286 OLEOMARGARINE. 



No practitioner who had any conscience, any self-respect, any pride 

 in his profession, would attempt to reach the sacred ear of the judge, 

 as is intimated in this statement. And I want to say for our Cin- 

 cinnati judges and juries and justices, so far as I know, that while I 

 have had eases decided against me, I have always felt that whether I 

 won or otherwise, the case was decided by the judge according to his 

 very best efforts, and that he was entirely honest in every particular. 

 And. that has been my experience in the various State and Federal 

 courts in which I have practiced law. As to our using every honest 

 effort, we have a right to do it. We would not be true to our clients, 

 we would not be true to our profession, if we did not do our best within 

 legitimate bounds. 



Mr. Knight goes on : 



The prosecution of such offenders requires the very highest grade of talent ; and 

 their conviction, experience and a statute which will stand the onslaught of the 

 most resourceful lawyers. A law may have answered for years in regulating other 

 evils, but, when contested by such ability as is employed by the oleomargarine mil- 

 lions, might be picked to pieces and rendered absolutely worthless through the 

 manipulations and researches of the experienced tricksters. 



The experience of every member of the committee and every other 

 intelligent man has gone to show that a trickster never gets very high 

 in his profession ; and a trickster is not a man who is competent to work 

 havoc with all these statutes, which are so carefully prepared. 



No technicality is too small for them to take advantage of and make the prosecu- 

 tion the expense of a test case in the Supreme Court. 



That is all right. We are entitled to that. 



I will omit quite a good deal which I had intended to quote. But lie 

 says further on (p. 45) : 



In this matter the people of the States have expressed themselves by a four-fifths 

 majority as being opposed to the existence or commerce in the article wo seek, if 

 you please, to discourage by taxation. The legislatures of thirty- two leading States 

 have declared traffic in oleomargarine colored to resemble butter to be a menace to 

 the individual rights and welfare of their people. 



Any horse can win a race when there is only one entry ; and, so far 

 as I know, there has been no effort on the part of anyone to prevent 

 the passage of these State laws. 



The ACTING CHAIRMAN. Now, why has the trade in oleomargarine 

 quietly acquiesced in criminal and other statutes in thirty-two States, 

 the effect of which would be to totally wipe out their business, if in 

 point of fact such statutes would have that effect? 



Mr. SCHELL. Mr, Chairman, I was coming to that matter later, but I 

 will an swer you now. Contrary to the evident belief of these gentlemen, 

 every man is presumed to be innocent until he is proven guilty; and in 

 deciding that question he is entitled to have the judgment of twelve of 

 his fellow-men. And the sentiment against this class of legislation, 

 "their millions of people" to the contrary notwithstanding, is so strong 

 that a jury will not convict unless a very clear case is made. 



The AcTiNGr CHAIRMAN. Now, do you mean to say, Mr. Schell, that 

 the oleomargarine trade has relied on its ability, by litigation, to defeat 

 these State statutes, and for that reason has regarded the legislation 

 of the States as unimportant 1 ? 



Mr. SCHELL. No ; I do not mean to say that ; and in speaking as I 

 do in this case, I do not want to appear as outlining the policy of any 

 factory, either my own clients or others. But my experience has been 

 that good people make good laws. Good laws, however, do not make 

 good people; and when bad people pass bad laws, the fair-minded 



