State v. Arthur N. Auclair.

Summary

The Supreme Court of Vermont affirmed the pro forma overruling of the respondent's demurrer to an information charging sale of milk without a license under No. 99, Acts of 1937 (the Milk Control Act). The court held that the act's price-fixing provisions satisfy due process under Nebbia because milk is an industry affected with a paramount public interest and the prescribed price standards are neither arbitrary nor discriminatory; that non-uniform pricing across markets and the exemptions for producers' cooperatives and charitable organizations deny neither equal protection nor the common-benefit guarantees of Chapter I, sections 7 and 9 of the Vermont Constitution; and that the board's authority to designate 'natural marketing areas' is not an unlawful delegation of legislative power because the phrase itself supplies an implicit standard. Judgment was affirmed and the cause remanded.