No. 6. DEPARTMENT OK AGRICULTURE. Sa 



The purpose of comiiienciDg these piosecutions was solely to en- 

 force the law, pi'ohibi(iu*j tlie sale of oleomargarine when colored in 

 imitation of yellow butter. 



The proseciitions were commenced by the proper authority of the 

 Executive Department of the Commonwealth of Pennsylvania. A 

 public purpose was intended to be promoted by the commencement 

 of these prosecutions. No private interest was considered iu setting 

 tlu; law in operation. 



The action of the grand jury has apparently been taken in utter 

 disregard of the testimony submitted. Such action, it is respectfully 

 contended, calls for more than passing notice from this Honorabre 

 Court. If the laws of the Commonwealth have been violated, and 

 the evidence submitted to the grand jury clearly indicated such vio- 

 lation, then there has been a manifest disregard of duty by the grand 

 jury, which calls for correction at the hands of this Honorable Court. 



This Court is charged with the duty of administering justice and 

 enforcing obedience to the mandates of the statutes of the Common- 

 wealth. To permit a clearly proven violation of the law to go un- 

 rebuked and unpunished, would be discreditable to the administra- 

 tion of justice. If the Executive Department of the Commonwealth 

 i& expected, as it certainly is, to enforce the law in accordance with 

 the mandate of the statutes of the Commonwealth, it must look to 

 the courts for aid and assistance in bringing offenders to trial. 



If it be suggested that the action of the grand jury is not final, and 

 that new prosecutions may be commenced against the alleged offend- 

 ers, it is respectfully submitted that a sufficient reply to this sug- 

 gestion is the fact that costs have already been incurred to a large 

 amount, in a faithful effort on the part of the representatives of the 

 Commonwealth to bring alleged offenders to justice, and that these 

 costs ought not to be borne by any public oflflcial, or by any municipal 

 division of the Commonwealth. If the law has been violated, the 

 costs of punishing the offenders should, as a matter of simple justice, 

 be imposed only upon such offenders. To permit these costs to be 

 borne by a public official, who has acted in good faith in the perfor- 

 mance of official duty, would be contrary to justice, and in violation 

 of all judicial precedent. To permit these costs to be paid either by 

 a county or by the Commonwealth itself, would be to encourage of- 

 fenders to continue their disregard of the mandates of the Common- 

 wealth. It would invite disregard of law and continued violations. 

 The law in question was duly enacted by the Legislative Department 

 of the State Government, after full discussion and consideration of 

 the merits of the measure. 



It is too late to consider whether the statute is wise or unwise. It 

 is the law of the Commonwealth, and as such must be enforced bj 



