4.8 Ninth Annual Report op the 



advertising for sale any substance, preparation or matter for 

 use in violation of the provisions of the Agricultural Law, shall 

 be guilty of a violation of this act." 



The amendment of 1900 became a law in April of that year. 

 In July 1900, the plaintiff served the defendant with the sum- 

 mons and complaint in this action which alleged: 



" That for some time prior to June 27th, 1900, and on the 27th 

 day of June, 1900, at his store, No. 59 Murray street, borough 

 of Manhattan, city of New York, the defendant did offer for 

 sale, did advertise for sale and did sell a substance, preparation 

 or matter called preservaline, which was declared by him to be, 

 and advertised by him to be put into, mixed with and made a 

 part of dairy products and be a preservative of butter or other 

 dairy products. That said substance, preparation or matter 

 called preservaline is a preservative, and is not salt to be put 

 into butter or cheese and is not spirituous liquors to be put 

 into club or other fancy cheese, and is not sugar to be put into 

 condensed milk. 



" That the defendant offered for sale, advertised for sale and 

 did sell the said substance, preparation or matter with the intent 

 and recommendation that the purchaser should manufacture it, 

 mix or compound it with or add it to natural milk or cream and 

 other dairy products, and then sell the said dairy products con- 

 taining the said preservative. That said advertisement, offer 

 of sale and sale of said substance, preparation or matter by the 

 defendant was advertised and sold for use in violation of the 

 provisions of the Agricultural Law, and contrary to section 27 

 of chapter 338, of the Laws of 1893, as amended by section 1 of 

 chapter 149, of the Laws of 1899, as amended by chapter 534 of 

 the laws of 1900." 



The defendant admitted that he advertised for sale, offered 

 for sale, and sold a substance to be put into and mixed with 

 dairy products, and such substance he advertised to be a " pre- 

 servative," but he demurred that he was thereby breaking the 

 law of the land, and alleged the statute of 1900 — that no per- 

 son shall sell, offer or expose for sale, any butter or other dairy 



