692 ANNUAL REPORT OF THE Off. Do«. 



this resolution is subjecting himself to attack. We hare, Mr. Chair 

 man, many judges who suspend sentences. Very often it is done in 

 the case of one who has violated the law for the first time in order to 

 give him a chance, and as a warning to other offenders to keep them 

 from breaking the law. You do more than this in this resolution; 

 you place the Secretary in a false position. You put him in the place 

 of attacking the lower court, and if the opinion of the judge of the 

 lower court is wrong there is a higher court to determine that. 



MR. CREASY: I received a report a week or so ago from the 

 Dairy and Food Commissioner of this State showing a statement 

 where he received the sum of |38,000 for violations of the law, which 

 was placed in the State Treasury and which was to be used for the 

 suppression of violations of the oleomargarine law. Who is to en- 

 force that law? Is it you, or myself up in Columbia county? No, I 

 can't do it because I haven't the money. It is the State Depart- 

 ment of Agriculture that should enforce that law and here are 

 |oS,000 with which to do it. I am thoroughly in favor of that 

 resolution stating, that it is contrary to law and the dairy interests. 



MR. McHENRY: We have added a certain thing, and with your 

 permission I will read it: ''And if found that Judge Miller has 

 taken a position which is contrary to law as well as to the dairy in- 

 terests and the protection of public health." 



MR. CREASY: That is all right. 



b' 



MR. McSPARRAN: I don't know whether I have a right to speak 

 before this body. I am not a member of it. I came here represent- 

 ing the cattle club of my own county. As I am in a section where 

 the dairy interests are the most important interests of the farmer 

 I am sure we would appreciate, to the fullest extent, the passage of 

 this resolution by this Board practically as it has been presented to 

 us. The matter of pure dairy products is one of great importance 

 to us for the reason that we are manufacturing pure butter and put- 

 ting it into the market, and we made the strongest fight against the 

 manipulations and endeavors of people who wanted to substitute 

 a spurious article to the endangerment of our business, and, while 

 I should not advise the State Board to go into a criticism in the ex- 

 ercise of the powers of the judiciary, yet it does not appear to me 

 that we can state our case any too strongly, and if in that statement 

 there is warranted a condemnation of the action of the judge he 

 must take the consequences. 



COL. DEMMING: In my long experience with the courts of Penn- 

 sylvania I believe the Judiciary are above reproach. But sometimes 

 it does occur that a person is elevated to that responsible position 



