366 OLEOMARGARINE. 



her some nice creamery butter for a certain price if she will contract 

 with him for a year. Of course, that price will always be from 5 to 10 

 cents below the creamery- butter price 5 cents, as a rule. Then, after 

 she has seen the cheapness of the thing, the saving in the price, believing 

 this to be genuine butter, she will give the order. Then, a few days 

 later, these wagons come over from New Jersey into N ew York to deliver 

 these goods. They are bought for and as butter. 



We have made a fight there on this matter, but we are handicapped 

 by reason of the fact that these wagons come over as express wagons. 

 Under the interstate commerce act they can come from one State into 

 another, carrying this commodity, and we have no jurisdiction over 

 them. In other words, the citizens of another State are privileged to 

 deal in our State, and given a right which the citizens of our State are 

 denied. 



Senator FOSTER. Do you New York people do the same with New 

 Jersey take your oleomargarine over there and sell it? 



Mr. KRACKE. We do not prohibit the manufacture or sale of colored 

 oleomargarine in our State at all. 



Mr. KNIGHT. You do not understand the question. He asks if you 

 do the same with the New Jersey people sell them oleomargarine for 

 butter? 



Senator FOSTER. Do you send your wagons over to New Jersey with 

 oleomargarine to supply the people over there? 



Mr. KRACKE. Well, Senator, there is not any made in the State of 

 New York. Consequently they could not take any over there. 



Mr. TILLINGHAST. Will the gentleman permit me a question? 



Mr. KRACKE. Yes, sir. 



Mr. TILLINGHAST. Do you mean to tell this committee that the New 

 York law is not operative against the citizen of New Jersey who sells 

 oleomargarine in New York or who takes an order for oleomargarine in 

 New York? 



Mr. KRACKE. The law of the State of New York is operative against 

 a citizen who takes an order in the way you state, but the point of that 

 is this, that he comes from another State into our State, takes this 

 order, and returns to his own State, and then has it delivered in this 

 way, which makes it next to impossible to stop the traffic. 



Mr. TILLINGHAST. But the oleomargarine, when it arrives in the State 

 of New York, is subject to the jurisdiction of that State, if the sale 

 and delivery take place in New York, is it not? 



Mr. KRACKE. It is not subject to law. 



Mr. TILLINGHAST. It is not? 



Mr. KRACKE. It is not subject to law. 



Mr. TILLINGHAST. Then you differ with the Supreme Court of the 

 United States in the case of Commonwealth v. Plumley? 



Mr. KRACKE. No; I do not. 



The ACTING CHAIRMAN (Senator ALLEN). After the article comes 

 into the State 



Mr. KRACKE. After the article is delivered to the party, then it 

 becomes subject to the law of New York, of course. 



Mr. TILLINGHAST. That was my question. 



Mr. KRACKE. You did not clearly state it in that form, then. 



The ACTING CHAIRMAN. Your idea is that the State of New York 

 can not prohibit a citizen of New York going into New Jersey and 

 making a New Jersey contract for oleomargarine? 



Mr. TILLINGHAST. That is right. 



