No. 6. DEPARTMENT OF AGRICULTURE. 91 



is colored to appear like butter can legally be sold in this State 

 by any dealer, whether licensed or unlicensed. The license certifi- 

 cate issued to such dealer is. therefore, plain upon this point. 

 Notwithstanding- the prohibitory statute, numerous Western Penn- 

 sylvania dealers who disregarded this specific provision of the law, 

 were arrested and fined. In the ease of certain persistent and con- 

 tinued violators, the Allegheny county courts granted injunctions 

 against such dealers, the mandamus proceedings being instituted 

 by the local attorney. These proceedings attracted a wide-spread 

 interest, and the pure food authorities of several states have applied 

 to the Pennsylvania officials for a full description of the proceedings, 

 in order that similar conditions in their own states may be remedied 

 by the radical methods which have proven successful here. 



Another interesting phase of the oleomargarine business in Penn- 

 sylvania is the recent development that certain licensed dealers 

 who are engaged in the sale of uncolored goods are alleged to have 

 supplied their patrons with capsules for coloring the oleomargarine 

 in imitation of butter, after the sale was concluded, and in some 

 instances, not until after the goods had been removed from the 

 seller's premises. These capsules were given away, but the legality 

 of the act has been severely questioned by both the Federal and State 

 officials. In the first instance the oleomargarine is supposed to be 

 sold in its natural, uncolored condition, and the addition of the 

 coloring matter would quickly transform it into colored oleomarga- 

 rine, which has no legal status, whatever, in Pennsylvania. In the 

 second example, if the oleomargarine is colored yellow, it is in viola- 

 tion of the Federal statute, since the ten cents per pound revenue 

 tax was not paid on the questionable goods. The United States 

 revenue authorities in Philadelphia are quietly investigating the 

 somewhat peculiar and complex situation, and their action will be 

 awaited with interest by the trade generally. There are those who 

 believe that the giving away of the capsules to patrons who bought 

 oleomargarine with instructions how to color and improve its appear- 

 ance might possibly be construed into a conspiracy to deprive the 

 United States Government of its proper revenues. The State au- 

 thorities believe in protecting licensed dealers, and recognize their 

 legal rights, but when they disregard their privileges and transgress 

 the National statutes, the Dairy, and Food Commissioner is powerless 

 to aid or defend them. The violation of law, in some instances, was 

 practically, a double one. 



COLORED OLEOMARGARINE ILLEGAL. 



That the anti-color clause in the Act of Assembly intended to regu- 

 late the manufacture, sale and use of oleomargarine in Pennsylvania, 

 is constitutional has been affirmed by the higher courts in several 

 recent decisions. The oleomargarine dealers with but few excep- 

 tions are law-abiding, recognizing that the Commonwealth has the 

 right not only to pass restrictive but also prohibitory legislation. 

 The dairymen and farmers of Pennsylvania rejoice in these court vic- 

 tories, claiming that the protection against fraudulent dairy pro- 

 ducts has resulted in maintaining at least a normal demand for pure 

 butter at remunerative prices. At numerous grange gatherings this 

 subject met with a generous discussion, with the result that strong 

 resolutions of thanks were adopted, and asking that the Dairy and 



