Melville Fuller

“ It shall be the duty of said chemist to analyze such fertilizers and products as may be required by the department of agriculture, and to aid as far as practicable in suppressing fraud in the sale of commerical fertilizers. He shall, also, under the direction of said department, carry on experiments on the nutrition and growth of plants, with a view to ascertain what fertilizers are best suited to the various crops of this state; and whether other crops may not be advantageously grown on its soil, and shall carry on such other investigations as the said department may direct. ”

“ Laws providing for the inspection and grading of flour, the inspection and regulation of weights and measures, the weighting of coal on public scales, and the like, are all competent exercises of that power, and it is not perceived why the prevention of deception in the adulteration of fertilizers does not fall within its scope. ”

“ The average farmer was compelled, without an analysis, to depend on his sense of smell, or his sucess or failrue during the previous year with the same brand or nm e, to determine the relative amounts of the essential ingredients, and the value of the materials. To protect agricultural interests against spurious and low-grade fertilizers was the object of this law, which simply imposed the actual cost of inspection, necessarily varying with the agricultural condition of the various years. ”

“ The court said: 'The statute, as its title indicates, was enacted for protection of farmers of this commonwealth against fraud and imposition of those having for sale commerical fertilizers. To accomplish that object, each one selling or offering for sale any fertilizer is required to submit a sample for analysis and test of its quality at the experimental station. For that pr pose only can the fees collected by the director be used, and in that way and to that extent only can farmers of the ommonwealth be benefited by the statute. ”

“ Where the subject is of wide importance to the community, the consequences of fraudulent practices generally injurious, and the suppression of such frauds matter of public concern, it is within the protective power of the state to intervene. ”

“ In August, 1890, the circuit court for the Eastern district of North Carolina (Bond and Seymour, JJ.) held that section 2190 of the Code, declaring that no commercial fertilizers should be sold or offered for sale until the manufacturer or importer obtained a license from the treasurer of the state, for which should be paid a privilege tax of $500 per annum for each separate brand, was in violation of the federal constitution, and void. American Fertilizer Co. ”

“ Each bag, barrel or other package of such fertilizers or fertilizing materials shall have attached thereto a tag stating that all charges specified in this section have been paid, and the state board of agriculture is hereby empowered to prescribe a form for such tags, and to adopt such regulations as will enable them to enforce this law. ”