men suited to the employment.
For example, if he employs a young boy to drive a fractious horse, he
would be liable for any injury that might occur. In like manner, he
must exercise proper care concerning the safety of the machinery
placed in the hands of his workmen. He must keep his premises in a
safe condition and must not expose his workmen to risks not incident
to the employment for which they are hired.

The farmer is liable in damages for the acts of his workmen which are
within the scope of their employment, although the authority may not
have been expressly conferred. "He who acts by another acts himself."
In case one is sued for the acts of his employee, the burden is upon
him to prove that the act of the workman was without authority,
expressed or implied.

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[D] Haigh's "Manual of Law," p. 69.

CHAPTER XXI

RURAL LEGISLATION

Various laws have been enacted by federal and state legislatures for the
better protection of producer and consumer. Much of this legislation
affects in a very special way the interests of the farmer. Not
infrequently, in fact, generally, the state department of agriculture
has more or less direct jurisdiction over their enforcement. State
departments of agriculture usually publish a collection of the laws of
this character. These laws vary greatly in the different states and only
the most general outline, as they affect the interests of the farmer,
can be given here. Persons can inform themselves as to the details as
enforced in a given state by applying to the state secretary of
agriculture.

A number of these acts affect interstate commerce, concerning which
the United States Constitution says: "No state shall, without the
consent of the Congress, lay any impost or duties on imports or
exports, except what may be absolutely necessary for executing its
inspection laws." By a series of judicial decisions it has been
determined that a State has a right to enforce laws affecting
interstate commerce when traffic in the articles thus modified or
prohibited affects the public welfare. When it is necessary to have a
police regulation to prevent fraud in the traffic of an article or for
the purpose of guarding the public health or morals, police laws, so
called, may be enacted and enforced. Around this general question
there has waged a bitter controversy which has occupied some of the
best legal minds and is one