212 AGRICULTURE OF MAINE. 



"Code, sections 2516-17-18, when construed together, pro- 

 hibit the sale of oleomargarine, which is the color of butter, 

 made from pure milk or cream, even though it contains no in- 

 gredient the sole function of which is coloration." 



"The question of whether a product intended as a substitute 

 for butter, bears the color of pure butter, is not one of expert 

 testimony. 



"The statutes regulating the sale of substitutes for pure 

 butter are not unconstitutional, in that they amount to a virtual 

 prohibition of the sale of a legitimate article of commerce and 

 a wholesome food product, thus interfering with the natural 

 rights of man.'' 



On January 17, 1905, the Superior Court of the State of 

 Pennsylvania handed down a decision in the case of Commoii- 

 ivcalth V. Mcllct, 27 Pa. Superior Ct., 41, in an oleomargarine 

 case, in which the court held : 



"On the trial of an indictment for selling oleomargarine so 

 as to resemble or be in imitation of yellow butter, a conviction 

 may be sustained, although there is no evidence of the arti- 

 ficial coloration of the oleomargarine by the adding thereto in 

 the process of manufacture or afterwards of any substance 

 which had no other function than to cause it to resemble or 

 be in imitation of yellow butter. 



"The various provisions of the Act of May 29, 1901, P. L 

 277, show a studied effort to prevent the sale of oleomargarine, 

 which by reason of the addition of coloring matter, or of the 

 selection or treatment, or combination of its component parts, 

 is made to resemble and be in imitation of yellow butter. 



"A consideration of the Acts show that the latter act is not 

 to be given a consideration which will restrict it to 'artificial 

 coloration' produced by the admixture of some substance which 

 serves that purpose only. 



"Except where the constitution has imposed limits upon the 

 legislative power, it must be considered as practically absolute, 

 whether it operate according to natural justice or not in any 

 particular case. The courts are not the guardians of the rights 

 of the people of the state, except as those rights are secured by 

 some constitutional provision which comes within the judicial 

 cognizance. The protection against unwise and oppressive leg- 

 ishition, within constitutional bounds, is by an appeal to the 



