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This bill provides that the Department of Agriculture be authorized to publish periodically bulletins of the Division of Zoology, not to exceed fifty thousand in number. The authority to publish such bulletins seems to be sufficiently given to the Secretary of Agriculture by the act of March 13, 1895, and by section ten of the act of February 7, 1905, to the Secretary of Agriculture and the Governor.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 78.

AN ACT

Amending section one of an act, entitled "An act to enable borough councils to establish boards of health, approved the eleventh day of May, Anno Domini one thousand eight hundred ninety-three.

Section 1. Be it enacted, &c., That section one of an act, entitled "An act to enable borough councils to establish boards of health," approved the eleventh day of May, Anno Domini one thousand eight hundred ninety-three, which reads as follows:

"That it shall be the duty of the president of the town council, or burgess where he is the presiding officer, of every borough in this Commonwealth, within six months after the passage of this act, to nominate and, by and with the consent of the council, to appoint a board of health of such borough, to consist of five persons not members of the council; one of whom shall be a reputable physician, of not less than two years standing in the practice of his profession. At the first appointment the president of the town council, or burgess where he is the presiding officer, shall designate one of the members to serve for one year, one to serve for two years, one to serve for three years, one to serve for four years, and one to serve for five years; and thereafter one member of the said board shall be appointed annually, to serve for five years. The board shall be appointed by districts to be fixed by the town council, representing as equally as may be all portions of the borough. The members shall serve without compensation," be and the same is hereby amended to read as follows:

The town council of any borough in this Commonwealth may, by ordinance, create a board of health, which shall consist of five members, who shall serve without compensation, and none of whom shall be members of the council. At least one of their number shall be a reputable physician, of not less than two years standing in the practice of his profession. The chief burgess shall nominate and, by and with the consent of the town council, appoint the members of the said board, and shall, in like manner, remove any and all of them for official misconduct or neglect of duty, and fill all vacancies for the unexpired term. At the first appointment, the said burgess shall designate one of the members to serve for one year, one to serve for two years, one to serve for three years, one to serve for four years, and one to serve for five years; and thereafter, one member of said board shall be appointed annually, to serve for the term

of five years. The board shall be appointed by districts, to be fixed by the town council, representing as nearly as may be all portions of the borough, and shall serve for regular terms of five years from the first Monday of April succeeding their appointment, except those who are appointed for shorter terms upon the first organization of the board.

Commonwealth of Pennsylvania,
Executive Department,
Harrisburg, May 1, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, House bill No. 125, entitled "An act amending section one of an act, entitled 'An art to enable borough councils to establish boards of health,' approved the eleventh day of May, Anno Domini one thousand eight hundred ninety-three.”

The subject of the proposed amendment is not set forth in the title, as required by Article III, Section 3, of the Constitution. For this reason the bill is not approved.

SAML. W. PENNYPACKER.

No. 79.
AN ACT

To prohibit the adulteration of milk and cream, and providing the method of procedure for the enforcement thereof.

Section 1. Be it enacted, &c., That the sale or offering for sale of milk or cream, for human consumption, in this Commonwealth, to which has been added formaldehyde, sulphurous acid or sulphites, boric acid or borates, salicylic acid or salicylates, benzoic acid or benzoates, saccharin, dulcin, glucin, beta-naphthol, abrastol, asaprol, fluorides, fluoborates, fluosilicates, or other fluorine compounds, or any other foreign substance or preservatives, shall be a misdemeanor. Section 2. Any person, and any agent, servant or employe of such person, and any officer, member, agent, servant or employe of any corporation or partnership, who violates any of the provisions of this act shall forfeit and pay not less than sixty dollars nor more than one hundred dollars, with the costs, or undergo an imprisonment not exceeding sixty days, or both, at the discretion of the justice of the peace, alderman or magistrate before whom any prosecution under this act may be brought; and justices of the peace, aldermen and magistrates, throughout the Commonwealth, shall have jurisdiction to hear and determine all prosecutions which may be brought under this act: Provided, however, That either party may appeal to the court of quarter sessions of the county in which the prosecution has been brought, upon the allowance of any judge thereof, upon cause shown.

Section 3. Every person offering or exposing for sale, or delivering to a purchaser, any milk or cream shall furnish to any person interested or demanding the same, who shall apply to him for the purpose and shall tender him the value of the same, a sample of such milk or cream which is in his possession; but the person so purchas

ing any milk or cream, with the intention of detecting any violation of this act, shall, after the purchase shall have been completed. divide the sample of milk or cream into two equal parts, to be then and there separated, and each part to be marked and sealed, and shall deliver one of the parts to the seller or his agent.

Section 4. It shall be the duty of the Dairy and Food Commissioner to enforce the provisions of this act, for which purpose he shall have the same powers which are given him to enforce the provisions of the act authorizing his appointment.

Section 5. All penalties or fines which may be recovered in any proceeding to enforce the provisions of this act shall be paid to the Dairy and Food Commissioner or his agent, and by him paid into the State Treasury, and the money so paid shall constitute a special fund, for the use of the Dairy and Food Commissioner in enforcing this act and all other acts of Assembly relating to the adulteration and sale of food commodities, and may be drawn out of the State Treasury upon warrants signed by the Dairy and Food Commissioner or the Secretary of Agriculture, and approved by the Auditor General.

Section 6. All acts and parts of acts, general or special, appertaining to the subject matter covered by this act, be and the same are hereby repealed.

Commonwealth of Pennsylvania,

Executive Department,
Harrisburg, May 1, 1905.

I file herewith, in the office of the Secretary of the Commonwealth, with my objections, Senate bill No. 280, entitled "An act to prohibit the adulteration of milk and cream, and providing the method of procedure for the enforcement thereof."

This bill provides "that the sale or offering for sale of milk or cream, for human consumption, in this Commonwealth, to which has been added formaldehyde, sulphurous acid or sulphites, boric acid or borates, salicylic acid or salicylates, benzoic acid or benzoates, saccharin, dulcin, gluein, beta-naphthol, abrastol, asaprol, fluorides, fluoborates, flucsilicates or other fluorine compounds or any other foreign substance or preservatives, shall be a misdemeanor." It is a little difficult to understand why the limitation "for human concamption" is made in this provision of the bill. Milk and cream, and especially the latter, are very seldom used for any other purpose. Occasionally the agents of the Dairy and Food Division of the Agricultural Department buy these articles for the purpose of analysis, in order to ascertain whether or not they have been adulterated, and perhaps it might be held that such a purchase was not for human consumption. I am informed that this conclusion was reached in a few decisions in courts in the interior counties of the Commonwealth; but if we are to suppose that the milk or cream is sold for consumption by hogs, or in any other way, why should it contain any of these numerous chemicals which are never found present when it is in the natural condition? The safer and better course would seem to be to prevent their use, no matter how the milk or cream is expected to be consumed. Section three provides that "every person offering or exposing for sale, or delivering to a

purchaser, any milk or cream shall furnish to any person interested or demanding the same, who shall apply to him for the purpose and shall tender him the value of the same, a sample of such milk or cream." There would be practical difficulties in carrying out the directions of this section. The milk or cream which has been bought by the purchase, certainly if it has been delivered, belongs to the purchaser. How could the vendor take a portion of this milk or cream and sell it to some one else who may demand it, even though the latter should tender him the value? If it be said that the sample could be taken from the receptacle in the possession of the vendor, how can it be known that this receptacle contains any more milk? It may have been all sold, or the milk, as often occurs, may be milk which has been sold by the bottle. If it be said that the sample could be taken from some other bottle or receptacle, how could it be told that the sample was a sample of the milk which had been sold? Section five provides, "all penalties or fines which may be recovered in any proceeding to enforce the provisions of this act shall be paid to the Dairy and Food Commissioner, or his agent, and by him paid into the State Treasury, and the moneys so paid shall constitute a special fund for the use of the Dairy and Food Commissioner." Legislation has been passed at the present session requiring the Dairy and Food Commissioner to pay the fines collected by him into the Treasury of the Commonwealth, for the use of the Commonwealth, and providing for the needs of his division by an appropriation. This section would be inconsistent with such legislation, and a continuation of the fee system which it is desirable to avoid.

For these reasons the bill is not approved.

SAML. W. PENNYPACKER.

No. 80.

AN ACT

To amend the first, twelfth, thirteenth, fourteenth, fifteenth and sixteenth sections of an act, entitled "An act relating to the Public Grounds and Buildings; defining the powers of commissioners; authorizing the Board of Commissioners to carry into effect the provisions of section twelve, article three of the Constitution relative to contracts for stationery, supplies, fuel, furniture, furnishings, distribution of documents, repairs, alterations or improvements, and other matters needed by the Legislature, the several departments, boards and commissions of the State Government and Executive Mansion; authorizing the appointment of a Superintendent, and defining his powers, authority and duties; and providing for the appointment of subordinate officers required by this act, and fixing the compensation of the same,' approved the twenty-sixth day of March, Anno Domini one thousand eight hundred and ninety-five; further providing for the custody, maintenance and protection of the Public Grounds and Buildings.

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Section 1. Be it enacted, &c., That section one of an act, entitled "An act relating to the Public Grounds and Buildings; defining the power of the Commissioners; authorizing the Board of Commissioners to carry into effect the provisions of section twelve, article three of the Constitution relative to contracts for stationery, supplies, fuel, furniture, furnishings, distribution of documents, re pairs, alterations or improvements, and other matters needed by

the Legislature, the several departments, boards and commissions of the State Government, and Executive Mansion; authorizing the appointment of a Superintendent, and defining his powers, authority and duties, and providing for the appointment of subordinate officers required by this act, and fixing the compensation of the same," approved the twenty-sixth day of March, Anno Domini one thousand eight hundred and ninety-five, which reads as follows:

"Section 1. Be it enacted, &c., That the Governor, Auditor General and State Treasurer shall constitute a Board to be known as the Board of Commissioners of Public Grounds and Buildings, and who shall have entire control and supervision of the public grounds and buildings, including the Executive Mansion, and all repairs, alterations and improvements made and all work done or expenses incurred in and about such grounds or buildings, including the furnishing and refurnishing of the same, and are authorized to enter into contracts for stationery, supplies, furniture, distribution of documents, fuel, repairs, alterations or improvements, and other matters needed by the Legislature, the several departments, boards and com missions of the State Government, and Executive Mansion," be and the same is hereby amended so as to be and read as follows:

Section 1. Be it enacted, &c., That the Governor, Auditor General and State Treasurer shall constitute a Board, to be known as the Board of Commissioners of Public Grounds and Buildings, and who shall have entire control and supervision of the public grounds and buildings, including the Executive Mansion, and all repairs, alterations and improvements made and all work done or expenses incurred in and about such grounds and buildings, including the furnishing and refurnishing of the same, and are authorized to enter into contracts for stationery, furniture, distribution of documents, fuel, repairs, alterations or improvements, and other matters needed by the Legislature, the several departments, boards and commissions of the State Government, and Executive Mansion. The said Board of Commissioners of Public Grounds and Buildings shall appoint a secretary, who shall receive a salary of five hundred dollars per annum.

Section 2. That section twelve of the said act, which now reads as follows:

"Section 12. The Board of Public Grounds and Buildings shall appoint a competent bookkeeper, at a salary of fifteen hundred dollars per annum, and a night watchman, at a salary of nine hundred dollars per annum," be and the same is hereby amended so as to be and read as follows:

Section 12. The Board of Public Grounds and Buildings shall appoint an assistant superintendent, at a salary of eighteen hundred dollars per annum; an experienced and competent bookkeeper, at a salary of fifteen hundred dollars per annum; a night watchman for the store-room and department, at a salary of fifteen hundred dollars per annum; a messenger, at a salary of nine hundred dollars per annum, and an assistant messenger, at a salary of four hundred and eighty dollars per annum.

Section 3. That section thirteen of said act, which now reads as follows:

"Section 13. That the Superintendent so appointed shall have im

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