248 ANNUAL REPORT OF THE Off. Doc, 



Another feature is the requirement of tlie constables, in report- 

 ing to the courts, to state whether they liuow of the violation of 

 the oleomargarine law within their jurisdiction. This, at a first 

 glance, seems an absurd requirement, because the ordinary 

 constable is not competent, as a rule, to determine between 

 a good article of oleomargarine, and butter, and so if he is to de- 

 pend" wholly upon his own judgment, he, perhaps, would not have 

 a case to report once in a year. It is, however, far more reach- 

 ing. He is required to report a case, if evidence is furnished him 

 by anybody else, and if that case is found to be well taken, the judge 

 immediately directs the district attorney to have it brought before 

 the grand jury, and if a true bill is found the man is arraigned and 

 the case put down for trial. This is a short cut into court and be- 

 fore the grand jury. If any citizen has a sample, of what he sus- 

 l^i^cts to be oleomargarine, analyzed and the suspicions are confirmed, 

 he can notify the constable, who must report it to the next sitting of 

 court. Then if the man who has given information will appear with 

 evidence the court will determine whether it is well founded, and 

 if so must present it to the grand jury. This is, therefore, a very im- 

 portant clause. 



Another feature of the new law, which was in the old, but not in as 

 vsatisfactory form, is that any citizen can bring prosecution. Under 

 the old law, this w^as done at his own expense; under the new the 

 citizen receives half of the fine. 



Another feature which is made quite prominent in the new law, 

 is the right to enter a place of business and take samples. This is, 

 however, of very doubtful legality. It ie a dangerous thing to jump 

 on a man in his own store, and the man who does it does so at his 

 peril. We are, therefore, obliged to get samples by other means, 

 than hj going in and announcing the presence of the agent or the 

 Dairy and Food Commissioner and demanding that the refrigerators 

 be thrown open for his inspection. It is regarded as a very doubt- 

 ful right, for him to enter and search. That feature will have to be 

 administered with much discretion. 



Q. Has that ever been tested? 



A. It has been tested with the result that the dealer met the man 

 with^an axe. 



The publishing of a bulletin semi-annually, by the Dairy and Food 

 Commissioner, showing the suits and prosecutions that have been 

 brought, is another feature in the new law. That report, is in the 

 hands of the printer now. The report, up to the first of last July, 

 Avill we hope, be issued in the very near future. Another will be 

 l)repared after the first of January, showing the suits and prosecu- 

 tions, from the first of July to the first of January. 



Now, then, what has the Department been doing? It is a great 

 privilege, for those of us who are entrusted with the administration 



