No. 6. DEPARTMENT OF AGRICULTURE. 247 



for the consideration of the court and jnn. The matter is then in 

 the hands of the jury, and they determine what is to be done. 



This perhaps, clears up the question of responsibility, iiegging 

 the Chairman's pardon, I didn't say that we were "going to clean 

 uj) the whole business at once." That would be a foolish expression 

 for any man to make, when he knows that he is face to face with the* 

 courts. He is, however, responsible for bringing the evidence to 

 the court. 



One of the points of difference between the oldi and new laws, is, 

 that under the new law, notice of the use of oleomargarine in any 

 restaurant or hotel, must be put upon the counter where used. 

 With the dealers, notices on the packages must be in full view. 

 L'nder the old law they concealed them. The dealer, whether in the 

 wholesale or retail trade, must keep a set of books showing the con- 

 signments of oleomargarine, to whom consigned and the railroad by 

 which it was shipped. If a retailer, he is also required to show from 

 whence the goods w-ere obtained. The Dairy and Food Commissioner 

 prepared, in accordance with law% forms of record books, and t?' se 

 were sent out to all persons applying for license. The Dairy and 

 Food Commissioner now has authority to require, that the retailer 

 or wholesaler shall open his books, if necessary, and show the ex- 

 tent of his business; from whence he received consignments, and 

 to whom consignments are to be sent. 



Another feature of the new law, is in regard to penalties. In 

 civil prosecutions the penalties are the same in both laws, and in 

 the first offence under criminal prosecution, in the new law the 

 penalty is the same; but, when a second offence occurs, under crimi- 

 nal prosecution, the fine is more than double. Five hundred dollars 

 is the least fine, ^1,000 is the maximum. Imprisonment is obligatory 

 and is not left as before to the discretion of the court. 



The new law, also, permits the Dairy and Food Commissioner to 

 present, as evidence, before magistrates and in courts, a certificate, 

 signed by himself and the Secretary of Agriculture, as to the fact 

 of a man's having taken or not having taken out a license. Hereto- 

 fore, it was necessary for the Dairy and Food Commissioner to ap- 

 pear in person and testify to this fact. It was exceedingly expen- 

 sive, and often very difficult for him to be present at all hearings. 

 Another feature is the injunction clause, which is intended to re- 

 strain the dealer from continuing the sale of oleomargarine pending 

 a suit. This is virtually taken from the New York code. There has 

 been no case brought under this injunction clause yet, for the 

 reason that I will explain a little later. The lawyers were some- 

 what in doubt, as to just how the courts would determine this ques- 

 tion. It does not follow, that because this is good law in ^'ew York, 

 it is valid in Pennsylvania, 



