Commissioner of Agriculture, 17 



OLEOMARGARINE. 



On the third day of March, 1894, an injunction order was granted 

 by the Hon, Alfred C, Coxe, District Judge of the United States 

 Court, in a suit brought by Armour & Co. against me, as Commis- 

 sioner of Agriculture, restraining myself and the agents of this 

 Department from interfering with the sales of oleomargarine and 

 butterine manufactured by the parties and shipped into this State 

 in the original package, and which they claimed the right, under 

 the decisions of the court in reference to interstate oommeroe, to 

 sell in that form within the State. By this injunction these makers 

 were allowed to continue their then existing agencies in New York 

 ^ity, Buffalo, Kochester, Utica and Albany, until the final deter- 

 mination of the action. As outlined in my last annual report this 

 litigation was terminated December 24, 1894, by the entry of an 

 order in the United States Court dismissing the suit, after the de- 

 cision of the Supreme Court of the United States in the case of 

 Plumley v. Commonwealth of Massachusetts (155 U. S. 461), deter- 

 mining the right of the States to enforce their statutes against 

 the sale of oleomargarine colored in semblance or imitation of 

 butter. 



During the time this injunction was in force a large amount of 

 oleomargarine was shipped into and sold within this State by 

 Armour & Co., and other dealers. Armour & Co., however, being 

 the most persistent violators of the law and the largest dealers. 

 After the termination of the litigation overtures were made by 

 them for a settlement with the State for penalties incurred during 

 the time that the injunction was in force, and power was conferred 

 upon me by chapter 70 of the Laws of 1895, with the consent of the 

 G-overnor and Attorney-General, to settle and compromise all 

 claims of tliis kind in favor of the State, which act reads as 

 follows: 



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