of compounding, in the necessary preparation of medicine, mix, color, stain, or powder, any drug or medicine with any ingredients or material so as to affect injuriously the quality or potency of such drug or medicine, with intent to sell the same, or shall offer for sale any such drug or medicine so mixed, colored, stained, or powdered.

SEC. 3. No person shall mix, color, stain, or powder any article of food, drink, or medicine, or article which enters into the composition of food, drink, or medicine, with any other ingredient or material, whether injurious to health or not, for the purpose of gain or profit, or sell or offer for sale, the same, or order or permit any other person to sell or offer for sale any article so mixed, colored, stained, or powdered, unless the same be so manufactured, used or sold, or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel, or vessel containing the same, so as to be and remain at all times readily visible, unless the person purchasing the same is fully informed by the seller of the true names of the ingredients (if any than such as are known by the common name thereof) of such articles of food, drink, or medicine, at the time of making the sale thereof, or offering to sell the same. Provided, nothing in this section shall prevent the use of harmless coloring material used in coloring butter and cheese.

SEC. 4. No person shall mix any glucose, or grape sugar with syrup or sugar intended for human food; any cheese manufactured from skim milk, or from milk that is partly skimmed, shall be branded as skimmed milk cheese, when the same is offered for sale; or any oleomargarine, suine, beef fat, lard, or any other foreign substance, with any butter or cheese intended

Health Laws.

for human food; or shall mix or mingle any glucose, grape sugar, or oleomargarine with any article without distinctly marking, stamping or labeling the article or the package containing the same, with the true and appropriate name of such article, and the percentage in which glucose or grape sugar, oleomargarine, or suine, enters into its composition. Nor shall any person sell, or offer for sale, or permit to be sold or offered for sale, any such food, into the composition of which glucose or grape sugar, oleomargarine, or suine has entered, without at the same time informing the buyer of the fact, and the proportions in which glucose or grape sugar, oleomargarine, or suine, has entered into the composition.

SEC. 5. Any person or persons convicted of violating any of the provisions of any of the foregoing sections of this act, shall for the first offense be fined not less than ten dollars ($10), nor more than fifty dollars ($50). For the second offense they shall be fined not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or confined in the county jail not more than thirty days. And for the third, and all subsequent offenses, they shall be fined five hundred dollars ($500), nor more than one thousand dollars ($1000), and imprisonment [ed] in the State prison not less than one year nor more than five years.

SEC. 6. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Approved, March 25, 1882.

SEC. 4036. If any person fraudulently adulterate, for the purpose of sale, any drug or medicine, in such manner as to lessen the efficacy, or change the; operation of such drugs or medicine, or to make them injurious to the health or sell them knowing that they are thus adulterated, he shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed.-Code of 1873.

SEC. 4037. If any person fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, spiritous or malt liquor, or other liquor intended for drinking, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars, and the article so adulterated shall be forfeited and destroyed.-Code of 1873.

SEC. 4038. If any apothecary, druggist or other person, sell and deliver any arsenic, corrosive sublimate, prussic acid, or any poisonous liquid or substance, without having the word "poison" and the true name thereof written or printed upon the label attached to the vial, box or parcel containing the same, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. Any person who may dispose of at retail, any poisonous substance or liquid to any one, for any purpose, is hereby required to enter in a book, to be kept by such apothecary, druggist or other person so disposing, the name of the poison, when bought, by whom and for what purpose; and if the person who calls for such poison is not personally known to the vender, then such person

Health Laws.

shall be identified by some one known to the vender, whose name shall also be entered in such book. Any failure to comply with the requirements of this provision shall subject the party so failing to imprisonment in the county jail not more than thirty days, or a fine not exceeding one hundred dollars. -Code of 1873.

SEC. 4040. If any person wilfully sell, or keep for sale intoxicating, malt or vinous liquors, which have been adulterated or drugged by admixture with any deleterious or poisonous substance, he shall be deemed guilty of a felony, and upon conviction thereof, he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the penitentiary not exceeding two years.-Code of 1873.

FRAUDULENT BUTTER AND CHEESE.

[Chapter 22, Laws of 1886.1

As ACT to prevent deception in the manufacture and sale of imitations of Butter and Cheese.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That for the purposes of this act every article, substance or compound other than that produced from pure milk or cream from the same made in the semblance of butter and designed to be used as a substitute for butter made from pure milk or cream from the same is hereby declared to be imitation butter; and that for the purposes of this act every article, substance or compound other than that produced from pure milk or cream from the same made in the semblance of cheese and designed to be used as a substitute for cheese made from pure milk or cream from the same is hereby declared to be imitation cheese; provided that the use of salt, rennet, and harmless matter for coloring the product of pure milk or cream, shall not be construed to render such product an imitation.

SEC. 2. Each person who manufactures imitation butter or imitation cheese shall mark by branding, stamping or stenciling upon the top and sides of each tub, firkin, box or other package in which such article shall be kept and in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the name of the con tents thereof as herein designated, in printed letters of plain Roman type each of which shall be not less than one inch in length by one-half of one inch in width. Every person who by himself or another violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed two hundred and fifty dollars or by imprisonment in the county jail not to exceed sixty days.

SEC. 3. No person by himself or another shall knowingly ship, consign or forward by any carrier whether public or private any imitation butter or imitation cheese, unless the same be marked as provided by section two of this act; and no carrier shall knowingly receive for the purpose of forwarding or transporting any imitation butter or imitation cheese, unless it shall be