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ILLINOIS LEGISLATION IN 1907.

Summary of important laws passed by the 45th general assembly at its regular biennial session. ACCUMULATION OF TRUSTS.

No person or persons shall by any deed, will or otherwise dispose of any real or personal property in such manner that the rent, issues, profits or produce thereof shall be wholly or partially accumulated for any longer term than the life or lives of the grantor or grantors, or for any longer than the term of twenty-one years from the death of any such grantor, devisor or testator, or for any longer than during the minority or minorities of any person or persons who shall be living at the time of the death of such grantor, or for any longer than during the minority only of any person who, under the uses or trusts of the deed or will, would, for the time being, if of full age, be entitled to the rents, issues and profits or the interest, dividends or annual produce so directed to be accumulated. (Approved May 24, 1907.)

EDUCATIONAL COMMISSION.

The governor shall nominate and appoint six persons representing the various phases of educational work in the state, who, together with the superintendent of public instruction, shall constitute a commission to be known as the educational commission. It shall be the duty of its members to make a thorough investigation of the commonschool system of Illinois and of such other school systems as may be deemed advisable and submit to the 46th general assembly a report, including such suggestions, recommendations, revisions, additions, corrections and amendments as they may deem necessary. (Approved May 25, 1907.)

STATE BANK LAW.

Sections 4, 5, 10 and 11 are amended substantially as follows: Each director shall take an oath of fealty to the bank with which he is connected that he will diligently perform his duties as director; that he will not violate nor knowingly permit any violation of the state banking law, and that he is the bona fide owner of ten shares of the capital stock of the bank. This oath shall be filed in the office of the state auditor. The auditor may refuse to allow a new bank to begin business when he is not satisfied with the personal character of the officers and directors.

The total liabilities to any bank of any person, corporation or firm for money borrowed shall at no time exceed 30 per cent of the capital actually paid in. Every loan made in violation of this provision shall be due and payable according to its terms, but every director who permits or assents to such violation shall be held liable in his personal capacity for all damages resulting to the bank in consequence.

It shall not be lawful for any bank to loan to its president or other officers or employes or to corporations or firms controlled by them until an application for such loan shall have been first approved by the board of directors. The state auditor is given the power of summary suspension of a bank under suspicion.

LOCAL-OPTION LAW.

Upon the filing of a petition signed by not less than one-fourth of the legal voters in any political subdivision or district to submit to the voters the proposition, "Shall this [district] become antisaloon territory?" the proposition shall be so submitted, and if approved by a majority of those voting thereon the district shall become antisaloon territory on the thirtieth day after the election: It shall not be lawful to sell liquor or to grant any license for selling liquor in such territory. Fines of from $20 to $200 and imprisonment of from ten to ninety days are provided for violators of the law. The giving away or delivery of any intoxicating liquor, or the taking of orders at or within antisaloon territory, or other device to evade any provision of the act shall be held to be unlawful selling. All places where intoxicating liquor is sold in violation of this act shall be held to be common nuisances and may be abated as such. Any person keeping such place is subject to fines of from $50 to $100 and to impris

onment for twenty to fifty days. In all prose-
cutions under the act it shall not be necessary
to state the kind of liquor sold, nor to describe
the place where sold, nor to show the knowledge
of the principal, to convict for the acts of an
agent, but it shall be sufficient to state in that re-
gard that the act complained of took place in the
antisaloon district. Druggists may be granted
licenses to sell liquor for medicinal, mechanical,
sacramental and chemical purposes only, providing
they keep books showing the name of purchaser
and other details of each sale. (Approved May
17. 1907.)
TWO-CENT-FARE LAW.

It shall hereafter be unlawful for any corporation or company engaged in the carriage of passengers upon any railroad between points in this state to charge in excess of 2 cents per mile for the carriage of adult passengers, where a passenger has purchased a ticket entitling him to carriage, or in excess of 1 cent per mile for the carriage of a passenger under 12 years of age, where such passenger has purchased a ticket entitling him to carriage; provided, that the charge in no case shall be less than 5 cents, and in determining the charge fractions of less than one-half mile shall be disregarded and all other fractions counted as a mile. If any passenger shall have failed to purchase a ticket entitling him to carriage, a rate of 3 cents a mile may be charged. For any violation of this act such corporation or company shall pay a penalty of not less than $25 nor more than $100. (Approved May 27, 1907.)

TEACHERS' PENSION FUND.

There shall be created in cities having a popu lation exceeding 100,000 a public school teachers' pension and retirement fund to be managed by a board of nine trustees, two of whom shall be members of the board of education and seven of whom shall be elected by the teachers. The gen

eral provisions of the act are similar to others establishing pension funds for city employes. (Approved May 24, 1907.)

PENITENTIARY COMMISSION.

The governor shall appoint a commission of three, to be known as the penitentiary commission, whose duty it shall be to select and obtain for the state a suitable site for the relocation of the Illinois state penitentiary and the Illinois asylum for insane criminals at or near the city of Joliet. The site must contain not less than 2,000 acres in one body. After it has been acquired the commission shall have charge of the preparation of the plans for the necessary new buildings and their erection, the total cost of which, together with the cost of the site and of a system of sewerage and water supply, shall not exceed in the aggregate $2,000,000. In the construction of the buildings convict labor may be employed as far as practicable. (Approved June 5, 1907.)

HOMES FOR CHILDREN.

The board of county commissioners or board of supervisors in any county shall have the power to establish a detention home for the temporary care of dependent, delinquent or truant children and to levy a tax for its establishment and maintenance; provided, this act is adopted by a majority of legal voters of the county in which it is proposed to establish such a home. (Approved May 13, 1907.)

CARE AND CURE OF THE INSANE. The state commissioners of public charities are required to divide the state into districts for the purpose of regulating the admission of patients into state hospitals for the insane. Provision is made for transfers from one district to another, for the erection of additional buildings where more room is needed and for the proper clothing and care of patients under all circumstances. (Approved June 4, 1907.)

THE FLAG AND ADVERTISING.

The desecration, mutilation or the improper use of the United States flag or any state flag of Illinois by placing upon it any advertising or using it in connection with advertising of any kind is prohibited under penalty of a fine of from $10 to $100 and costs or imprisonment for thirty days or less, or both. (Approved May 25, 1907.)

REGISTRATION OF NURSES.

The governor shall appoint a board of five graduate nurses to be known as the state board of examiners of registered nurses, whose duty it shall be to establish a uniform and reasonable standard of instruction in training schools for nurses, determine the reputability of such schools, hold examinations for the registration of nurses and issue certificates to each duly qualified applicant. Every applicant for registration shall be at least 23 years old and of good moral character. The fee for acting on an application is $10. Prior to July 1, 1910, nurses who are otherwise qualified and have graduated from reputable training schools shall be entitled to registration without examination. (Approved May 2, 1907.)

FEES OF STATE'S ATTORNEYS.

Each state's attorney in counties of the third class (Cook county). hereafter to be elected, at the end of each quarter of the year after entering upon the duties of his office and within ten days after the expiration of his term of office shall pay all fees collected into the county treasury. (Approved May 17, 1907.)

COOK COUNTY SALARIES.

The clerks of all courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county shall receive the following salaries, to be paid out of the fees of their respective offices actually collected: Clerks of Circuit, Superior, Criminal and Probate courts, $5,000 each per year; county clerk, $2.000 per year; county treasurer, $4,000: sheriff, $6,000; coroner, $5,000; recorder of deeds. $9.000. Books showing fees of each office are to be kept and all balances paid into the county treasury. (Approved May 17, 1907.)

SALARY OF STATE'S ATTORNEY.

The state's attorney of Cook county shall be paid by the county, in addition to the salary which may be paid him by the state, such compensation as will make his salary $10,000 a year, which shall be in full payment for all services rendered by him. (Approved May 17, 1907.)

SALARIES OF STATE OFFICERS.

There shall be allowed and paid an annual salary, in lieu of all fees and other forms of compensation, to each of the officers named, as follows: To the governor, together with the use of the executive mansion, $12,000; to the lieutenant-governor, $2,500; to the secretary of state. $7,500; to the audi. tor of public accounts, $7,500; to the treasurer, $10,000 to the superintendent of public instruction. $7,500 to the attorney-general, $10,000. (Approved June 4, 1907.)

MINORS IN DANCE HALLS.

It shall be unlawful for any owner, agent or lessee of any public dance hall where intoxicating beverages are sold or given away to permit any minor unaccompanied by his or her parents to enter and remain in such hall. Any person violating this law is subject to a fine of from $25 to $200 for each offense. (Approved May 17, 1907.)

SALOONS NEAR MILITARY POSTS.

On and after Jan. 1, 1908, it shall be unlawful to sell or give away any intoxicating liquors within one and one-eighth miles of the land used by the United States for a naval training school or military post in this state. Any person violating this act is subject to a fine of from $25 to $200 and imprisonment for not less than ten days for a second or subsequent offense. (Approved May 17, 1907.)

FACTORY INSPECTION.

There is created a department of the state government to be known as the "Illinois department

of factory inspection." The governor shall appoint a chief state factory inspector, whose duty it shall be to secure the enforcement of all laws relating to the inspection of factories, mills, mercantile establishments, workshops and commercial institutions. His salary shall be $3,000 a year and his term four years. The governor shall also appoint an assistant chief factory inspector at a salary of $1,500 a year and twenty-five deputy factory inspectors at $1,200 each per year, and an attorney for the department at a salary of $1,500 per year. The state shall be divided into inspection districts and a deputy inspector shall be assigned to each by the chief inspector. (Approved June 3, 1907.) ACCIDENT REPORTS.

It shall be the duty of a person or firm employing laborers, artisans, mechanics, miners, clerks or other employes to make report to the state bureau of labor statistics of every serious injury entailing a loss of thirty or more days' time, injury or death of every employe caused by accident while in the performance of his duty within thirty days after such accident. (Approved May 24, 1907.)

PROTECTION OF STRUCTURAL WORKERS. This act makes elaborate provisions for the safety of persons engaged in the construction of buildings, bridges and viaducts by requiring proper scaffolding, ladders, floors, placards and other devices. (Approved June 3, 1907.)

SAFETY OF COAL MINERS.

Various acts providing for the health and safety of persons employed in the coal mines of the state are amended in the direction of further precautions against accidents. The limit of recovery for death in mine accidents is raised from $5,000 to $10,000.

COOK COUNTY ACCOUNTS.

In Cook county there is created the office of auditor, who shall be appointed by the president of the county board, and there shall be installed by the county board a uniform system of books of account, forms, reports and records to be used by every officer in Cook county. The auditor shall audit from day to day the receipts, reports and business transactions of the various offices and make monthly and semiannual reports to the county board. (Approved May 24, 1907.)

SUPERIOR COURT JUDGES.

The twelve judges of the Superior court of Cook county shall be elected as follows: Six on Tuesday next after the first Monday in November, 1910, and every six years thereafter; four in November, 1911. and every six years thereafter; one on the first Tuesday in April, 1907, and every six years thereafter, and one on the first Monday in June, 1909, and every six years thereafter. (Approved Feb. 16. 1907.)

CIGARETTES.

Every person who shall manufacture, sell or give away any cigarette containing any substance deleterious to health, including tobacco, shall be fined not more than $100 or imprisoned not to exceed thirty days. Every person under the age of 18 years who shall smoke cigarettes in any public place shall be guilty of a misdemeanor and be fined not to exceed $10 for each offense. Every person furnishing cigarettes to any person under 18 years shall be guilty of a misdemeanor and be fined not exceeding $50 for the first offense and not exceeding $100 for the second and every additional offense or imprisonment not to exceed thirty days for each offense. (Approved June 3, 1907.)

ILLINOIS CENTRAL SUITS.

The sum of $50.000 is appropriated to the attorney-general to be used in the employment of special counsel and assistance in the case of the state of Illinois against the Illinois Central Railroad company pending in the Supreme court of Illinois. (Approved March 19, 1907.)

The sum of $100,000 is appropriated to the governor to be used by him in the investigation and examination of the accounts of the Illinois Central Railroad company and for the purpose of ascertain

ing the total amount of proceeds, receipts and income of the company derived from its charter lines, to be used in connection with the case of the state of Illinois against the company. (Approved March 19, 1907. The state claims that the company owes it $5,000,000 revenue on its charter lines.)

SANITARY DISTRICT ACT.

The sanitary district act of 1889 is revised, the most important change being in section 12, which is amended by increasing the tax levy limit from 2 per cent to 1 per cent. The corporation may borrow money for corporate purposes and may issue bonds therefor, but shall not become indebted in any manner to an amount exceeding in the ag-. gregate 5 per cent of the valuation of the taxable property in the district. (Approved May 25, 1907.)

MUNICIPAL COURT OF CHICAGO.

The Chicago Municipal court act of 1905 is amended as to most of its sections and five new sections are added. One of the amendments provides that those convicted in the Municipal court under the criminal law or the city ordinances may be furnished with transcripts of the record without payment in advance. Another gives the judges discretionary power to remit costs in whole or in part. It is further provided that the clerk of the court in the 1st district shall maintain in his office a bureau of information to which any attorney at law or any party to any suit may apply, either in person or by telephone or otherwise, for any information respecting the proceedings in such suit or the papers filed therein which such party may deem necessary and by means of which bureau such party or attorney may obtain such information without charge being made therefor. The clerk is not to be personally responsible for any mistake made by any deputy clerk with respect to such information. Most of the changes made in the various sections are in the direction of simplifying practice in the Municipal court. (Approved June 4. 1907.)

NEGOTIABLE-INSTRUMENT LAW.

The act lays down definite rules for the form and interpretation of negotiable instruments, such as bills of exchange, promissory notes and checks, etc., payable in money. (Approved June 5, 1907. See page 403, Laws of Illinois, 1907.)

PRACTICE LAW.

This act was prepared by the state commission for uniform laws and provides for uniformity of practice and procedure in courts of record. 6Approved June 3, 1907. See page 443, Laws of Illinois, 1907.)

UNIFORMITY OF STATE LAWS.

There is created a commission called "commission for the uniformity of legislation in the United States, 99 to consist of five persons to be appointed by the governor and to hold office for four years. It shall be the duty of the commission to examine the subjects of marriage and divorce, commercial paper, insolvency, form of notarial certificates, descent and distribution of property, acknowledgment of deeds, execution and probation of wills and all other subjects on which uniformity with the laws of other states is desirable, to ascertain the best means of bringing about such uniformity and to represent Illinois in conventions or conferences of like commissions appointed by other states. (Approved June 3, 1907.)

STATE BOARD OF HEALTH.

The act of 1877 establishing the state board of health is amended so as to give that body supreme authority in matters of quarantine and requiring all other state employes to enforce its rules and regulations. The board is authorized to establish a chemical and bacteriological laboratory for the examination of public water supplies and for the diagnosis of diphtheria, typhoid fever, tuberculosis, malarial fever and such other diseases as they may deem necessary for the protection of the public health. (Filed May 18, 1907.)

STATE MILITIA.

The military and naval code of the state is amended in numerous particulars, the most important change being that the land troops shall be so organized as to form a division under the command of a major-general. The effect of the amendments is to make the organization of the national guard similar to that of the regular army. (Approved May 28, 1907.)

STATE ENTOMOLOGIST.

It shall be the duty of the state entomologist to investigate all insects in the state injurious to plants and crops, live stock, trees, vegetables and to the product of mills and the contents of warehouses and insects dangerous to public health. He shall further instruct the people in the best methods of protecting themselves and their property from such insects. (Approved May 25, 1907.)

THEATER-TICKET SCALPING.

It shall be the duty of owners. lessees and managers of any theater, circus or other place of public entertainment to have printed on all tickets for admission, in conspicuous type, the price of such ticket and the words, "This ticket cannot be resold for more than the price printed hereon." Any owner who shall ask or receive a price in excess of that received from any other person for the same privilege, or in excess of the advertised or printed rate therefor, or any person, firm or corporation who by themselves or by any agent or employe offers for sale in any public thoroughfare or place any ticket of admission in excess of the regular rate shall be deemed guilty of a misdemeanor. It shall be unlawful to establish an agency or suboffice for the sale of theater tickets at a price greater than that asked therefor at the box office. The owner, lessee or occupant of any building or room open to the public who permits the sale therein of such tickets at advanced prices shall be equally liable as principal. Violators of the law may be fined not less than $50 nor more than $200 or imprisoned from thirty days to six months, or both. (Approved June 4, 1907.)

MONUMENTS.

The sum of $6,000 is appropriated for a monument to George Rogers Clark in Riverview park, Quincy, III.

The sum of $500 is appropriated to purchase the land and properly repair the tomb of Elian Kent Kane, second United States senator from Illinois. located on the bluff across the Mississippi river opposite Kaskaskia, Ill.

The sum of $15,000 is appropriated for a monument to the Illinois soldiers who died while confined in Andersonville prison during the civil war. A commission for that purpose is created the members of which will decide whether the memorial shall be located on the site of the prison stockade in Georgia or in the national cemetery. The sum of $3.000 is appropriated for repairs on the Lincoln homestead in Springfield, Ill.

NATIONAL GUARD ARMORIES.

The sum of $35,000 is appropriated for the purchase of lots occupied by the 2d regiment armory in Chicago.

The sum of $150,000 is appropriated to pay for the erection of an armory for the 7th infantry, I. N. G., located in Chicago, provided a site therefor is donated to the state.

INSURANCE REGULATIONS.

Various bills were passed for the regulation of the insurance business in Illinois. One requires the companies to place upon the face of each policy issued a certificate bearing the words, "This policy is registered, and approved securities, equal in value to the legal reserve hereon, are held in trust by this department.' Another requires lifeinsurance companies incorporated in other states

to deposit securities the same as in the case of companies incorporated under the laws of Illinois, or certificates showing such deposits in the home states. Another compels the companies to furnish the state superintendent of insurance with all desired information as to their financial condition. Another requires the superintendent of insurance to make annual valuations of all outstanding policies of life-insurance companies and gives him authority to compel the companies to maintain a reserve equal to the value of its outstanding policies. Another provides standard requirements for life-insurance policies and also a standard form, the latter being optional with the companies.

FRATERNAL INSURANCE.

The insurance superintendent may make an examination of the condition and affairs of any fraternal insurance society incorporated under the laws of the state at least as often as once in two years, and after Jan. 1, 1908, every such society shall publish its annual statement within thirty days after it has been filed in the office of the state superintendent. Similar societies incorporated in other states must furnish certified copies of the examinations made in their spective states. (Approved May 23, 1907.)

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It shall be unlawful for any person other than a beneficiary member to be elected delegate or to have any voice in the management of the endowment or mortuary features or business of any fraternal insurance society in Illinois. (Approved May 23, 1907.)

Fraternal beneficiary societies organized under the laws of Illinois are authorized to create, maintain and operate as a part of their organization a department for the purpose of furnishing to their sick, disabled and distressed members and their families free medical, home, sanitarium and hospital service and treatment, and to create and maintain for that purpose a trust fund to be raised by voluntary contribution. Such departments are declared to be charitable institutions and competent as such to be named and to take as beneficiary by its members. (Approved May 20, 1907.)

PARKS.

FOR ENLARGING PARKS.

The commissioners of every public park district in the state are authorized to acquire and improve such lots, blocks and parcels of land as may be necessary for the purpose of enlarging any park or parks under their control and for creating additional parks. They are also empowered to issue bonds for the same purposes. (Applies to south park system. Approved March 4, 1907.)

BONDS FOR CONNECTION OF PARKS.

The corporate authorities of any public park district having control of any public park or parks in any city of the state wherein other park districts and parks are situated but not connected therewith by any boulevard or driveway may issue and sell interest-bearing bonds for the purpose of obtaining the necessary funds for making such connection, provided the bond issue is approved by a majority of the voters who vote on the proposition. (Approved May 25, 1907.)

The commissioners of Lincoln park are authorized to issue $1,000,000 in bonds for the purpose of constructing surface and elevated boulevards on streets and alleys whenever authorized to do so by the city and after the proposition has been submitted to the people in the usual way and approved by a majority of the votes cast upon the proposition. (Approved May 25, 1907.)

Any city, town or village may by ordinance grant to any park commission the right to take and improve by means of surface or elevated ways for vehicles and pedestrians a street or streets not more than one mile in length in any instance. (Approved May 25, 1907.)

Any city, town or village may construct and maintain an elevated way in or upon any street, and may by ordinance authorize any park board to take over and control any street or way, approach or superstructure therein upon terms approved in the ordinance. (Approved May 25, 1907.)

TOWNSHIP OR SMALL PARKS.

The several townships of the state are hereby authorized through the town supervisors and town clerks to acquire lands, not exceeding for any one park ten acres in extent, to be set apart as public lands for the free use of the public. For this purpose they are authorized to levy annual taxes not exceeding 1 mill upon the valuation of the property in the township. (Approved March 2, 1907.)

Whenever 100 legal voters of any township in the state shall file a petition in the office of the county clerk, asking that an election be held to authorize the issuance of bonds for the purchase and improvement of one or more public parks in the township, it shall be the duty of the County court to submit the question of issuing such bonds to the voters and fix a day for the election. If the proposition is approved the bonds shall be issued. (Approved March 2, 1907.)

SUBMERGED AND SHORE LANDS.

Every park board having control over any public park. boulevard or driveway, bordering upon any public waters in this state, or having power to extend such park, boulevard or driveway over and upon the bed of such waters, and every board of park commissioners which has control over two or inore separate public parks, whether they constitute a part of one park system or not, bordering upon any public waters of the state, and which has the power to connect the same by constructing a boulevard or driveway upon the bed of such waters, may acquire the riparian and other rights of the owners of lands on the shores adjoining such public waters where it is proposed to construct such extension or connection and also the title to lands over or upon which it is proposed to construct any tunnel, viaduct or bridge for such connection. They are also authorized to issue bonds in payment for lands thus acquired. (APproved May 2, 1907.)

PURE-FOOD LAW.

The governor shall appoint a state food commissioner, whose term shall be four years and whose salary shall be $3,000 a year and necessary expenses. His duty shall be to see that the state laws regarding the production, sale and labeling of food products are executed. The governor shall also appoint from time to time a food standard commission for the purpose of adopting standards of quality, purity and strength for food products, to consist of three members, one to be the state food commissioner, one a representative of the food manufacturing industries and one an expert food chemist, who are to be paid at the rate of $15 a day and expenses while engaged in the service of the state. An assistant commissioner at $2,000 a year, a state analyst at $2,500, an attorney at $1,800 and a chief clerk at $1,800 are to be appointed by the food commissioner.

The state food commissioner and his inspectors and agents shall examine the raw materials used in the manufacture of foods and determine whether any filthy, decomposed or putrid substance is used in their preparation. They may also examine all premises, carriages or cars where food is manufactured, transported, stored or served to patrons for the purpose of ascertaining their sanitary condition, but manufacturers need not disclose secret processes or trade rights. Provision is made for the securing and proper marking of samples to be investigated.

The manufacture or possession of adulterated or misbranded articles of food is prohibited.

ADULTERATION DEFINED.

An article shall be deemed to be adulterated in case of confectionery:

1. If it contains terra alba, barytes, talc, chrome yellow, paraffin, mineral fillers or poisonous mineral substances, or poisonous color or flavor.

2. If it contains any ingredient deleterious or detrimental to health, or any vinous, malt or spir ituous liquor or compound, or narcotic drug. In case of food:

1. If any substance has been mixed or packed with it so as to lower or injuriously affect its quality, strength or purity.

2. If any substance has been substituted wholly or in part for the article.

3. If any valuable constituent of the article has been wholly or in part abstracted; provided, that in the manufacture of skim or separated cheese the whole or part of the butter fats in the milk may be abstracted.

4. If it be mixed, colored, powdered, coated, polished or stained in any manner whereby damage or inferiority is concealed, or it is made to appear better or of greater value than it really is.

5. If it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health; provided, that when in the preparation of food products for shipment they are preserved by an external application, applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions shall be printed on the covering of the package, the provisions of this act shall be construed as applying only when such products are ready for consumption; and formaldehyde, hydrofluoric acid, boric acid, salicylic acid and all compounds and derivatives thereof are declared unwholesome and injurious.

6. If it consists in whole or in part of a filthy, decomposed or putrid, infected, tainted or rotten animal or vegetable substance or article, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

MISBRANDED DEFINED.

The term "misbranded," as used in the act, shall apply to all articles of food or drink, or articles which enter into the composition of food or drink, the package or label of which shall bear any statement, design or device regarding such article or ingredients therein which shall be false or misleading in any particular and to any such products which are falsely branded as to manufacturer, packer or dealer who sells the same or as to the state, territory or country in which it is produced. For the purpose of this act an article shall be deemed misbranded in the case of food: 1. If it be an imitation of or offered for sale under the distinctive name of another article.

2. If it be labeled or branded so as to deceive or mislead the purchaser or purports to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it shall fail to bear a statement on the label of the quantity or porportion of any morphine, opium, cocaine, chloral hydrate or acetanilid, alpha or. beta eucaine, chloroform, cannabis indica, or any derivative or preparation of any such substances contained therein.

3. If in any package form and the contents are stated in terms of weight and measure, they are not correctly and plainly stated on the outside of the package.

4. If it be a manufactured article of food or food sold in package form and is not distinctly labeled, marked or branded with the true name of the article, and with either the name of the manufacturer or the name and address of the packer or dealer who sells the same.

5. If the package containing it, or its label, shall bear any statement, design or device regarding the ingredients of the substance contained therein, which statement shall be false or misleading in any particular.

An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

1. In the case of mixtures and compounds which may be known as articles of food under their own distinctive names and not an imitation of another article, if the name be accompanied on the same label or brand with a statement of the place where the article has been manufactured.

2. In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word "compound," ""imitation" or "blend," as the case may be, is plainly stated on the package in which it is offered for sale; provided, that the term "blend" shall be construed to mean a mixture of like sub

stances, not excluding harmless coloring or flavoring ingredients used for that purpose only, and as applied to alcoholic beverages, only those distilled spirits shall be regarded as "like substances' which are distilled from the fermented mash of grain and are of the same alcoholic strength.

3. In the case of mixtures of corn sirup (glucose), or corn sugar (dextrose), or corn-sugar sirup, with cane or beet sugar or cane or beetsugar sirup, in food, if the maximum percentage of corn sirup, or corn sugar or corn-sugar sirup in such article of food be plainly stated on the label.

CONFISCATION AND CONDEMNATION.

Any article of food or drink or liquor that is adulterated or misbranded and is being sold within the state shall be liable to seizure, condemnation and confiscation.

BRANDING OF VINEGAR.

All vinegar made by fermentation and oxidation without the intervention of distillation shall be branded with the name of the fruit or substance from which it is made. All vinegar made from distilled liquor shall be branded "distilled vinegar" and shall not be colored in imitation of cider vinegar. All vinegar shall be made wholly from the fruit or grain from which it purports to be made, shall contain no foreign substance and shall contain not less than 4 per cent, by weight, of absolute acetic acid.

EXTRACTS TO BE LABELED. Extracts made of more than one principle shall be labeled with the name of each extract, or else with the name of the inferior or adulterant.

BAKING POWDER.

No person by himself or agent shall (1) make baking powder or (2) sell baking powder unless the same shall contain not less than 10 per cent available carbon dioxide and unless the common names of all the ingredients be printed on the label. ADULTERATED LIQUORS.

No person shall by himself or agent brew, distill, have or offer for sale any spirituous, fermented or malt liquor containing any drug, substance or ingredient not healthful or not normally existing in such liquor, or which may be deleterious to health when such liquors are used as a beverage. The following shall be deemed to be deleterious ingredients: Cocculus indicus, copperas, opium, cayenne pepper, picric acid, Indian hemp, strychnine, arsenic, tobacco, darnel seed, extract of logwood, salts of zinc, copper or lead, alum, methyl alcohol and its derivatives.

Mutilation of labels is prohibited.

MILK.

No person or firm shall sell to any person, firm, creamery or cheese factory any unclean, unhealthful or adulterated milk or cream, or any milk or cream which has not been well cooled or to which water or any other foreign substance has been added, or which has been transported in insanitary vessels or containers. This does not apply to the sale of skim milk for the manufacture of skim-milk products, which is permitted provided the cans are properly labeled or tagged with the words "skim milk." No food shall be manufactured from unclean milk.

No person shall manufacture or sell any mixture or compound intended for use as a preservative or other adulterant of milk, cream, butter or cheese, or any unwholesome preservative of any food. Salt added to butter and cheese is excepted. Milk wagons must have the name of the owner marked on both sides.

LARD.

No person shall manufacture, have in his possession or sell as lard any substance not the legitimate and exclusive product of the fat of the hog unless the tierce, tub or package containing the same shall be labeled with the name of the manufacturer together with the location of the factory and the words "lard substitute,' "adulterated lard," "compound." "imitation" or "blend" as the case may be or unless the same shall be sold under its own distinctive name and the purchaser be informed of its true character.

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