Professor E.F. Ladd was North Dakota’s food commissioner. Known as a determined enforcer of the state’s pure food and drug laws, Ladd was a determined watchdog for the safety of North Dakotans. In October 1911, he visited the Fargo branch of Armour and Company and requested to purchase three pounds of lard. Instead, he was sold a pail containing two pounds and six ounces. North Dakota’s pure food and drug law required that containers of lard contain one, three, or five pounds, or a multiple of those weights, and not a fraction. As a result of Ladd’s purchase, North Dakota took Armour and Company to court.
On this date in 1912, North Dakota asserted that both three-pound and five-pound containers of lard were shown to be short by as much as half a pound. The state argued that if a consumer purchased five pounds of lard, they were entitled to the full measure. The defendant argued that the lard was poured into containers in liquid form, and that when it cooled, it naturally shrank. The company also claimed that the container sold to Ladd was packed in Nebraska, not North Dakota, and that this should shield them from North Dakota law.
Judge Pollack rendered his verdict on January 20. He ruled that North Dakota’s standard weight law was constitutional. It was seen as a victory for Professor Ladd and his crusade for pure food. Ladd said he would send letters to all packers informing them that they had to abide by the law, and they had until February to demonstrate compliance.
Armour wasted no time announcing plans to appeal to the North Dakota Supreme Court. If the decision went against them, they would appeal to the United States Supreme Court. The company’s attorney stated, “We want a final decision on the matter.”
The North Dakota Supreme Court ruled against Armour, stating that “the law is reasonable and necessary.” Newspaper headlines announced, “Ladd Wins Lard Fight.” As promised, Armour and Company appealed the decision to the United States Supreme Court, where they also lost. The Court affirmed the prior decisions, agreeing that the law was necessary to protect consumers. The Supreme Court’s verdict was seen as a victory for Ladd and his crusade on behalf of North Dakota consumers.
Dakota Datebook by Dr. Carole Butcher
Sources:
- Fargo Forum and Daily Republican. “Judge Pollock Holds N.D. Lard Law is Constitutional.” Fargo ND. 1/20/1912. Page 1.
- Fargo Forum and Daily Republican. “Say Containers are Short Weight.” Fargo ND. 1/10/1912. Page 5.
- Fargo Forum and Daily Republican. “Ladd Wins Lard Fight.” Fargo ND. 12/18/13. Page 1.
- Justia: U.S. Supreme Court. “Armour & Company v. North Dakota.” https://supreme.justia.com/cases/federal/us/240/510/ Accessed 12/5/2024.
