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with "a fair average milk." In any case the standard of
comparison ought to appear in the certificate. When you take
such a low standard, this is the more important in order
that the Magistrate may realise the true significance of your
certificate. Again, when the amount added to the non-fatty
solids, for estimated decomposition during storage, is not
shown upon the certificate, it. reduces your conclusion to the
position of a mere arbitrary opinion.
6. It is obvious that, in general, the Magistrates do not
understand the precise significance of the two decimal
fractions which express the percentages of the fatty and of
the non-fatty solids respectively. They do not understand
the inferences to be drawn from the variations of these two
fractions—each varying either above or below an arbitrary
standard of level. They have no means of judging standards of
milk, except by comparison with "a fair average milk." In
this very prosecution, it was impracticable to show the
magistrate that, while I had specified my standard as being
"a good average milk containing 12.5% of milk solids;"
your standard, which you had not specified, contained
only 11.25% of milk solids—the poorest milk that, upon
analysis, would escape condemnation. The learned Magistrate
very properly declined to enter into a technical discussion.
All he could see was that both certificates concurred
in proving that some adulteration had occurred—that
adulteration being as he surmised, "three percent. or
thereabouts," and he seemed inclined to decide the case
against the Vestry. It was only upon evidence as to a
previous conviction for adulterating milk with 20% of
water being rendered, that the magistrate saw his way, and
inflicted a fine of ten shillings—leaving the Vestry to pay
its own costs.
1 venture to point out that, if the standard of comparison
you used—and the amount of your addition on
account of loss had been stated, your certificate would have
been comparable with mine. In that case the learned
Magistrate would have perceived that the divergent conclusions
arose from using different standards of comparison,
and he would have been enabled to apply his own judgment
as to which was the fairest point from which to calculate
the percentage of added water. For the Vestry to prosecute
a milkman for an inferential addition of three percent. of
water to "a fair average milk," would have been severe, or
even officious. But to prosecute a milkman who adds 12 to
16% of water to "a fair average milk" is necessary alike
for the security of the public and for the protection of