ELEVENTH ANNUAL YEAR BOOK— PART IX 479 



by the same person at different points throughout the state, provided the 

 change in price is made in good faith to meet competition in a particular 

 locality. 



3. The payment of a different price than that generally paid through- 

 out the state for the same article, considering the difference in cost of 

 transportation, by the indirect method of fraudulently reading the butter 

 fat test is as clearly illegal and a violation of the act as though a different 

 price were paid in the regular way, provided that this is done for the 

 purpose of destroying the business of a competitor or creating a monopoly. 



4. The enforcement of this act is by section 5028-c of the supplement 

 to the code 1907, especially enjoined upon the county attorney and the 

 attorney general. 



I conclude, therefore, that the only duty incumbent upon you in refer- 

 ence to this act is that which necessarily results from the nature of the 

 act and its relation to your department. 



Considering that complaints for violations of this act will constantly be 

 presented to your department, I suggest that you refer all such complaints 

 to the county attorney of the county where the law is violated, and also 

 to the department of justice. 



H. W. BYERS, 

 H. R. WEIGHT, Attorney General. 



State Food and Dairy Commissioner. 



June, 1909. 



Prosecution lias been undertaken in two counties of the state for 

 alleged violation of this act and both cases will no doubt come to 

 trial within a few months. The outcome will be watched with much 

 interest and will likely have the effect of making camplaints of this 

 character fewer in number. 



PRICE OF BUTTER. 



The table given herewith shows the average price of extra western 

 creamery butter in the New York market to have been $.3054 for 

 the past year. This shows an increase of one and one-third cents 

 per pound over the preceding year, and shows that butter has fol- 

 lowed the general increase in prices of produce. The average price 

 of butter for the year ending November 1, 1910, is $.0384 higher 

 than the average for the past eleven years. 



Notwithstanding the high price received for butter, the make of 

 butter decreased practically eight million pounds from the previous 

 year. It is not easy to explain the cause of this decrease and it is 

 no doubt due to a number of different causes. The increase in 

 amount of milk necessary to supply the larger cities has no doubt 



