New York Court of Appeals
The People of the State of New York Ex Rel. Simon Lieberman, Appellant v. John E. Vandecarr, as Warden of the City…
June 25, 1903175 N.Y. 440
Summary
The Court affirmed the lower court's order, holding that Section 66 of the New York City Sanitary Code, which requires a written permit from the Board of Health to sell milk, is a reasonable exercise of the police power and does not violate the State Constitution or the Fourteenth Amendment. The dissent argued the ordinance exceeds the board's authority and lacks required publication of its conditions.