OLEOMAKGAKINE. 9 



ter. But if you will put this 10-cent tax on it and stop coloring it 

 like butter the game will then be up. 



Senator FOSTER. They put on a June color or a December color? 



Mr. GROUT. Yes, sir; that is it exactly. They advertise to do it and 

 they do it with neatness and dispatch. They say in these circulars, 

 which you will find in the printed testimony, that they will give it 

 just such color as may be wanted. 



Senator WARREN. As a matter of fact, butter made naturally from 

 the milk of cows will vary at different times of the year almost as much 

 as the difference between the color of that desk and the color of this 

 sheet of paper. If that is so, where is your guard against coloring 

 oleomargarine? 



Mr. GROUT. Safety consists in the fact that oleo is white. But the 

 Senator will not seriously claim that the color of butter varies as much 

 as indicated by him 



Senator WARREN. But in imitation butter, as to what degree? 



Mr. GROUT. They are not to color it at all. 



Senator WARREN. It must be purely white ? 



Mr. GrouT. Yes, sir; it must be white or some other color than but- 

 ter. The bill, if law, will prevent its assuming the color of butter 

 that is the only object so that it can not go forth and practice these 

 frauds. The closing clause in the section puts the tax so low that it 

 enables pure oleo, without disguise, to go at the cheapest possible price 

 to the consumer, and he can get it for 10 or 11 cents a pound with great 

 profit to the manufacturer and a fair profit to the retailer, who will 

 then do an honest business. 



Senator ALLEN. Suppose a man says from choice that he wants to 

 use oleomargarine, but he wants it colored, has he not that right? 



Mr. GROUT. Yes, he has the right, and let him color it himself if 

 he wants to be to that trouble. But the legislative power, to prevent 

 fraud, has a right to intervene and say that it shall not take a color 

 which is calculated to produce fraud, and then put it on the market, 

 even though it contravenes the taste of some gentlemen. 



Senator ALLEN. Do you think it is within the legislative power to 

 compel all butter to be colored, December butter, for instance ? 



Mr. GROUT. 1 do not think Congress will ever enter that field. If 

 it does, and I am here, I will then enter on the discussion of that 

 question. 



Senator ALLEN. Suppose Congress should pass a law that no Decem- 

 ber butter should be sold unless it were colored as June butter. Do 

 you think that would be within the power of Congress? 



Mr. GROUT. I do not quite see how Congress would get jurisdiction 

 of the question. We would not, certainly, unless it could be made 

 clear that some fraud was to be perpetrated, and took jurisdiction by 

 the taxing power in some way. We might do it then, but otherwise 

 we could not take jurisdiction of it. 



Senator ALLEN. Suppose the article is stamped as oleomargarine. 

 Do you then contend that it is within the power of Congress to con- 

 demn the article or to give it a particular color ? 



Mr. GROUT. No; we are not asking you to give it any particular 

 color. We are only asking that you make so expensive the coloring of 

 this stuff like butter as to leave no temptation to so color it and fraud- 

 ulently sell it as butter. 



Senator ALLEN. You want to prevent fraud ? 



