| Show fiGHTS FOR HIS MILK Merrill Merr ll Contends City Has No Right Bight to Bar His Con Condemned Condemned Condemned Product Products TOO THIN SAYS FRAZIER MILK MANS ATTORNEY CON CONSTRUES CONSTRUES CONSTRUES STATE LAW Backed by other dairymen who object to the tho activity of ot Food Inspector Walter WalterJ J 3 Fraser B C Merrill the milk man who Is charged with selling milk below the standard fixed by city ordinance Is going to make mako a test of at the validity of the Salt Lake pure food law In so far faras faras faras as It relates to the sale of ot milk Merrills attorneys Soren X Christen Christeneen Ben een en and Brigham Clegg havo have filed a demurrer to the tho complaint If It the de demurrer is not sustained by Police Pollee Judge Diehl DiehI It ft jury trial will be bo demanded Judge Jude DIehl DiehI yesterday afternoon heard arguments on the th demurrer Lawyer maintained that tho the state tate legisla legislature legislature ture turo had bad not granted the city authority to pass ordinances regulating the sale of milk He claimed chimed that Dairyman Mer Merrill Merr rill r lt had the right rl ht to bring his milk Into the tho city even een though thou h it were below the 12 1 per tr cent c nt standard fixed by the Salt Lake pure Ure food law Ia so long as ai the milk con contained contained tamed nothing injurious to public health Lawyer Christensen maintained that the court has decided that the tho city had no power to pass laws without au authority authority authority from the state legislature State Law Construed He declared that the Ule state law Jaw granting municipalities power to regulate the sale of provisions did not mention milk As the sale of butter is mentioned In the act lie Jle said the state legislature would certainly certainly certainly have nave caused milk to be included had llad it been b en the intention of the law mak 4 rs to give cities the right to regulate the sale of milk He insisted that if Merrill brought pure and unadulterated milk to the Ute market he had the right to kull It even though it St were below the 12 per Jer cent standard I Assistant City Attorney Attorn e Rogers In re reply reply reply ply to the arguments of the lawyers for Merrill said that it would be absurd to say that the state law Jaw did not give the ctt the right to regulate the tile sale of milk In the state law he said number or of articles of food were named including butter and that those omitted were in Inc c under the head of other provi provisions dons Ion Milk Ilk he said Is used as food for human beings and was clearly included ed d under tinder the state law Both sides are to submit briefs to Judge Diehl on the th points in law involved The case was continued without date |
