44 OLEOMAKGAEINE. 



new industry may be taxed out of existence, as 1 see what legislation 

 of this kind is likely to lead to, it seems to me that I must throw off 

 for the time being the character of advocate and appear before 

 this committee merely as a citizen, and that I must ask them not to 

 make a precedent by which the Congress of the United States, under 

 the guise of internal-revenue taxation, is legislating in order to destroy 

 one industry for the benefit of another, or to affect competition between 

 two industries which have both legitimate rights. 



I thank you, gentlemen, very kindly and heartily for your attention. 



The CHAIRMAN. 1 may say that the committee join me in thanking 

 you for the very clear and lawyer-like statement of your views. I 

 wish to ask you one question. As I understood you, you made the 

 claim, or admitted, that if this article were to be sold in its natural 

 color it could not possibly be sold; that as to the ingredients, it might 

 be known what they are; that they are all healthful and good, but that 

 if left in its natural color it could not be used; that such a restriction 

 would destroy the manufacture. Is that the ground ? 



Mr. GARDNER. That is my belief. 



Senator MONEY. You said something about the necessity of coloring 

 butter in order that it may be sold. 



Mr. GARDNER. I say that as long as there is in the market something 

 which people want and which they have been accustomed to use you can 

 not sell them something which they do not want and which they are 

 not accustomed to use. Do not misunderstand me, please. If all butter 

 was left uncolored and if all oleomargarine was left uncolored, of 

 course both oleomargarine and butter would sell, and they would sell 

 upon the same plane. People would still have something to put on their 

 bread, although they could not get what they wanted. But butter is 

 not left uncolored. Butter is artificially colored yellow. The author 

 of this bill insisted yesterday that that was absolutely necessary 

 in order to meet the demand. I say as long as there is in the market, 

 even at a higher price, or as long as there is in the market even a lower 

 grade of the kind which the consumer wants, that will sell as against 

 what he does not want. 



The CHAIRMAN. Your clients take the ground that not the material, 

 but the color, sells the product? 



Mr. GARDNER. No, sir. I beg your pardon; my clients take the 

 ground that both material and color sell it. They can not sell it 

 without good material; they can not sell it without color. Neither one 

 will sell it; it must be both. 



Senator MONEY. You take the same position as to white butter, too ? 



Mr. GARDNER. Precisely. I do not mean to say that people would 

 go absolutely without white butter if the butter manufacturer would 

 not give them what they wanted. But the butter manufacturer will 

 give them what they want. I simply say that when the manufacturer 

 of any article attempts to run counter to demand, to taste, to custom, 

 he gets left. I think there is a small demand for very light colored 

 butter. 



The CHAIRMAN. In some countries I have seen very light butter. 



Mr. GARDNER. Precisely. 



The CHAIRMAN. It was the fashion, and it was good. 



Mr. GARDNER. In some countries perhaps uncolored oleo could be 

 sold. We know that in some countries practically black oleo can be 

 sold and the people want it; but where the demand is for yellow, neither 

 white nor black can be sold. 



