{ title: 'The Pokeepsie evening enterprise. (Pokeepsie [i.e. Poughkeepsie], N.Y.) 1892-1918, August 27, 1917, Page 8, Image 8', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn90066261/1917-08-27/ed-1/seq-8/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn90066261/1917-08-27/ed-1/seq-8.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn90066261/1917-08-27/ed-1/seq-8/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn90066261/1917-08-27/ed-1/seq-8/ocr.txt', label: 'text/plain', meta: '', }, ] }
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MONDAY, AUGUST 27 , 1917 . THE EVENINfl ENTERPRISE. POUGHKEEPSIE. N. Y. MBJUBG® ' FLY BEATS DTOSTERS Comes in First Inning and Gives Fabrikoids Two Runs SCO‘RE” 2~T O 1 citUure and m a rkets. of foods and 26. Bureau! 27. Ollieers am i e IS. Salarie.s of a tics of commis- oflic'crs; Pow ers and sioner.s. General powers and duties of shall be so tranf:lerred. Services in the I location thereof, and so f a r as practicable § 33. D u ties of secretary. The secretary departm e n ts from which .such tran s fers I nnd nvailalile collect such like statistics ' of tlie departm e n t shall perform such du- are m.ido shall be, counted .‘services In | from w ithout the state, as are of value to j tics in connection w ith the m e etings of the dcp.irtm e n t of farm s Hind m a rkets, producers and consum ers within the state, the council and the investigations and ‘cil ” '■all ” “ssign ‘ ^ mmend useful hearings conducted by it iployees. i th e dcp.irtm e n t of farm s Bnd mt issioners and,' The coun sh a tho oiriccrs an d employees .so tran.sferred to duties in the publication departm ent. 31. Rules of conncil. 32. Enactir>c*nt and 33- D u ties of secretary. 31. Pow e rs and duties of counsel. 00 . Records, docum ents and papers of departm e n t. 36. Publication of departm e n t bul letins, publications and re- 37. A nnual reports; reports of in vestigations and proeeedin.gs. Sf>. Aece.ss to place of business. 39. Pow er to adm inister oaths and employf department. § 22. rom m isaioner m issionor of foods ncil of fa n of agriculture, < and m arkets. N e w h u r s h . An?;. 27.—A m lsjud.ged fly an d “T -efty\ K u s to n 's p i tc h in g defeated the Tivoli JlePcystera here vesterdav afternocn by a score of 2-1. The contest was a pitcliing: d u e l; all the w a y between Huston, the ’ pride of the Fabrihoids, and “Dub” Moore, the star hnrler of the Dutch ess County team. Roth pitched ef fective ball, allowing but five hits. the pow er of appointm e n t of a comm th e state , produce rs an d consum ers 6. Investigate and rccnmmi m ethods of co-operative production, jiim - keting and di.stribution of foods within the state and recommend to the legislature such rem edial legislation foods with! th e leglii require control and r the contro l a super- The F a e b i e s sco r e d w h a t p r o v e d to he the winmng runs in the first in n in g . M o o re h it r b a t t e r an d th e n p a s s e d an o t h e r . A lon g to th e o u t field w a s m 's.iudged by R o b b ins an d tw o ru n s w e re scored. .After th a t frame th e T ivo li h n r l e r w a s n e v e r in T h e v i s i t o r s sco r e d th e i r ru n in the fourth when Lowther lifted the hall out of th e gi'ounds to r a hom e r. T h e sco r e by in n i n g s : R. H. E. DePeysters . . o a fi i u o o i> n—i F a b r i k o id s . . . 2 d o 0 0 0 v 0 0 - 2 B a t t e r i e s — M o o re an d J . H u s t o n an d A. H u s to n . ets shall have of a oom m is- sioncr of agriculture and a commls.sioner of foods and m a rkets, who shall be per sons quaUnetl by exparienee .and training for the duties of their ofllcos. Each of such com m issioners shail hold office dur ing the pleasure of tlie council. § 13. Counsel and secretary. There shall be a coun.sol and a secretary of the de partm e n t to bo appointed by the council, each of whom shail servo during the p lcas- ui-e of the council. The counsel shall be an attorney and counselor a t li have been actually en ipel testim o ny. of his profes.sion for § 10. Department of farms and markets, ten years. j 8. Co-operate with and aid farmers and ^'iiere s-haii lie C l department of farms and § 21. Oaths of ofllcc. Each meinbor Of | other prodiicors Of food, and distrihutorg markets, wliich shall consi.st of two divi- the council, the commissioner of agrlenl- j and consumers thereof. In Improving and sion.s; the division of agriculture and the j ture, the comm issioner of foods and maP- j m a intaining OhOnotnlc and efllclont flVS- ilivision of foods and m a rkets. The head j kot.‘!, the counsel and the secretary shall, I terns of production, storage, distribution before entering upon the duties of their | and maclieting, and in reaching advan- oflices. take and .suliscribc the constitu- j tageous m a rkets. tional oath of otTlce. Such oath.s shall be j 9. A cquire and dissem inate accurate In- fded in the office of the seuretaiy of s tate. 1 form a tion as to m a rket prices of food § 2.7. ExLsting departm e n ts of agriculture | products in tho m a rkets of th e sta te and and of foods and m a rkets. The depart-/! any other m a rkets, when In the Judgm e n t m ent of agriculture and the departm e n t of of tho council such inform a tion will be foods and m a rkets, in existence when this valuable to th e producers or con.sumers of chapter takes effect, are hereby continued | tho state. as the division of agriculture and the divi- j lO. Acquire and publish useful inform a- i of foods and m a rkets, respectively, - tion to facilitate transportation, to avoid ire departm e n t of farm s and m arkets, ! Oehiys therein nnd upon request advi.se m e n t of the couni public Interests fo r vision thereof. 7. Aid in the organization and operation of co-operative associations and corpora tions am o n g producers and consum ers for the purpose of securing more direct busi ness relations and of facilitating exchanga betw een them , and also aid in and, on term s prc.‘!cribed by the council, sanction the nrganization and operation of co-op erative n.ss9ciations, corporations or other , ---- ' , A 77 agencies fo r the purpose of increasing the ;y a n d counselor a t law and shall ■ p roduction, im p roving the quality, grading actually engaged in r?»e practice I and bringing together of farm products a period of a t least j { qj - whole.s.ale m arketing. lerate with and f.-irnis and m a rkets. 5 11. C.umril of farm s and m a rkets; ap- poiutniont. The council of f.arms and m a rkets t’iiall conskt of one m em b e r from the s f ’tc a t large, the com m issioner of public m a r’.zets of the city of Now York, if any. .and one m em ber from each of the judicial so filled th a t imbcrsliip irlty, and the preparati der the provisions of council or under itj lion of rules chapter, a nder tho <lrec- the count ! of the < prescribe. U n d e r th o d iresident of the council ha general chai unexpired term s, shall be there shall alwav.s be in the m em bership of th e council a t least one resident of each of the judicial districts. The governor shall appoint the m em bers of such council to be first appointed here under, by and w ith the advice and consent eight, nine j first, nineteien who shall serve for ihroe, four, five, six, seven, a n d ten years, beginning April l hundred and setentcen, to de.signated by the governor w h en sueh ' appointm ents arc made. T h e ir successors shall lie elected by th e legislature in Joint session in th e second week in February, ihe fourteenth day of such ton troono i^'ginniog lection, the m a n n e r pro- the election of regents a or befiPre lonth, for term s of ten yea rs begh Sim m o n .s; on April first following their ele . ....................................be in tl W M S W 1 FROM ST. MARFS In a swatfest at Hustler Park yes terday afternoon the St. Mary’s nine of this city met cleieat at the hands of ‘ the Lincolns of Newburgh. The HiHy <rity crew- won by a score of 12-7. Carroll of tbe visitors poled a home run in the eighth with the bases filled. Tbe score by innings; Lincolns .... 1 .'11> 2 0 1 0 4 0—12 12 2 ■St Mary’s . .0 0 0 1 0 1 0 0—- 7 9 .7 Batteries—Murphy and Lamoree and Cook and .Moran. Such election shall vided by law for i Of tho university. vacancy in ccunci] for a can.se other t expiration of term shall be filled for the unexpired term by an election a t the ses sion of the legislature im m ediately fol lowing such vacancy, unless th e legisla ture is in session w hen stich vacancy oc- cirra, in which case th e vacancy shall be j filled by tb e legislature during such ses- I 5 12. Removal of m e m bers of ctpuncil. The m em bers of tho council m a y be re moved by the senate, on tlie recom m enda tion of the governor, for m isconduct or m alversation in office, if a m a jority of all tlic m em bers elected to the senate shall concur therein. The proceedings fo r such rem oval shall bo th e sam e as those pre scribed by law fo r th e remov.aI of elective .“ta t,' otru'crs, and the provisions of the puT'iic officers law relative thereto shall apply to tho rem o val of m em b ers of the council. 5 13. Organisation of council; committees. The council shall elect one of its mem b ers C a r r o ll; as president, and one of its m em bers as ^ vice-president. The president, and in his i.sence the vlce-prc.=iident. shall preside f council. alar meetings the council m LA W S O F N E W Y O R K — S y A u tho rity . ; m a ? CHAP. ff>2, 1 § 14 . Mectin.gs AN ACT in relation to farm s and m ar- ' shall hold regain kets, constituting chapter sixty-nino of and places as ' the consolidated laws. j spc' i.al meeti) Becam e a law .Tunc 9. 1917. w ith the ap- | called as proval of th e Governor. Pas.sed, three- council, fifths being pre.'^ent. j § i.i. Df legatic The People of tlie State of New York, j mav. by rule o represented in Senate and Assembly, do { delegat.'/ its powers to, enact as follows; ; to bo performed by, a meeting.s of tl ay provide for standing and other ittees, to con'iist of puch num b er r of The coui ding and othi J consist of such nu m b e to perform such duties ibed by its rules. The council such times direct, and in th e departm e n t o f farm s an d and the pow ers and duties of the sinner of agriculture and of tbe sioner of foods and m a rkets and the ju ris diction of the departm e n t of agricultun nnd of the departm e n t of foods and m a r kets. under law s in existence when this chapter takes effect, are hereby tran s f e r red to and imposed u; of farm s and mark* hipper.'; o r purc'hcci ;c t a n d ex p e d itio u s m a rket. commissi .suitable. upon reqiK s as to the n •oute of shipi shall ha- of the departm e n t, superintend its clcr business and perform such o ther duties Uie council m a y prescibe. § 34. Pow ers and duties of counsel. The counsel Of the department shall represent and appear for the departm e n t, th e coun- -c!l or a com m ittee thereof, and a commis- .sioner, in all actions and proceedings in volving any question under this chapter or w ithin th e jurisdiction of th e depart m e n t under any general o r special laW or under or in reference to any act, order or proceeding of or before the council, a com m ittee thereof, o r a commissioner, and shall, when directed, intervene. If possible, in behalf of th e departm e n t, th e council, a committeo thereof or a commi&sloner, in any action or proceedings involving or re- latinj? to any matter within the juriedio* tion of iiowers of th e d e p a rtm e n t as herein prescribed. H e shall a c t as counsel for the council, a com m ittee thereof or any officer of the departm e n t in th e conduct of a hearing, investigation or Inquiry in stituted under au thority of th e council or as provided In this chapter. H e shall ad vise the council, a com m ittee thereof, < com m issioner o r s ter shall be guilty of and punishable for perjury. A n officer who serves tho sub poenas issued as above provided and w it nesses attending in re.sponse thereto shall be entitled to th e sam e fees ed to officers and witnes:ses tions in courts of record. A rticle 3. Investigation; Practice and Procedure; V iolations; Penalties, tie >nse there to shs jes as are allow- 3 In civil ac tion s; Pen al Section SO. I n v e s tigations and proceedings 51. Im m u n ity of witne m m u n ity ( 52. P ractice on anoe and ex nesses. learlngs: attendi imlnation ofwit< 54. O rders and service thereof. 55. Review of rules or orders commission. 56. Review by court. 57. W h e n Injunction m a y be ob- . a co m m ittee thereo f o r a n y officer of th e d< hen so requested, in regard to all in connection w ith their pow ers ies, and perform generally all du ties and services as counsel ol wl h ich m a y reasonably be requi m e n t w commi.s.siors to avoid and prevent r diecrim ination in .such shipm e n t and un- ! reasonable delay in the tran!?portation 1 therrof. and to obtain fair and reaso n a b le! bel ipon the departmi and shall be assij ' agriculture and rti of foods and m a rkets, respectively, ; herein providerl. The office of superin- thermf. and to obtain fair ar lendent of w eights and measure.s, in exist- Kvte.s for such transportation, ence when this chapter takes effect. Is 12. Investigate delavs in tram hereby continued as a bureau in one of ' • ............................. the divisions of the departm ent, and the powers, duties and JurLstliction of the su perintendent of weight.\? and measure.s un der law s in existence when this chapter service ^ ^7 obtaining 'Icpartm e n t. ...... «blo, expeditious and economical facil- i ^ . ities fo r the «5hipmont of food, and recom - ‘ departm e n t relaling* to m a tters w ithii mend as to the action to be taken by such j jurisdiction and powers^ shall be publii commi.s.sions to avoid an d preve n t u n fair records; except such portions thereof receivet' lecords, docum e n ts and papers of !nt. All proceedings, docum ents, : filed or deposited w ' ‘ takes effect are hereby transferred to and imposed upon the departm ent, to bo as- sl.gned by the council to tho appropriate division. council § 26. B u reaus in divisions. The m ay establish such bureaus in each slon as m a y be necessary for thi tration and operation of and th e proper exercise the perform a n c e of its chapter, and adm inls- operatio n of the departm e n t of its pow ers and of a ready marl advisable ito delays in transportation, >od is likely to spoil for lack ■kct. take such action as facilitating the sale thereof. 13. Investigate and report to th e legif tu r e w h a t, if any. fu rth e r rem e d ial legis lation l.s necessary to prevent r e s tr a in t of trade or unlaw ful com binations to fix prices or modification of existing law.s as to such r e s tr a in t of t rad e or com binations. 14. Investigate as to the needs of term i nal. dock and other distributing facilities for the delivery and distribution of foods the ccntcr.s of population, and the may com such bureaus, and assign exisi to the appropriate dlvi.slons. Tho coui m a y determ ine the official functions of bureaus in each division. § 27. 003001*3 and be in each divisior o f its pow ers an d a t tb e cente rs o f population , an d th e es- duties, under this tablishm c n t and operation of co-operative lolidate or abolish ( o r public abatto irs for the slaughter of m ltry for food purposes co-operate w ith corpora ■Ipalitles or other a.gencici ;t1ng bill and advise ai tions and m unicipalities o r oth e r a.gi to prom o te their establi-shment, construc tion or acquisition for the public use and m a k e recom m endations as to the conduct „ accountants and 1 thereof, and when necessary recommend ler assistants and employees, as the | to th e legi.slature the enactm e n t of rem e - ;U deem necessary for th e exer- dial or enabling legislation therefor, powers and the pertormanc© of Ad\-ise and oo-oporate in establishing of such divisions, under th is ' lodal markets, and warehouses for assem- 'horo shall be a director of each 1 bling, grading,, park in g and storing food Ists, experts, statisticli iployees. There shall ' ich inspectors, chem- ' luntants a chapter bureau, who shall bo deemed to occupy a j farm products, w h enever confidential position to the council and the ) of th e council the pul commi!:sioner in charge of the division in i require such establishm e n t, which such bureau is included, and m a y 16. Co-operate w ith producers in th e c therefore be appointed w ithout compeitiv© I duct of experim e n ts and disseminate, exam ination. i form ation as to producing, assem bh pa rk in g a irm products, w hcnevi : of th e council th e i In the jud iblic Interes Irector of each bureau and the of- ficcr.*! and employees In each division shall be appointed by the council on the recom m endation or nom ination of th e commis- .sioner in charge of such division. The council m a y tran s fer officers or em- i th e council m ay direct an d ployees from their positions to other po- ing.s when authorized and sitinus in the tiepartm ent, or abolish or iscrihed in the rules of the | consoHd.ate such positions. E a c h com m issionerisioner m ay,ay, withith thehe approvalppi of the officer OP m w t a ion of power-s. The council ! council, remove from office ar Solution duly adopted, j employee in his divisk to, or direct its diitie.s : § 2S. Salaries rformeil by, a committee of m/>m- | ficeier.s; 3 AND M-VRIvETS I..AW. t title; definitions {§§ 1-3). lent of fa r comrnittee c m/>m- fic expenses. of commi.ssioners and of- i. The annual salaries of or both I the com m issioner of agriculture, the ■ or more j m issioner of foods and m a rkets, th e i ■ithith eitherither .sel ' I meniber.s of the louncil acting w e ! s and secretary, first appointed one or both commissioners, or w ith ' ................... - more direr ;ctor.s of bureaus. dutie.s of presidient, ers and duties r§§ 10-39). I. Investigation; practice and cednre; violation^; pens ' p resident of the , thorized by tho com 1 tlie m a rket authoritii s of presid incil may, whei mcil, co-op* of other 1 this chapter, sh all be fixed by the council, j .subject to tbe approval of th e governor. The I The annual salaries of such officers the) ? of oth e r states, of ent. Or of foreign ■e ready and benefl- 5. M iscellaneous provisions Article 1. Short Title: Definitions. Section L Short title. Z DefinUi &. M a tters of public intei in 1. Short title. This cha the federal governmer countries, for tbe more clal disposition of surplus food products (§5 100- state, or the distribution within th i s s tate of necessarj* food products from I such other states or countries, wnen not in contravention of the law s of this state or of the U n ited States. H e m a y also, when autliorizcd by the council, co-operate The annu a l salarie s of such officers lien au- . a f ter appointed shall be fixed! by the coui -te w ith cil, within the lim its of appropriatioi The salaries and compe: id emplo; Sectioi ter, ©rwise reifulrEd.; 1. “Dei>artment” me partm e n t of farm s and Jhort title. Th is c h a p ter shall the farm s and mxirlsets .law. be kno' . _______ f 1 Definltlcms. When used in this chap- r stated, Ol juncii c and m a rkets: 3. \Ocsnmissioiier” m e ans either the commissioner of agricultunB, or the com m issioner o f foods a n d m a rkets, or both of 4. Tih© term s “food,” ‘Sbods,” and “food iproducts,” shall Inclnde all articles used food, drtak, confectionery or tionery o r condi anim als, whethei m e n t by simple, mixed or compound; 5. T b e jtroduetton nf foods mea producing of food upon the farm <r Where by the tillage of th e soil, o) other states in seci propriate legislatior standaiirdization, — g: food products. S 17. Expense E a c h m em ber c 'hen a u tliorizcd by th e council, co-opei 'ith such authorities or other agenciei and ap- on as to tran s p o rtat r a d ln g and m a rketini of m em bers of council, the council shall be paid saary traveling and other expenses incurred while in attendance a t m eetings of th e council a t Albany or elsewhere, or while o t h e r w l^ engaged In th e perform - estab’Jshed and mainl in such places as the coui mine. The offices shall b< by the CouncI icil m a y dete stationery, office , to bo fum ished m o 61SO** I t »> agricultural. i or ptei Tieultnral, ds S 3. M a tters be supplied with j all necessary books, static I equipment and erne- i paid for ii Other I law. 5 19. Seal of d shall have an official and furnished by the secretaxy of state, I as provided by law. Such seal shall be ' used for the authentication of the orders (TKTro/? proceedings of the council and the . commlsskmers and for such other pur- i r cT ' poses as the council may ptescribe. . S Transfer c« property, records^ sans any agrici tural product. ^nstrum e n taliaes used In the production : thereof, Inchiding fertilizers feeding of agriculture, of the :!s, materials^ aj^Kiratus and machln used or ‘ p / o p - r tor en.our- Ptuffia. materials, apparatus and machlh\- . tu rk e t prices un( ontrolleil by specula- a, and to prevent fratids or other vio- ions of lav/ in the traffic therein, and fa r as m a y bo to ellmlnato w a ste c in dlrtribu along to the larkets. All ■>ropriT.tions m ade igrlculture, the dc Artlcla 2. lartment of Farms and Market-s; .sfllction; General Powers and Dutieri. ‘tion'' 10 . D e p a rtm e n t of farm s and m; marketK Of weighi ire, th e d e p a rtm e and for the stati Lrlment of :pended balances of ap- for the departm e n t of t of foods and made therefor. sation of all other officers an d employee; of the department shall be fixed by thi council, subject to such Ifmiitation. The reasonable and necessary traveling expenses of the commissioners, counsel and other officers and ?mployees of tho departm e n t, while ac- lually'engag* engaged In tho perform a n ce of their idede off thehe cityity off Albany, lbar te reason! tually duties, outsi o t c o A or If any such officer or employee be in charge of or regularly employed a t a branch of fice of th e departm e n t, th e reasonable and necessary traveling and other outside of the place office is located, shai ich such branch 1 he paid by the state treasu rer upon th e audit of the com p trol ler. upon vouchers approved by the presi dent of the council, or by a commissioner when airfchortzed by th e council. § 29. Pow e rs a n d duties o f commissioners. The coromiBsloner of agriculture shall bo the chief executive officer of the division of agriculture and the comm issioner of foods and m a rkets shall be the chief ex ecutive officer of the dlvislcm of foods and m a rkets, and subject to the provisions of this chapter and the rules of the council shall be responsible, prim arily, for tho en forcem ent and carrying into effect of tho laws, rules and orders pertaining to the powers and duties assigned, respectivelv, to such divisions. T h ey shall wlUiin their respective divisions tl) execute and carry into effect the recom m endations, orders amd directions of the couneil. (2) form u late, inaugurate and c a n y out the policies determ ined upon by the council, and (3) conduct such investigations or inquiries as m a y be directed by the counicil, or as m a y be required under the provisions of this chapter and the rules of the council. The council shall assign the w o rk of the departm e n t to such divisions and deter- mhie the pow ers to be exercised and the duties to be perform ed by each division. 5 30. General powers and duties of de partm e n t. Tho departm e n t through tho coancU and the appropriate divisions shall hav© power to: 1 . I2s:eci3te and carry Into efTect l Of tho State aM the rules of the grading, packU ^, llstrlbm ffig farm products, so as to dem o n s trate eco nomic and efficient methods, and to stand ardize th e grades of s u c h products and de term ine the cost of such production, as sembling, grading, packing, distribution and sale. 17. Investigate and report to th e legisla tu r e w h a t plan in tho Judgm e n t of tho council should ha established by law for the purpose of securing an am p le supply of pure m ilk in centers of population upon an economic basis of distribution and to aid in the accom p lishm ent of such pur pose wltiiin tbe provisions of existing law. 18. A scertain the nam es and addresses of producers, m a jiufacturers, im p o rters and distributors of food, the kind of food produced, m a n u factured, im o p rted or dis tributed by such persons, and to publish the sam e whenever in the Judgm ent of th e council public interests require or, up on reque.st, w hen in the public Interest, supply lists of such persons. 19. Make such recom m endations as In the judgment of tho council will stimulate and inoreapo the production of food and co-operate w ith public or private agencies for th a t purpose. 20. A c t as m ediator or arbitrator, when Jointly invited, in any controversy or is sue th a t m a y arise between producers and distribtitors of food. ' >*’21. Investigate, w h en deemed advisable, the conduct and m ethods of exchanges and boards of trad e within the state for th e purchase and sale of food, and m ake recom m endations to the legislature in re lation thereto. 22. Collect and publish d a ta concerning the purity, v/holesomeness, economia v alue and the nutritious and hygienic propertie; of food produced, .sold or available for sal< w ithin the .state, and forfor suchuch purposeurpose tto such fo< s p t inal.vze sam ples of 3. Investigate, when deemed advisable, to deceptions In the quality, quantity or character of foods produced, stored, sold or offered for sale w ithin the state, including the use of dyes and coloring m a tter; and if any such dec^-ptious con stitute crim inal violations, cause the nec essary prosecutions to be Instituted. 24. Co-operate w ith local health depart m e n ts and departm e n ts of m a rkets lu preventing the production, m anufacture, sale or offering for sale of fraudulent, deleterious or unwholesome food. 25. Investigate and take action to pre vent illegal acts or practices in the s.ale or distribution of food or of fertilizers, feeding stulT.s. material.s. apparatus and m achinery or other instrum e n talities used or ne-ded for the production, m arketing or distribution of food, and when neces- practiecs. S 31. R u le s of c( conform ity to the of the state, the c uncil. Subject and In con.stitution and law.-? mcil m ay enact, amend iws and repeal necessary rulo.s which shall icll, 1. Rc.gvdnte and control the transaction relative to agTicultnre. horticiziturc. farm cf by the council and tho dopixrt- ani;i dairy products, and the prndiictlnn, i ment. provide for the exercise of tho pow- transportation. storage, marketing and ' orn Z'nd the performance of the duties of distribution of food: enforce and carry i the clerarR'ient, the c mncil and the com- into effect <he provisions oif the law s of m iszi'ncrs. jinil prescribe the pow ers and the sta te rekitlve to weights and m eas- ! d u ties of the div!.sio:i.a of t’do defiartnient. the bnre.'-.tis of ‘•tjeh divisions and of the dlroi- nrs .and other offieors and employees fo r th e sta te superintendent j 2. Aid in the promotion and development dlro i-n rs u u / s s a^a°onS?i™ department of farms and markets, shall | and productzvenes.s of farm lands and the of the st-ate in respect of food and food be available for nnd expended by such 1 re storalion to fertility and prodnetivenesg itrallic: 'lepartment in c.arrying out the object.s j of zmocciziycd and unproductive lend; the j c. Regulate thee conduct off In—cj=-«s-a- ■filement of farm s and the supply of | tions, inquiries nn<l hearings authorized ill. Department or rarms ana mar- , department in c.qrrying out the object.s j of unoccuijicd and unproductive lend; the j s. Regulate th conduct o u , c ™ 5 . Of tarro. a , a ^ a ? ! S r appointm ent. of existing departm ents. Tho offlcer.s and j meat-producin.g and dairy anim als and | form.s and notice::; ; ■ed and accepted by th e couni com m ittee thereof or a commissioner, a s »lng of a confidentto.1 ndtur© which w hen ived and accepted shall n o t be sub- • subpoena. Copies of all official docum e n ts and orders so filed or deposit ed, certified by th e secretary under the seal of the departm e n t to be true copies of the origrinals, shall be evidence in like m a n n e r a.s the originals. § 35. Publication of departm e n t bulle- tin.s, publications and report!?. T h e re m a y be published by the departm e n t from tim e to tim e bulletins or other publications and reports containing accurate data, statistics .*uid Inform ation 1. As to agrriculture, agricultural pro duction, agricultural labor and the ag r i cultural conditions of the skate, and the developm ent and ^ Im p rovem ent ti^reof. With a view of increasing farm prodw tion and values; 2. As to the sources, supply and prices of foods, th e ir storage and accum u lation a t different places, and th e quantities and location of the available supply thereof; 3. As to th e m a rket prices of foods; 4. As to facilities afforded for transpor tation, m a rketing a n ti distribution of foods w ithin th e state; 5. As to matters pertaining generally to the production of foods, the actual food value of articles used as foods, and the sale and distribution thereof to th e consumers, f the council will the puh- h in the opinion o f 1 5 v aluable or of inter ter, the conclusions! tens involved there! •commendatii 7. As to a luncil deem reached as to the m at- !in, and the orders and lich the ch bulletins, publi and the inform ation contali shall be published and distrlbut* m a n n e r deemed best by the counc dissem ination of Knowledge as to t ricultural and dairy interests of thi and the production, sale, purchase, stor- larketing and distribution of s and reports alned therein bu te d in the •uncil for the •ubllcatlons 0 same manner ai such bulletins, pul shall be paid In tho expenses of the departm e n t out of appro priations m ade therefor, copies of the bul letins, publication and reports of tho do- departm e n t m a y be sold to the pubUc a t the estim a ted cost thereof, in accordance w ith a schedule of charges w hich the council is hereby authorized to adopt. I 37. Annual reports; reports of investi gations and proceedings. The council shall cause to be prepared and subm itted to the legislature eacli year, a report of the transactions of the departm e n t, including such p a r t of the acts and proceedings of the council as It deems advisable to in- ohide therein, together w ith such Ihfonna- tion, d a ta and statistics in th& possession of the departm e n t, as th e council shall deem of value to the legislature and the people of..._the state. Such report shall contain a general review of the w o rk of tbe departm e n t and of the divisions there of, and abstracts of investigations and hearings and copies of decisions and or ders rendered or issued by the council, a committee thereof, or a commissioner. Each commis.sioner shall report to the council annually, and a t such other tim es as the council m a y prescribe, as to t proceedings and w o rk of his division, ai all of such reports, or such portions ther of as the council m a y designate, shall t included in the report of the departm e n t to the Icgl.slature. Such report to the legislature shall also contain a statem e n t In detail of tlie ex penditures of moneys appropriated f o r the state fair commission, th e New York S tate zii.gT'icuUural Society, agricultural societies fo r t.i;e prom o tion of agriculture under a r ticle tw enty-five of tlii.s chapter and the New York state a.grieul turzzl experiment .‘•tation and other agrloultyrp.1 purpo.'^es. The council m a y require the S tate A g ri- lu ltu r a l Soi'iety and all other agricultural societies receiving m o n e y from th e state to m ake reports to it, anri m a y prescribe tho form of such reports, Access t'j place t-f business. Tl.e of the council the commlssloa- membor.s elicmlst.s, ageats Lploye*5s of the full tc all plTfCd of buslnc.tg, :run^, buildi-T^^s, can ■Is u-setl ■ islnc.'is. 1 f.k‘ prodtMtifin. miiiuj- s.tltv or transportatiin a0f*Afl'4 Ties, fan .‘•ml vessels i f.T'tTire, Ftovage. f witliin the .state of any dairy produc.,ij or any im itation there,/;, or of any aotlele or produce -vlth res-./tet of which e n .' au thority Is cor.ferml by thi.s chapter on the departm e n t. They m a y examtn.- nnd open any package or container o-; any kind containing or believed to contain any article or product, which m a y be rrianu- ffictureCi, a.alCl or exposed fe r sale in vio- '\Mon of the provisions of this chapter, of the nilcs of the council, and m a y Kemov! 13. Organization of council; com- 14. Meeting.^ of coui 15- D slegation of P' S . f-mployce.s of ture and of t 5 $ / . 5ter -oaths °timony. A member of the ci imi.ssioner, the secret.ary or o( FI departm e n t of foods nnd (and vcgetal/le.s. .and co-operate with conn. 1he t powers and pcr.v............ v. ............. .. , ^ , nployee.s appointed by him, shall, w ith- ' Ron.s or corporations, and Other agencies the enforcem ent of its pr./vlsions and tli» | laVil.6 j n reHtUffi B) any m.atter OF rtm en t of foods nnd insp.-et the contents •herefrom samples for § 09. Pow er to adm compel te°tim > slegation of powers, ipccial d'ltlea of prc'-'ldent. •Ixpense.s; of member.«! of eoun- 19. Offieer.s of departm e n t. 19 Peal of departm ent. 2U T ransfer of pr/tperty, records and approi a . T r a n s fer of ployees of 22. Commissioner of agri imis.sioner of foe pr/'pert ipria tions offieer.s and ei existing depai m eat-producin g and dairy anim a ls an d form.s and no tic e prornoflng the production of cerp.nl.g, fniit.s 4. Provide gene.-allv for the e.vercl.w of i and vcgetal/lc.s. .and co-operate with conn. 1he t powers and performance of the duti.e.s 1 ■•'a nf the department, or any ■ ■ ■ ...................................... Of the dcp.artment as prci-rlled In thb r employee duly aiithorizecn ch.apter and the law s of the state and for , \'*• ® th e enforcem en t of Itsi pr.ivlsions an d tli» | mVll'.S III proviaions of the rules enacted a.s herein | ^ . - .......................... ;.-r. Tho ..... th e Ot'im FiVf'ry su departm e n t nf farm s and m a rkets and smeh purpose‘- continue In office s.uhjeet to the pov/er of 3. Invp.stlgate the cost of food production removal or tho appointm ent of their sue- J and m arl etlng In all Its phases. ce.‘!«ors as provided in this aet. W here 4. Investigate the. source.*? of food supply exl'-tlng powf rs or duties of an officer or i far tho .‘.■late, the production, transporta- /m p loyee of the di p a rtm e n t of health arc 'tio n , storage, m a rketing and distribution by this chapter conferred or imposed upon , nf fotid sold, offered for sale, stored or the dcpurtnient of f.'irms .and market.s. | held w ithin the state, the cast of transpor- ruch officers and employee? shall, w ithout I t.ition to the leading centers of population rhangc of solary. be transferred to the dc- and of distribution to consumers. ___ _______________ . . . ............ .. ■riculturc; , .nsrtm ent of farm s nnd m a rkets. . The ' 5. Collect and di.seeminatei accurate data j jffcct tw e n ty days afterr publication in and ! civil service commission may. on request i end .statlsUfis as to tho food produced, : ;h© s tate paper, and shall bo certifle.l b.v . «f the council, determ ine which offieer.s : Biorol or held w ithin tho state, the quan- .he secretary of the departm e n t and filed n Counsel ^an^^.Secretary. i sad employees of the department of health titles available from time to tim e and the (vlth the secretary of state. 25 Existing departments of ngri- 1 1 1 f the commission her officer the conn- take affi- powers and under thi.s chap- a committee, or a lubp-Tcna and require ment or repeal of a rule nball be prom p tly 1 ’ m ining to the investigations and in- published in the buHct'i’*. of the depnH- i \’’•rics which such counsel, committee m ent and In the st'-te paper. Eve ry .such i ’'’mmis.rion.'r i.s authnri.ref to condu. endmndm entnt orr repealepeat Hnall. unless ‘ le s t ' te pap< j Kile, am e e o r i I jthcrw lse prescribe 1 by the : /e n ty day s afte ’•laining to th e Investigatio n s •irics which mis.'-.Ion.'r _ examine them in rela’lon to any mat- to he investigate*! by them and i.‘-.suo imi’'sioi.e, for the exam ination of wit- if the state or unable ? v/ho nro nut of attend before the commi set! Irom attendanc6. tained. 58. Penalties for violation of chap- 59. Penalty for violation of rule< or orders. 60. V iolation of chapter or rule a misdem eanor. 61. A ct of officer or agent deemed act of principal. 62. Prosecution for penalties. 63. Disposal of fines and moneys recovered. § 50. Investigations and proceedings. 1. The council, a com m ittee thereof, a com- misaioner, or any officer of the departm e n t w h e n authorized hy the council, m a y in vestigate and report as to all m a tters w ithin or pertaining to the powers and Juri.sdiction of th e departm ent, and for the purposes of carrying into effect the dsions of this chs ind the ings m a y Fgainst a. corporation, rson upon tbe w ritten executed ^ fondant by •eof, or a | outer door posting the same if the defendant’s violatloiiolation commissioner If authorized by the coun- I of business, or where such v was cil, under the seal of the department, or Is committed, or In the manner requlr- compelllng a compliance with such law or od by the code of civil procedurCj and tho rule. rules and practice of the court. Personal 2. Every/ such order shall be served ui>on service of the Injunction shail not be neg- every person, association or corporation assary when such service cannot be se- affected thereby, either by personal dellv- | cured with reasonable diligence, but the deemed he viola- for violation of chapter Every person violating 3^ o f this chai e r y of a certified copy thereof, or by m a il- service herein provided shall 1 ing a certified copy thereof with postage sufficient in any proceeding for prepaid to t h e person affected thereby, or ' tion of such injunctU in case of a corporation or association, to / § 58. \leer or agent thereof, upon whom a summons may be served in accordance With the provisions of tb® code of civil . 3. I t shall be t h e duty of the person, a s sociation or corporation upon whom such order is so served to notify the commis sion forthw ith. In writing, of A e receipt of such order, and in tho case of an associa tion or corporation such notiflication ? rules of th e council. / be instituted bi r of any othei ithin its Juris diction ; 2. Proceedii the council elation or pi plaint of any person or corporation ag grieved com p laining of practices in the production, sale, transportation, purchase, storage, m a rketing and distribution of foods. In violation of any provision o f an y provision of f th e council or of t.ie lued pui-suant to law nm ittee thereof ■ the rulep terms of an order issui by tbe council, a committee thereof or a commissioner, under the provision.^ of this chapter or of any other law the enforce ment of which is within the jurisdiction of til® department, or the rules of the council, made In conformity therewith. 3. Upon the presentation of such c( plaint the council may cause inquiries be made as to tho matters alleged therein and if such complaint appears to present a sufficient cause, for investigation a copy of such complaint shall be forwarded to the person, association or corporation complained of and answer may be made thereto in accordance with the rule: the council. 4. The council shall thereupon cause the charges presented by such complaint to be investigated as herein provided, and such action shall be taken as the facts justify and as may be authorized by law. § 51. Immunity of witnesses. No iierson shall be excused from testif.ving or from producing any books or papers in any in vestigation, hearing or inquirv, conducted pursuant to this chapter or the rules of the council, when directed to do so hy the officer presiding at such investigation, hearing or inquiry, upon the ground that the testimony or evidence, books or doci ments, required of him may tend to ii criminate him or subject him to penall or forfeiture; but no person shall be pro; ;uted, punished or subjected to pen: ’ forfeiture, for or on account’ of ; have testi- evidence produced im upon any - proceed- peraon so or forfeiture, for or on account' of any act, transaction, m a t t e r or thing concern ing which he shall under oath fled or produced docuraentar and no testim o n y so given ^hall be received against hli crim inal action, investigation ing. provided, however, th a t testifying shall be exem p t from prosecu tion or punishm e n t for any perjury com- n-fitted by him in his testim ony. ,5 52. Practice on hearings; attendance qnd examination of witnesses. 1. The practice on all conducted or ii chapter shall be gov( the council, and in all such hearings or investigations w h e re testim o n y Is taken, the council, a com m ittee thereof, commis sioner, or other officer conducting the same, shall not be bound by the technical rules of evidence. 2. All subpeenas shall be signed and is sued by the secretary of the departm e n t and may bo sert'ed by any person of full ago. The fees of witnesses shall be au- ever a subpeena Is issued a t the instance of a com p lainant, respondent or other p a r ty to the proceeding, the cost of the service thereof and the fees of the w lt- nesa s h a ll be borne by th e p a r ty a t whose instance the w itness is subpoenaed. A subcenae issued as herein provided shall be served in the sam e m a n n e r a s a sub- po/na issued out of a qpurt of record. 3. I f a person subpcefiaed to attend be fore the council, a com m ittee thereof, a commissioner or other officer of the de partm e n t, falls to obey th e com m and of such subpeena, w ithout reasonable cause, or if a person in attendance upon a n in vestigation or hearing shall, w ithout rea- lable cause, refuse to be sworn or to be iminecl or to ansv/er a questioi L question c when orderi examined or to answer a produce a book or paper, w to do by the officer or officers conducting such investigation or hearing, or to sub scribe and swear to his deposition after it has been correctly reduced to writing, if required so to do, he shall he guilty of a misdemeanor and may be prosecuted therefor in any court of competent crim inal jurisdiction. 4. If a person in attendance upon an in vestigation or hearing refuses without reasonable cause to be examined or to an swer a legal and pertinent question or produce a book or paper, w h en ordered so to do by the officer or officers conducting such investigation or hearing, the council, littee thereof or a contmissic • justice of the m ay apply to an y court upon proof b for an order• returnable in not less thai •re than five days directins to show cause before tbi suprem e tbe facts less th a n such person ju.stiee who m: Justice of tlie supreme should not be committed to jail: upon the return of . such order the Jurtlre before wliom the matter shall come on for hear- 'ng Shall examine under oath such pi ade tho order, or any other •urt, ivhy he whose testimony may he relevant, and .auch person shall be given an opportunity to be heard; and if the justice determine hat .such person has rofr onalfie rau.se or legal e an assoi i m u s t a person service. Wiiiim a time’ specified in the order, eveiTr person, association or corporation upon whom it is served m u st, if so required in the order, notify th e departm e n t In like m a n n e r w h e ther the term s of are accepted and will be on o r corporatio n sui 5 signed and a • d u ly ai o’ specified in the order, e elation or corporation igned and acknowledged by a officer duly authorized by such a i or corqioration to adm' iiiin a time’ specified in the o '. the order ion a hearing coi le or order compk is reasonable and valid it shall render decision ratifying or conflnming order; If it find that such rule or order treasonable or invalid, It shall revolce in forci ed therein or until changed or abrogated by th e council. *4. If such hearing is held before a com m ittee of t h e council or a commissioner, a the term ination ,„!i — recom- on which should be m a d e as to tho issues raised on such hearing. If the council find ui>on such report or upon a hearin g conducted by it, tliat the ru le o r ord e r complained of shall rend e r its r such rule rule or on shall revc ■ it, or substitute a new rule its place. If such modified or new order is substantially different > r u le or order complained of, the ffieoted thereby ma ay bring before council, by a new petition, in the m a n ner above provided, objections to its rea sonableness or validity. 5. The deci^on of the council shall be final, unless w ithin th irty daj/s after its issuance one of tbe parties shall institute a proceeding for the review thereof, as provided in the next section. § 55. Review of rules or orders by com mission. 1. A n y person, association or corporation claim ing to he adversely af fected by a rule or order of the council, a com m ittee thereof or a commissioner en acted o r executed under this chapter may, ly time, apply to the departm e n t hy order ii parties affected thereb y m the council, by a new petitii it an y tim e, app] 'erlfled petiti onableness o for a revi< alidity of 2. Such petition shal departm e n t and shall i be filed w ith the it f o rth in detail: ) the rule o r order upon which the hear- : is desired and in whi : respects it or Invalid, a claimed to fb) the is£ hearing. 3. The council shall, if necessary to de termine the issues raised, direct that a hearing be had before the council, a com m ittee thereof or a commissioner. If In the opinion of th e council the issues have been considered adequately in a prior pro ceeding under this chapter, the council m a y confirm the previous determ ination, w ithout a hearing. The council m a y di rect th a t all petitioners alleging the un reasonableness or invalidity of the same or substantially sim ilar rules or orders be joined in one proceeding. Notice of tbe lers and as a r e found to be inter the issues to be determini 1 other persons ited directly in led upon the hear- § 56. Review by court. Any person fected by a decision of the council i dered a s provided in the preceding sec partment shall, ties are herein penalty, to in, In the ! J ot :pt prescribe ecovered as provided here of not less th a n tw enty- than tweni, hundred five dollars nor m o re than dollars for the first violation, nor th a n two hundred dollars for the sec< and each subsequent violation. Wl nsists of the : I of any prohib - --------- „„„ _,..ng wlilcli or an. , -------- which sucli manufacture or production la carried on or continued, shall be deemed a separate violation. W h e n the violation | consists of the sale, o r th e offering or ex posing for sale qr exchange of any pro hibited article or substance, the sale of each one of several packages shall con- 1 stitu te a separate violation, and each day j on which any such article or substance ' offered or exposed for sale or exchar shall constitute a separate violation, the sale be of m ilk and i t be in cans, bot- ■ ties or containers of any kind and if the j milk in any one of such containers be adulterated, it shall be deemed a viola tion w h e ther such vendor be selling all th e m ilk in all of his containers to one person or n o t . ! \When the use of any such article o r substance is prohibited, each day during which or any p a r t of which such article or substance is so used o'r furnished for use, shall constitute a sepa rate violation, and the fum i^ing of the 3r use to each person to whom the same may be furnished shall constitute a separate violation. A right of action for the recovery of, or a liability for, penal ties incurred as provided in this chapter, or In any other law the enforcement of which is w ithin th e jurisdiction of the de partm e n t, m a y be settled or compromised under rules prescribed by the council, either before or a f te r proceedings are brought to recover such penalties, and •prior to the entrj/ of Judgm ent therefor. § 59. Penalty for violation of rule o r or der. Every person, association or cor poration and all agents, officers and em ployees thereof, shall obey every order m ade as provided In this chapter, so long as such order shall be in force. A per son, association or corporation who shall fail by himself, itself or through his or •gents, officers and employees, to obej order, of the council, a committet violate any subject to I commissioner, or who shall uie of the council onmeni ?red a s pro? may institute coun cl against nam e of the le. Such »r who shall icll shall he lect to a penalty not exceeding the of two hundred dollars for each and j every offense. Everj* violation of such I order, or of the rules of th e council, shall* be a separate and distinct offense, and irm case of a continulng_ violation, every d a y 'F continuance tjiereof' shall be a separata and di.stlnct offense. S § 60. Violation of chapter or rule a m ifj demeanor. A person who by himself another violates any of the provisions this chapter or of any other law the cn-» forcement of which is within the juri.s-B diction of the department, or of any law-B ful rule of the council is guilty of a mis-T demeanor, and upon conviction shall be] punished by a fine of not less than twen-1 ty-five dollars, nor more than two hun-1 dred dollars, or by imprisonment for not J than one month, nor more than six iths, or by both such fine and imprls- lent. for the first offense: and by not more than one year’s impri.sonment for the second offense. 5 61. Act of officer or agent deemed : of principal. In construing and enforci the provisions of this chapter relating i penalties, tho act of a director, officer, the preceding section , agent or other -person acting for or em- :e a proceeding for the review | ployed by a person, association or cor- •reof in the supreme court of the coun- , poration subject to the provisions of this ty of Albany or any county in wliicii the | chapter and acting within the scope of lil .shall have established a branch j his employment, shall be deemed the act Such proceeding shall be instituted , of such person, association or corporation, the council as respondent by pe- S'-! 62. Prosecution for penalties. 1. When- and on such notice as the court may ■ ever the council or a commissioner shall lirescribe. If reasonable grounds are | know or have reason to believe that any shown for a review of such decision, the | penalty has been incurred by any person court shall direct that within a specified J for a violation of any of the provisions of time a return be filed with the clerk of | this chapter, or of any other law the en- the court, containing a certified cony of i forcement of which is within the jurisdic- the testimony taken upon the hearing be- j tion of the department, or of the rules of fore the council, together with copies of i the commissiorf, or that any sum has been all 'papers, documents and records used ' forfeited by reason of any such violation, therein. If the decision sought to be re- i the council may cause an acti< viewed is one refusing a hearing on the, ! feeding to be brought in tlm : ground that the issues have been deter- ! People for the recovery of the mined in a prior proceeding, such return action may be brought m shall include a certified copy of the rec- j '''’“ere the violation, or any part thereol. ords of s-ucli prior proceeding. The court occurred. m a y of its own motion or upon motion of I ^ action for a penalty or forfelt- a p a r ty suspend the rule or order sought to ' p *\® incurred by reaso.n of the violation of be reviewed during the pendenev of the ! Provisions of this chapter or of any review, and unless so suspended the rule i or order shall remain in full fprce and ef- j r S ^ f ^ t F e ' ............... . , , . . . I com p laint charges a violation of anj* two The court shall thereupon determ ine the , q ,. more of such provisions, the plaintiff issues raised from the r e tu rn so made and i not be compelled to elect between it m ay, w h ere questions of fact arise ■ th e counts under such different provisions which were not raised or disposed of upon . b „ t shall be entitled to recover if it is the hearing, take additional evidence as to ; found t h a t a 7 /iolation of any of such pro- the m a tters involved in the proceeding. ' visions has been com m itted for which a The court m ay refer any issue arising in . p e n a lty o;r forfeiture is imposed. .such proceeding to tlie council for further j 3. I f ' the defendant In such an action consideration. At any tim e during such shall prove th a t during any portion of proceeding the p a rty applying for a re- j the time for which it is sought to recover View of the council’s decision m a y apply to penalties or forfeitures fo r a violation of the court, w ithout notice, for an order di- ! a rule or order of th e council, the de- recting all questions of fact arising upon ! fen'lant was actually and in good faith one or more .apeeified Issues, to be tried i prosecuting a suit, action or proceeding .and determ ined by a Jury, and the court j before the departm e n t or in the courts to Shall thereupon cause such questions to be j s e t a^ide such rule or order, the court plainly stated for trial, and the find- | shall rem it the penalties or forfeitures in- ings of the Jury upon such questions shall I curred during th e dependency of such ac he conclusive in the proceeding. ' proceeding. A proceeding instituted as pro-vided In , S 63. Disposal of fines and moneys re- this section sh.all have precedence over ; covered. All m oneys recovered, either as other actions and proceedings in the sam/- | penalties, forfeitures or otherwise, for the court In accordance w ith the provisions of ■ violation of any of the provisions of this subdivision one of section seven hundred , c h apter, or of any other law the enforce- and ninetv-one of the code of civil pro- , m ent of which is w ithin the jurisdiction cedure. ' i depaistment, or of the rules of the A p p eals from the suprem e court to the 1 council, and from fines imposed as a appellate division of the suprem e court i P’-mishment for any crim inal offense com- and to the eoui-t of appeals m ay be taken m itted in Violation Of the Provisions of in such casp.s and subject to the same [ *^his c h a p ter or of such law or rules, or of lim itations as in other cases. 1 th e penal law relating to the punshm e n t §r.7. When ininnctlon mav be obtained. crimmal offenPes committed m vioia- Tn an action in the suprem e court for tho ! t ’bu of th e provisions of law for the pre- recoverv of a penaltv or forfeiture incur- vention of frauds in the m a n u facture or rod for th e Violatiob of any of the pro- , any or th e articles or products to visions Of thi.s chapter, or of anv other 1 Fliicli this chapter relates, shall he paid law the enforcem ent of which is within I mb’ treasury of th e state. The sam e the jurisdiction of the dcoartm e n t, or of j disposal shall be m ade of all moneys re- the rules of the council,' an application ' covered upon any bond given by any offi- bp m ade on the p a r t of the people ' cer by virtue of the provisions of tills ly justice thereof for an | cb.apter. •_., ______ ___ rain the defendant, his! Article 4. ! agents and emplovec.s from the' further j Ui , ' ! violation of such provisions. The court or , sectio I justice to whom such application is made. ' \ Shall grant such Injunction on proof, by ; « , - “ r r “ T T “ of Th? “oiattoirtii/mrin if.; after an Invoetittatlon ot b o a rlns conduct- ; o r of n violation ol a n r curl, <)f a n y other act the amined. or to anjjwer a legal and peit-i- , mac m a y forthwith, oy warrant, commit the i n,-,/i offender ro jail, there to remain .submits to do the act which he w quired to do or is discharged a § 53.' Proceedii commcncp- Departments of Markets in Cities. ction 70. Definitions. 71. E s tablishm e n t of departm enf ot m a rkets. 72. Jurisdietion. / 71. Transfer of functions, powers officers and em- is -within i ment, an a stituted in er a penoU.v for .such violation or to com- : pel a compliance with .^ueh provisions, or ■ th prevent a continuance ot such violations. § E4. Orders and service thereof. 1. If it be ascertained afte r «n investigation hearing condueb^d as herein ^ provision of thi.s chapter or of any comffio with o r b - u i ’w of wh'ch is tw f Pi-, „ oP within the jurisdiction of the departm e n t -'r of the rule.? cf tho council Anv in- •fon. o r ’or or judgment obtrirc-J un- this section m a y be served on the de- 1 co.sts of the appli •d or refused in thi or justice. If the Judgment in the require! lay be granted the court c 1 recover J _ ion for any penalty or forfeiture (nanded in the complaint, the judgm ent \hall contain a perm a n e n t injunction, rc- p+raining tho defendant, hia \gents and employees from anv fu rth e r violation i such provision of thi.s chapi 75. Transf 76. Transfer of property, recoi and appropriations. 77. Transfer of markets. 7S. Dedication or p.cqui.sition ind f o r public m a r’itets. titn has failed to :if a violation ol .■/hapter or of a r inj* ot'nc- or 'ip.crri? law rc’at: to any m a tter w ithin tho jurisdiction of w ithout license prohibited: penalty. 84. Licenso of auctiorecr.s. 85. Suspension or rcvocaticn of li- ceti.?o of auctioneer. 86. Disposition of cor..sisr.mcnt of C ntiuucd on Page Nine)
