No. 6. DEPARTMENT OF AGRICULTURE. SI 



indicates that when the license is obtained by a person, firm or cor- 

 poration, such license shall authorize the agents, servants and em- 

 ployes thereof to manufacture and sell oleomargarine. 



Under the provisions of this law it is clear that both the person 

 and the place are licensed. It is also clear that oleomargarine could 

 not be sold by an unauthorized person at an authorized place or by 

 an authorized person at an unauthorized place. In order to bring the 

 sale within the terms of the statute, it must be made by a person who 

 has been licensed, through himself or his agent, and from a place 

 which has been licensed. The license issued to a person, firm or corpor- 

 ation, does not authorize an itinerant business in oleomargarine. This 

 act must be construed to carry out the Legislative intent. Manifestly 

 one of the purposes of the Act was to have the oleomargarine business 

 under the inspection and supervision of the Dairy and Food Commis- 

 sioner. If a license were a roving commission to permit taking of 

 orders in other cities and towns other than one designated in the 

 license, it w^ould make inspection or supervision by the Dairy and 

 Food Commissioner extremely difficult. 



If such a scheme could be followed, one person might take out one 

 license for an entire county and transact his business by means of 

 traveling agents taking orders therefor, or even extend such business 

 into other counties. 



It might be an unreasonable construction to hold that every clerk 

 of a retail dealer who has a license to sell oleomargarine, must be 

 also licensed because the act says that every agent of such person, 

 firm or corporation desiring to manufacture, sell, offer or expose for 

 sale, oleomargarine, shall make an application for a license so to do. 

 Where a clerk or employee, in the regular course of his business is 

 taking orders for other goods and along therewith, and as incident 

 to such business takes orders for oleomargarine to be delivered with 

 the other products, such transactions may fairly be covered by the 

 retailer's license. On the other hand, it would be just as unreasonable, 

 and do violence to the Legislative intent, to say that under this 

 statute, a license to sell oleomargarine at retail, would permit the 

 agents of the holder of the license to travel around into other cities 

 and towns for the purpose of obtaining orders, even though the orders 

 were to be filled by subsequent delivery from the place licensed. No 

 such legislative intention can be gathered from this statute. The 

 language is : 



"Such licenses shall not authorize the manufacture or sale 



at any other place than that designated in the application and 

 license." 



To he more specific: If a retail merchant, icho holds a retail oleo- 

 marqarine license, has regular clerks taking orders for groceries, 

 and orders for oleomargarine are taken along loith other orders, hy 

 6—6—1915 



