NAPIER'S MILK

Evening Post, Volume CXXIII, Issue 51, 2 March 1937, Page 7

NAPIER'S MILK

TUBERCULIN TESTS

BYLAW CHALLENGED

ißy Telegraph—Press Association.)

NAPIER, March L

Decision was reserved by Mr. Justice Ostler in the Supreme Court this afternoon in an action brought by William J. McGrath, milk vender, against the Napier Borough Council for an order quashing a recently-framed bylaw stipulating that no milk must be sold in Napier borough unless coming from tuberculin-tested herds.

For the plaintiff, Mr. E. J. W. Hallett urged that the bylaw was unreasonabxe, unnecessary, and ultra vires in that it aimed to legislate tor milk venders outside the borough. For the council Mr. ri..B. Lusk submitted that the bylaw was framed tor the protection of public health, especially the health of children, and was not repugnant to the laws of the country. . His Honour assured Mr. Lusk that he'fully appreciated the worthy objects of the bylaw, but he was concerned whether it represented a frank attempt to usurp the functions of the country's Legislature. Edwin E. Elphick, Chief Government Veterinary Officer for Hawke's Bay, said in evidence oh behalf of the plaintiff that of the tuberculin tests ne conducted he was of opinion that quite a smali percentage of cows gave tuberculin milk. Milk could become infected by handling after coming,from the cow as well as from the cow itself. Witness was inclined to agree with the contention that milk in a raw stale from a cow could be consumed without much fear of bovine tuberculosis.