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Dean Milk Co. v. City of Madison
Citations: 257 Wis. 308; 43 N.W.2d 480; 1950 Wisc. LEXIS 252
Court: Wisconsin Supreme Court; June 30, 1950; Wisconsin; State Supreme Court
Testimony indicates that milk is highly perishable and vulnerable to contamination, necessitating stringent and frequent inspections on farms producing raw milk for human consumption. These inspections should cover various aspects, including barn conditions, milking and storage equipment, and the health of both cattle and caretakers. The plaintiff asserts that their inspection processes, alongside those of the Chicago health board and U.S. public health service, ensure a clean and wholesome product, arguing against the duplicative inspections mandated by the 'Madison milk ordinance' as unconstitutional trade barriers under the Fourteenth Amendment and interstate commerce clause. Some state courts support this view, but this court upheld the validity of a Beloit ordinance requiring pasteurized milk to come from approved local plants, emphasizing that municipalities can enact health-related ordinances that are reasonable, not arbitrary, and serve public welfare. It is noted that courts generally defer to municipal authorities regarding the necessity and reasonableness of such ordinances. The Dyer case, which reached the U.S. Supreme Court, became moot after the ordinance was amended, leading to a reversal of the Wisconsin Supreme Court's judgment and a dismissal of the complaint. The plaintiff believes this outcome negates the Dyer decision. The trial court upheld that the Wisconsin Supreme Court's actions, which vacated and reversed a previous ruling, did not invalidate its own decision in the Beloit Case. Referencing Berry v. Davis, the court indicated that since the 1913 act was repealed in 1915 and did not apply to the plaintiff, the appropriate action was to reverse the decree and remand the case with instructions to dismiss the bill without costs to either party. The court emphasized that the necessity for rigorous standards in the milk industry, alongside frequent inspections, is essential for public health. Health Commissioner Dr. Kincaid testified that selling the plaintiff's milk in Madison would require hiring additional inspectors, thereby increasing costs and reducing efficiency. The trial court rejected the plaintiff's argument that existing inspections in Illinois were adequate, asserting that Madison has the right to establish its own reasonable milk inspection system without relying on other governmental units. The court affirmed the five-mile limitation for pasteurization plants as reasonable since the plaintiff does not have a plant nearby, stating that the ordinance is not discriminatory against the plaintiff. Additionally, the court found no justiciable controversy regarding the twenty-five-mile limitation, as the plaintiff, Dean Milk Company, is not a farmer and cannot represent non-party farmers. The judgment was affirmed, with Justice Hughes dissenting.