not less than 50 per cent for methods; milk must not contain more than 60,000 bacteria per cubic centimeter.

Grade B raw-Cows must be healthy, as disclosed by physical examination; farms must be scored not less than 23 per cent for equipment and not less than 37 per cent for methods; milk must not contain more than 200,000 bacteria per cubic centimeter. It is claimed that milk of all these grades should be delivered to the consumer within 36 hours of the time of milking.

Pasteurization.-To be pasteurized, milk must be subjected to a temperature of 142° to 145° F. for not less than 30 minutes. If the milk is then immediately chilled and further contamination prevented, it can no longer be considered dangerous to health. Milk which has been adequately pasteurized is considered the safest milk. We are informed that pasteurization destroys none of the constituents of milk. The taste and appearance of pasteurized milk differ but little from those of untreated milk. The purpose of pasteurization is to kill the harmful bacteria which milk contains. For adults, pasteurized milk is fully as nutritious as raw milk, and digestibility of the two is the same.

The board of health had power to make the regulation. Section 2 b of the public health law (Consol. Laws, c. 45) gives the public health council of the State department of health power to establish a sanitary code, which shall have the force and effect of law. Section 2 c of the public health law provides:

The provisions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the public health council supersede all local ordinances heretofore or hereafter enacted inconsistent therewith. Each city, town, or village may, in the manner hereinafter prescribed, enact samtary regulations not inconsistent with the sanitary code established by the public health council.

Section 21 of the public health law provides:

Every such local board [of health] shall make and publish from time to time all such orders and regulations, not inconsistent with the provisions of the sanitary code, as it may deem necessary and proper for the preservation of life and health and the execution and enforcement of this chapter in the municipality. The regulation is not inconsistent with any of the provisions of the sanitary code. The code contains certain provisions concerning the grading and sale of milk. Regulation 14 thereof provides as follows:

Supplementary regulations by local authorities.-The health authorities of any municipality may in their discretion increase the stringency of these regulations er add to them in any way not inconsistent with the provisions thereof, and may prohibit the sale, or the keeping for sale, within the municipality of any of the grades of milk herein defined.

The legislature in the exercise of its constitutional authority may lawfully confer on boards of health the power to enact sanitary ordinances having the force of law within the districts over which their jurisdiction extends, and the board of health of the city of Poughkeepsie had the power and authority to make the regulation. Polinsky . People (73 N. Y. 65); Fischer e. St. Louis (194 U. S. 361; 24 Sup. Ct. 673, 48 L. Ed. 1018); People ex rel. Lieberman v. Vandecarr (175 N. Y. 440; 67 N. E. 913; 108 Am. St. Rep. 781, affirmed 199 U. S. 552; 26 Sup. Ct. 144, 50 L. Ed. 305). This regulation is one among the many deemed necessary to provide for the people of the city a clean, pure, and wholesome supply of milk and cream, free from disease and germs. It is important to the whole community that the supply of milk and cream should not be contaminated with impurities or infected with disease, and that those selling milk should use all the precautions that a scientific investigation of the proper methods of treating milk to secure the result has found to be useful and efficient. It is the duty of the health authorities to see that this is accomplished by the establishment of such reasonable regulations as may be necessary to meet existing conditions and ward off impending dangers to the public health. In requiring the lower grades of milk to be pasteurized as a condition to the sale of milk in the city, the board of health acted within the scope of its authority. The requirement that the lower grades of milk shall be pasteurized is for the protection of public health, and

every reasonable effort in this direction should be encouraged. Mannix v. Frost (100 Misc. Rep. 36; 161 N. Y. Supp. 1050, affirmed 181 App. Div. 961; 168 N. Y. Supp. 1118).

The sanitary code was designed to protect the public health, and should receive at the hands of the court a liberal interpretation. People v. Frudenberg (209 N. Y. 218; 103 N. E. 166).

Every presumption is in favor of legislative acts, and they are to be upheld, unless there is a substantial departure from the organic law. People ex rel. City of Rochester

v. Briggs (50 N. Y. 553).

If the power to legislate exists, the court has nothing to do with the policy or wisdom of the interference in the particular case, or with the question of adequacy or inadequacy of the compensation authorized. Courts do not sit in review of the discretion of the legislature or determine upon the expediency, wisdom, or propriety of legislative action in matters within the power of the legislature. Every intendment is in favor of the validity of statutes, and no motive, purpose, or intent can be imputed to the legislature in the enactment of a law other than such as are apparent upon the face and to be gathered from the terms of the law itself. People v. Budd (117 N. Y. 1. 25; 22 N. E. 670, 682; 5 L. R. A. 559; 15 Am. St. Rep. 460); People ex rel. Bolton r. Albertson (55 N. Y. 50, 54). The same rule applies to ordinances of municipalities. Cronin . People (82 N. Y. 318, 323; 37 Am. Rep. 564).

The method of detecting tuberculosis in animals is by the injection of tuberculin, and is generally known as the tuberculin test. Agricultural law (Consol. Laws, c. 1), section 108. It is not necessary for the regulation to require that cows that react to the tuberculin test should be excluded from the herd, as such action is provided for by section 98 of the agricultural law, which provides:

If from such examination an animal be deemed to be infected with tuberculosis or any infectious or communicable disease, or its condition be such as to render it undesirable for the production of milk or a menace to the health of other animals or persons, such animal shall be immediately removed from the herd, slaughtered, or disposed of as the commissioner may prescribe, according to the provisions of this article.

The learned counsel for the relator stated at the hearing at different times that the milk dealers would suffer great loss of property by the regulation, and they would have to discontinue their business. The answer to all this is that when it becomes necessary for the health, safety, and welfare of the community, individual rights must give way. Courts will uphold the actions of public bodies when they perform their duties within the law, even though such actions may be in restraint of trade or may interfere with business interests. The lights, safety, and welfare of the community are paramount to that of individuals engaged in a business that might place in danger the lives of its citizens.

Writ dismissed: relator remanded.

DEATHS FROM INFLUENZA AND PNEUMONIA COMBINED, IN LARGE CITIES, DECEMBER 3, 1922, TO JANUARY 6, 1923. The accompanying table shows the number of deaths from influenza and pneumonia combined in certain large cities of the United States for the last four weeks of 1922 and the first week of 1923.

Tables showing the number of cases of influenza occurring in the States, as reported to the United States Public Health Service by the State health officers, covering the periods October 1 to December 23, 1922, and December 17, 1922, to January 6, 1923, were published in the PUBLIC HEALTH REPORTS for December 29, 1922, pages 32043205, and January 12, 1923, page 64.

Deaths from pneumonia (all forms) and influenza combined, in large cities of the United States, December 3, 1922, to January 6, 1923, inclusive.

Deaths from pneumonia (all forms) and influenza combined, in large ci'ies of the United States, December 3, 1922, to January 6, 1923, inclusive-Continued.

DEATHS DURING WEEK ENDED JANUARY 6, 1923. Summary of information received by telegraph from industrial insurance companies for week ended January 6, 1923, and corresponding week of 1922. (From the Weekly Health Inder, January 10, 1923, issued by the Bureau of the Census, Department of Commerce.)

Deaths from all causes in certain large cities of the United States during the week ended January 6, 1923, infant mortality, annual death rate, and comparison with corresponding week of 1922. (From the Weekly Health Index, January 10, 1923, issued by the Bureau of the Census, Department of Commerce.)

1 Annual rate per 1,000 population.

* Deaths under 1 year per 1,000 births-an annual rate based on deaths under 1 year for the week and estimated births for 1922. Cities left blank are not in the registration area for births.

Enumerated population Jan. 1, 1920.