People ex rel. Schulz v. Hamilton
New York Supreme Court
Application for writ of mandamus to compel the issuance of a license to sell milk. The relator is a milk dealer who has heretofore had a license to sell milk in the city of Rochester, but was denied such license for the year 1916 because he refused to submit to a blood test intended to show whether or not he had had typhoid fever and was a carrier of typhoid germs.
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Application for writ of mandamus to compel the issuance of a license to sell milk. The relator is a milk dealer who has heretofore had a license to sell milk in the city of Rochester, but was denied such license for the year 1916 because he refused to submit to a blood test intended to show whether or not he had had typhoid fever and was a carrier of typhoid germs. The health officer refused to issue the license on the ground that it was necessary for the preservation of public health that all applicants for milk licenses should be required to submit to the test referred to. The relator…
1Opinion of the CourtRodenbeck, J.
The state having the ultimate power to protect and preserve the public health has the right to impose by statute reasonable regulations to accomplish that purpose (Fischer v. St. Louis, 194 U. S. 361; Jacobson v. Massachusetts, 197 id. 17; Lieberman v. Van De Car, 199 id. 552; Matter of Viemeister, 179 N. Y. 235; Matter of Walters, 84 Hun, 457, 460) and may delegate that power to local authorities for its more convenient exercise in political subdivisions’ of the state. Fischer v. St. Louis, supra; Jacobson v. Massachusetts, supra; People ex rel. Lieberman v. Van De Car, 175 N. Y. 440, 444,…
2Cases cited12 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Jones v. United StatesSupreme Court of the United States · 1890
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Fischer v. St. LouisSupreme Court of the United States · 1904
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
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3Cited by2 opinions
- Mannix v. FrostNew York Supreme Court · 1917
- Conlon v. MarshallNew York Supreme Court · 1945