CHAPTER 33:-FOOD COMMISSION.

3207 SECTION 1. [Food Commission.] There is hereby created a Food Commission, with headquarters at the Capitol, for which office-room, stationery, postage, expressage, printing, and other and usual facilities for transacting business shall be furnished, the same as for other executive departments. [1899, chap. 35.]

3208 SEC. 2. Commissioner-Deputy.] The Governor of this state is hereby made the Food Commissioner of said Food Commission. Said Food Commissioner shall have the power. to appoint a Deputy Food Commissioner at a salary of Fifteen Hundred Dollars ($1500) per annum, payable monthly, together with his expenses actually and necessarily incurred in discharging the duties of his office. It is further provided that a complete and itemized account of all expenses shall be kept by said Deputy Food Commissioner and filed monthly with the Auditor of Public Accounts after being duly verified by him. Said Deputy Food Commissioner shall hold his office at the pleasure of the Governor, and when acting for and instead of said Food Commissioner, shall and may exercise equal power and authority subject to the approval of the said Food Commissioner. The Deputy Food Commissioner so appointed shall be a person of recognized standing, experience, ability and knowledge in and concerning dairy and other food products.

3209 SEC. 3. [Deputy-Salary-Bond-Report-Clerk.] The said Deputy Food Commissioner shall, before entering upon the discharge of his duties, give a bond in the sum of three thousand dollars ($3,000) with sureties as provided by law, to be approved by the Governor and conditioned for the faithful discharge. of his duties and the accounting for all money and other property that may come into his hands by virtue of his office. The said Deputy Food Commissioner may employ a clerk, if found necessary, whose salary shall not exceed Seventy-five Dollars ($75) per month. The said Deputy Food Commissioner shall make an annual report to the Governor, same as other state officers, on or before the first day of November, of each year, giving in a concise manner, in said report, a full statement of the condition of the food and dairy interests of the state, and making such recommendations as he may deem best to improve the same; including receipts and disbursements of his office; and such report shall be printed and published and distributed same as reports of other state officers.

3210 SEC. 4. [Commission-Duties.] The said Food Commission, through its duly accredited officers, shall be charged with the enforcement of this act and all other acts and laws heretofore passed, or that may hereafter be passed concerning butter, cheese, "imitation butter," "imitation cheese," milk and cream, vinegar, cider, and all laws concerning dairy products, cider or vinegar, or any imitation or adulteration thereof. The said Food Commissioner shall have control over the subject of testing milk and cream in the state of Nebraska, on the farm, in the factory, skimming station, milk or cream depot, milk or cream wagon, or any other place where milk or cream is bought or sold, and may make such regulations concerning the subject of testing milk and cream as he may deem reasonable and just, and shall have power to establish a minimum standard of butterfat in milk and cream. The said Food Commission and its duly accredited officers, such as shall be duly authorized for the purpose, shall have full access, ingress and egress to all creameries, cheese factories, skimming stations, cider manufactories, vinegar manufactories, farms,

CHAP. 33. "An Act creating a Food Commission; defining its powers and duties and of the officers and agents thereof; regulating the manufacture and sale of foods including imitation butter' and 'im tation cheese and dairy products; providing for a system of reports, inspection and permits and fixing fees for the same, providing penalties for violations of this act; making an annual appropriation for carrying this act into effect; and repealing all acts and parts of acts in conflict herewith." Laws, 1899, chap. 35. Took effect July 1, 1899. Deputy an officer, not an employe. State v. Cornell, June 7, 1900.

buildings, carriages, cars, vessels, packages or cans, used in the manufacture or sale of any dairy product, cider or vinegar, or any imitation thereof. They shall also have power and authority to open any package, can or vessel containing such dairy product, cider or vinegar, or any imitation or adulteration thereof which they may have reason to believe may be manufactured, sold or exposed for sale in violation of the provisions of this act or other acts in relation thereto, and may inspect the contents therein, and may take therefrom samples for analysis, and have the same analyzed by a competent chemist, for which the chemist shall be allowed a reasonable fee not to exceed Five Dollars ($5.00) for each analysis, and the findings of such chemist shall be taken as prima facie evidence in court, and in all prosecutions under this act when such analysis has been made and given in evidence, the said fees and expenses of the chemist making the same, shall be taxed as costs in the case, the same as other costs are taxed. All persons knowingly violating this act shall be dealt with as provided in this act.

3211 SEC. 5. [Reports by dealers.] Every person, firm or corporation in this state manufacturing or dealing excepting retailer in "imitation butter" or "imitation cheese," or both, shall, on or before the tenth day of each month, on blanks provided by said Food Commissioner, make a report in writing to said Food Commissioner, showing the amount of "imitation butter" or "imitation cheese," or both, sold by them during the preceding month, size of packages used, to whom and when sold, business location of the purchaser, amount of "imitation butter" or "imitation cheese," or both, on hand at the close of the month's business, and such other items and facts as may be required by said Food Commissioner, verifying the same under oath, and specifying particularly that they have complied with all the state laws in regard to such "imitation butter" or "imitation cheese," or both, as the case may be; provided, that the retailer shall not be required to state to whom sold nor location of the purchaser.

3211a SEC. 6. [Definitions.] Every person, firm or corporation who in any manner produces "imitation butter" or "imitation cheese," or both, as the same is now defined, or may hereafter be defined in the statutes of this state, shall be considered a manufacturer of "imitation butter" or "imitation cheese" or both. Every person, firm or corporation who sells or offers for sale, or has in his possession for sale "imitation butter" or "imitation cheese" or both, as the same is now defined in the statutes of this state, or hereafter may be defined, in packages containing ten pounds or more, shall be deemed a wholesale dealer in "imitation butter" or imitation cheese" or both, as the case may be. Every person, firm or corporation who sells or offers for sale, or has in his possession for sale, "imitation butter" or "imitation cheese" or both, as the same is now defined or may hereafter be defined in the statutes of this state, in packages containing less than ten pounds each, shall be deemed a retail dealer in "imitation butter" or "imitation cheese" or both. Every person, firm or corporation buying, re-working and handling the product commonly known and called "store" or "dairy" butter, and making out of the same what is generally known and termed "ladle" or "factory" butter, shall be deemed a manufacturer of "ladle" butter. Every person, firm or corporation buying and selling butter or cheese or both, in original packages not of his own production, whether on commission or otherwise, shall be deemed a wholesale dealer in butter or cheese or both, as the case may be. Every person, firm or corporation who manufactures or sells annually fifty or more barrels of cider, as defined in chapter three (3) of the session laws of 1897, shall, for the purposes of this act, be deemed a wholesale dealer in cider. Every person, firm or corporation who manufactures or sells annually fifty (50) or more barrels of adulterated cider, as defined in chapter (3) of the Session Laws of 1897, shall, for the purposes of this act, be deemed a wholesale dealer in adulterated cider. Every person, firm or corporation who manufactures or sells

annually fifty (50) or more barrels of cider vinegar, as defined in chapter four (4) of the session laws of 1897, shall, for the purposes of this act, be deemed a wholesale dealer in cider vinegar. Every person, firm or corporation who manufactures or sells annually fifty (50) or more barrels of the so-called "grain" vinegar, "wine" vinegar or "fruit" vinegar, as defined in chapter four (4) of the Session Laws of 1897, shall for the purposes of this act, be deemed a wholesale dealer in the so-called "grain" vinegar, "wine" vinegar or "fruit" vinegar. For the purposes of this act, a creamery shall be defined as "a factory where cream from milk, with or without the addition of salt and coloring matter, is churned into butter." A cheese factory shall be defined as "a factory where milk, with or without the addition of salt, rennet and coloring matter, is manufactured into cheese." A "skimming station" shall be defined as "a place where milk, from not less than five patrons, is skimmed by machinery and the cream resulting therefrom is taken to a creamery to be churned.”

3211b SEC. 7. [Permits for dealers or manufacturers-Inspection.] It shall be unlawful for any manufacturer, wholesale or retail dealer in "imitation butter" or "imitation cheese" or both, to enter upon or engage in the business of producing, manufacturing, handling, or having in his possession for sale, or selling "imitation butter" or "imitation cheese" or both, without first procuring from said Food Commissioner an annual permit, said permit describing the occupation and place of business of the person, firm or corporation receiving the same, and conditioned on a faithful observance of the laws of the state by him. Provided, that any manufacturer of "imitation butter" or "imitation cheese" or both, who sells only "imitation butter" or "imitation cheese" or both, of his own production at the place of manufacture in the original packages shall not be required to take out a permit as a wholesaler. It shall be unlawful for any person, firm or corporation to manufacture "ladle" butter or to carry on the business of manufacturing "ladle" butter or to carry on business as a wholesale dealer in butter or cheese, or both, or as a wholesale dealer in cider, or as a wholesale dealer in adulterated cider, or as a wholesale dealer in cider vinegar, or as a wholesale dealer in so-called "grain" vinegar, "wine" vinegar or "fruit" vinegar, or to operate any creamery or cheese factory or skimming station, or to do any business in producing, manufacturing, handling, or selling the product so made, without first procuring from said Food Commissioner an annual permit, said permit describing the occupation and place of business of the person, firm or corporation receiving the same and conditioned on a faithful observance of the laws of the state by him. All applications for permits under this act, shall be in writing addressed to the said Food Commissioner, verified by the applicant stating that after this act shall become a law he has not violated any of the provisions of this act. It is further provided that the said Food Commission through its accredited officers, shall have the right at any and all times to inspect the premises, methods, and processes of any creamery, cheese factory, skimming station, manufacturer of ladle butter, wholesale dealer in butter or cheese, or both, manufacturer of cider, manufacturer of adulterated cider, manufacturer of cider vinegar, manufacturer of "grain" "wine" or "fruit" vinegar, wholesale dealer in cider, wholesale dealer in adulterated cider, wholesale dealer in cider vinegar, wholesale dealer in "grain" vinegar, "wine" vinegar or "fruit" vinegar; manufacturer of "imitation butter" or "imitation cheese" or both, wholesale dealer or retail dealer in "imitation butter" or "imitation cheese" or both within this state, within the provisions of this act or other acts relating to dairy products, cider or vinegar or any imitation or adulteration thereof.

3211c SEC. 8. [Same-Fees.] For said permits and the services performed in connection therewith, including the inspection as provided by this act, there shall be charged and collected annually as follows: From each manufacturer of "imitation butter" or "imitation cheese" the sum of One Hundred Dollars

($100.00); from each wholesale dealer in "imitation butter" or "imitation cheese" Fifty Dollars ($50.00); from each retail dealer in "imitation butter" or "imitation cheese" Twenty-five Dollars ($25.00); from each who'esale manufacturer or wholesale dealer in adulterated cider, Fifty Dollars ($50.00); from each manufacturer or wholesale dealer in so-called "grain" vinegar, "wine" vinegar or "fruit" vinegar Fifty Dollars ($50.00); from each manufacturer or wholesale dealer in cider Fif teen Dollars ($15.00); from each manufacturer or wholesale dealer in cider vinegar Fifteen Dollars ($15.00); from each creamery Ten Dollars ($10.00); from each cheese factory Ten Dollars ($10.00); from each skimming station One Dollar ($1.00); from each manufacturer of "ladle" butter Fifteen Dollars ($15.00); and from each wholesale dealer in butter or cheese Ten Dollars ($10.00), payable in each and every case into the Treasury of the State of Nebraska, as provided by law, in advance of the issuance of said permit.

3211d SEC. 9. [Violation of act, permit revoked.] If any person, firm or corporation to whom such permit has been issued shall be convicted of a wilful violation of any of the provisions of this act, such conviction shall thereupon "ipso facto" work a revocation of such permit and the same shall hereafter be held and deemed null and void.

3211e SEC. 10. [Violation of act, prosecution.] It shall be the duty of all county attorneys, on request of the Food Commissioner to represent and prosecute on behalf of the state within their respective counties, all offenses arising under the provisions of this act.

3211f SEC. 11. [Same-Penalty.] Any person, firm or corporation violating any provision of this act shall be deemed guilty of a misdemeanor and on conviction thereof, shall be punished for each offense by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) in the discretion of the court. It is further provided that each day's failure in taking out the permit described above, shall constitute in each of the above cases a separate and distinct offense.

3211g SEC. 12. [Appropriation.] There is hereby annually appropriated out of the funds of the state not otherwise appropriated, for the purpose of carrying into effect the provisions of this act, the sum of Five Thousand Dollars ($5000.00). Provided, that the amount paid out shall in no case exceed the amount received by the state, as provided for in this act. [Unconstitutional. State v. Cornell, June 7, 1900.]

CHAPTER 34.-GUARDIANS AND WARDS.

3212 SECTION 1. [Minors.] All male children under twenty-one, and all females under eighteen years of age are declared to be minors; but in case a female marries between the age of sixteen and eighteen, her minority ends. [R. S., 178. G. S., 396.]

3213 SEC. 2. [Guardians.] The court of probate in each county, when it shall appear to him necessary or convenient, may appoint guardians to minors and others being inhabitants or residents in the same county, and also to such as shall reside without the state, and have an estate within the same.

3214 SEC. 3. [Appointment.] If the minor is under the age of fourteen years, the court of probate may appoint his guardian, and if he is above the age of fourteen years he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly.

3215 SEC. 4. [Same.] If the guardian nominated by such minor shall not be approved by the court, or if the minor shall reside out of the state, or if, after being cited by the court, he shall neglect to nominate a suitable person, the court may appoint the guardian in the same manner as if the minor were under the age of fourteen years.

3216 SEC. 5. [Same.] When such minor, being above the age of fourteen years, shall reside more than ten miles from the place of holding the court, his nomination of a guardian may be certified to the court of probate by a justice of the peace, which shall have the same effect as if made in the presence of the court.

3217 SEC, 6. [Parents.] The father and mother are the natural guardians of their minor children, and are equally entitled to their custody, and to care for their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies, or is disqualified for acting, the guardianship devolves upon the other. [Amended 1885, chap. 54.]

3218 SEC. 7. [When minor is an orphan.] If the minor have no father or mother living, and competent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his

ward.

3219 SEC. 8. [Duty of guardian.] Every guardian appointed as aforesaid shall have the care and management of the estate of the minor, and shall continue in office until such minor shall arrive at the age of twenty-one if a male, or eighteen years if a female, or until the guardian shall be discharged according to law.

3220 SEC. 9. [Bond.] Every such guardian shall give bond, with surety or sureties, to the judge of probate, in such sum as the court shall order, with condition as follows: First-To make a true inventory of all the real and personal es

CHAP. 34. See sec. 344, chap. 23, for renewal of mortgages. General duty of guardian; guardian may foreclose mortgage owned by ward. 10 Neb., 124. License to sell real estate may be granted at chambers. 13 Neb. 290. If in proper judicial district license may be granted in county other than where land lies. 14 Neb., 356. Non-resident infant not presumed to have a guardian residing in this state. 15 Neb., 30. Of insane and mince defendant; appearance; failure to appoint guardian ad litem when general guardian fails to appear does not render judgment void. 15 Neb., 297; 20 Id., 489; 21 Id., 683. Custody of infant child in case stated. 15 Neb., 462 Sale of property by guardian. 15 Neb., 503. Right of action on guardian's bond accrues to ward when amour due is ascertained by county court on settlement of guardian's final account. 17 Neb., 42. 21 Id., 534. Jurisdie tion of court to appoint guardian ad litem. 16 Neb., 702. Petition for appointment of guardian signed in name of child, held, good, and sufficient to give court jurisdiction. 16 Neb.. 61. Sale of real estate of ward; presump tion of regularity of proceedings; settlement by ward after he becomes of age, ratifies acts of guardian. 16 Neb., 64. No action can be maintained by ward to recover land sold by guardian unless commenced within five years next after ward becomes of age. 16 Neb., 64. Liability of guardian for negligence in care of ward. 18 Neb., 182. Failure to appoint guardian ad litem, where real estate is sold by administrator, not fatal. 18 Neb., 298. License to sell real estate of minors; petition therefor must be in writing. 20 Neb., 602. Action on guardian's bond; ac counts of guardians; duties of county court. 21 Neb., 534. Custody of children by parents. 15 Neb., 462. 30 Id... 624 39 Id., 457. Disaffirmance of contracts by minors. 36 Id., 61. 40 Id., 195. Parent, if suitable person, s best right. Status of child settled by divorce decree should not be interfered with by habeas corpus. 57 Id., 18. BEC. 4-6. Parents unsuitable. 37 Neb., 571. 41 Id., 745.