DAIRY AND SEED IMPROVEMEivT MEE'IINGS. 21.3 



f 



justice and patriotism of the representatives of the people. If 

 this fail, the people in their sovereign capacity can correct the 

 evil, but courts cannot assume their rights. The judiciary can 

 only arrest the execution of a statute when it conflicts with the 

 constitution. 



"Upon mature consideration of the whole question we con- 

 clude, that there was ample evidence to warrant the conviction 

 of the defendant, although there was no evidence of the artificial 

 coloration of the oleomargarine by the addition thereto, in the 

 process of manufacture or afterwards, of any substance which 

 had no other function than to cause it to resemble and be in 

 imitation of yellow butter." 



On January 8, 1908, the Wisconsin Supreme Court handed 

 down a decision in the case of Meyer v. State, reported in 134 

 Wis. 156. This was a case in which oleomargarine was made 

 in imitation of yellow butter produced from milk or cream. In 

 this case the court, among other things, said : 



"In a prosecution under sec. 4607c, Stats. ( 1898), as amended 

 by ch. 151, Laws of 1901, if the article claimed to be in vio- 

 lation of the statute is in imitation of yellow butter, it is imma- 

 terial whether such imitation is brought about by the addition 

 of a dye or by the selection of ingredients 



"Color is the impression given to the eye by lines of light of 

 various rates of vibration. 



"The words 'which shall be in imitation of,' used in sec. 

 4607c, Stats. (1898), as amended by ch. 151, Laws of 1901, in 

 describing the contraband compound, imply a conscious imita- 

 tion in the manufacture thereof. 



"In a prosecution under sec. 4607c, Stats. (1898), as 

 amended, it is not error to refuse to direct a verdict of acquittal 

 when there was evidence from which the jury would be au- 

 thorized to infer conscious imitation in the manufacture of the 

 compound ; and that the accused had knowledge that the com- 

 pound was not butter, and in fact sold or shipped it." 



The Court further said : 



"It being conceded that the product contains no ingredient 

 injurious or dangerous to health, and the statutes containing 

 provisions recognizing the right to sell, but requiring the seller 

 to disclose the nature of the article sold, and forbidding the 



