OLEOMAKGAKINE. 457 



Senator ALLEN. But suppose in searching for butter I walk into one 

 of these oleomargarine stores, not knowing but what oleomargarine is 

 sold there, and I see an article like this, and I say " I want 10 pounds of 

 this butter." They will sell it to me, will they not? 



Mr. HEWES. If you call it butter? 



Senator ALLEN. I do not know. I am in search of butter; I walk 

 in and see this article. 



Mr. HEWES. You see that article, but you walk into the oleomarga- 

 rine side, you mean ? 



Senator ALLEN. But I do not know the oleomargarine side. 



Mr. HEWES. But they have got big placards there in 4-inch letters. 



Senator HEITFELD. They have that here at this market now. 



Senator ALLEN. Suppose I buy a cigar and give the gentleman a $5 

 bill. He gives me back the change. I do not stop to count it. I do 

 not know whether he has given me the right change or not. So I walk 

 into one of these stores and I want some butter. I do not look at pla- 

 cards or signs. 1 suppose he is a reputable dealer, and I call for butter. 

 He gives me oleomargarine, and there is an open opportunity to perpe- 

 trate fraud, is there not 1 ? 



Mr. HEWES. No, sir; not over there, because those laws are too 

 strictly enforced. I will tell you what the restriction is. I say this to 

 the sorrow of us Americans. I am so American in my composition that 

 I do not like anybody who is not American; but when it comes to the 

 enforcement of laws, they beat us on the other side. I am sorry to 

 admit it. When the law over there requires them to put a label on the 

 outside of this package, it goes there, Senator; and when you buy that 

 10 pounds, and you may call it anything you please, you get a label on 

 the outside " Oleomargarine," or, as they call it, " Margarine." 



Mr. ADAMS. Will you permit me to interrupt you a moment, Mr. 

 Hewes? 



Mr. HEWES. Yes, sir. 



Mr. ADAMS. I want to get into the record this case on the question 

 of whether or not the placing of oleomargarine upon a table is construed 

 as a sale or not by the courts. The case to which I refer here is the 

 case of Commonwealth v. Worcester, 26 Mass., 256. That is a case where 

 a man bought a breakfast for 35 cents and found the milk was adul- 

 terated. An action was brought against the hotel keeper, who was 

 ignorant of the fact even that the milk was adulterated. It was proved 

 that it was a sale of adulterated milk, and it was so decided. 



Mr. TILLINGHAST. Perhaps there was something in the milk that was 

 deleterious to health. 



Senator ALLEN. That is upon the well understood principle of the 

 law that a man can not plead his ignorance of the law. 



Mr. HEWES. If I understood the Senator right, the suggestion was 

 that this committee were too good lawyers to need any legal references 

 or references to cases. Otherwise I would simply strew the table with 

 cases from Maine to California. 



Mr. TILLINGHAST. While I am on this question I will ask you this : 

 Do you understand that in foreign countries you spoke of France and 

 Holland and Belgium what oleomargarine is sold is sold as of the same 

 color as butter? 



Mr. HEWES. Oftentimes, yes. That is a good general question and 

 a good general answer. In foreign countries oleomargarine is sold of 

 the same color as butter. 



Mr. TILLINGHAST. And they are able to enforce their laws without 

 having an anticolor law ?. 



