246 ANNUAL REPORT OF THE Off. Doc. 



THE OLEO LAWS OF PENNSYLVANIA. 



BY PROF. JOHN HAMILTON, Secretary of the State Department of Agriculture. 



The topic that is placed upon the programme for me to discuss is 

 called, *'The Oleo Laws of Pennsylvania." 1 do not know whether 

 it was intentional on the part of the committee, to have law in the 

 plural or not. It is, however, a correct statement. In Pennsyl- 

 vania we have two oleomargarine laws that are operative. One is 

 the old law of 1899; the other the new one of 1901. 



As most of the members of the Dairy Union are perfectly familiar 

 with the old law, it seems unnecessary to state anything with regard 

 to its conditions. You know that there was dissatisfaction with the 

 character of it. When the new law was framed, there was a saving 

 clause attached, providing that suits that had already been brought 

 under the old law, should be continued. We, therefore, had several 

 hundred suits under the old law on our hands when the new law 

 went into effect, and they are still in our hands for disposition. But 

 one of two things can be done with these: either to drop from the 

 list, or prosecute them as far as it is possible to do so. The new 

 law differs from the old, in several important respects. When we 

 were discussing the provisions of the old law, it was alleged, that 

 if certain amendments were placed in the new law, there would be 

 a chance for their enforcement, provided the courts sustained the 

 law. The Dairy and Food Commissioner of the Department of Agri- 

 culture, can do nothing more than appoint agents, send them out 

 through the State to collect samples, submit these samples to the 

 chemist, and if they are found to be adulterated, have the matter 

 brought to the attention of a magistrate, and the person arrested 

 and fined. If it is a civil action, the defendant has the right of ap- 

 peal to the court, and the case is then similar to any individual case, 

 prosecuted by an individual citizen. The State of Pennsylvania, 

 stands exactly in the shoes of the individual citizen. Under this 

 new law there is express declaration, that the individual citizen shall 

 have the same privileges and powers, that the State has, in the prose- 

 cution of the oleomargarine law. 



The enforcement of this law, is in the hands of the Dairy and 

 Food Commissioner, and he is responsible up to the point that I 

 have stated; until the case comes to court. Then his responsibility 

 ceases, except that he is to produce the evidence that he possesses, 



