DAIRY AND SEED IMPROVEMENT MEETTNCiS. 21^ 



in imitation or semblance of butter irrespective of how such 

 imitation was produced. The Court of Appeals reversed that 

 decision on the ground that the state had failed to show a 

 conscious selection of materials by the manufacturers to pro- 

 duce an imitation, which, in brief, means that under this statute, 

 in order to secure a conviction where the goods are not arti- 

 ficially colored, the state must show that there was a conscious 

 selection of the ingredients by the manufacturer to produce a 

 commodity in imitation or semblance of butter of some shade 

 of yellow^ 



Conclusion. 



It would seem from the above that the population of this 

 country is increasing more rapidly than the increase of the 

 dairy cattle, and that the instruction or education being given 

 to dairymen is bringing about a condition of things, whereby 

 there is a greater production than heretofore per cow, and yet 

 it would seem that the manufacture of oleomargarine is gain- 

 ing on the manufacture of butter. If this gain on the part af 

 oleomargarine is a healthful, honest gain, then we have nothing 

 to say about it or against it, but if it is being produced by decep- 

 tion or fraud, that deception should be curtailed or restricted to 

 the end that honest dealing may result. 



In view of the above, I am of the opinion that the best law to 

 prevent the sale of the imitation product is one requiring the 

 goods to be done up in packages in certain form and size and 

 \vrapped, stamped, sealed and branded so as to show the true 

 character of the constituents, and that the commodity inside 

 must not be in imitation or semblance of butter of any shade of 

 yellow ; that such a statute in the states where the courts have 

 held, as in Pennsylvania and Maine, that the fact that it is an 

 imitation is of itself a violation irrespective of how it was pro- 

 duced, and such states can very readily require and easily 

 enforce the laws against the imitation or fraudulent sale of the 

 product. 



