OLEOMARGARINE. 621 



We strongly recommend you to pay no attention to those circulars. "We have 

 always been in a position to protect our customers from injustice and blackmailers, 

 and will be ever at your service should you require our aid. 



Respectfully, yours, WM. J. MOXLEY. 



And for fear the above manufacturer might get some of their trade, 

 Braun & Fitts sent out the following letter at about the same time to 

 the same dealers: 



Every licensed butterine dealer in Chicago has received circular letters from the 

 secretary and attorney for the Illinois Dairy Union, promising all sorts of trouble to 

 dealers in butterine (that honest and pure article of food). Well, now, don't you 

 believe a word of it; there is a law against blackmailing, and we want now and 

 here to go on record to the assertion, as an affidavit, that we shall civilly and crimi- 

 nally prosecute any man or party of men interfering unlawfully with the butterine 

 business in this or any other State. We know exactly where we stand; we are 

 properly advised on the subject, and now we make you a "fair offer:" " Handle our 

 goods as you always have, we in turn promise and guarantee full protection against 

 the State law (which has been declared unconstitutional) to the extent of paying 

 cost of prosecution, fines, and paying all costs pertaining thereto." In declaring the 

 law unconstitutional one of the judges stated to the effect "that the butter ring were, 

 in his opinion, liable to prosecution to recover damages done an honest industry." 

 Fair enough, isn't it? Renew your efforts, and be assured that we will be prepared 

 to fight any number of rounds in any kind of a legal fight to the finish. Handle our 

 butterine and be safe. 



THE RESULT OF PROSECUTIONS. 



Despite these prosecutions, however, the Illinois Dairy Union went 

 forward with prosecutions. Some eighteen dealers were arrested 

 charged with selling oleomargarine for butter. The warrants for their 

 arrest were uniform, and the following is a true copy thereof: 



STATE OF ILLINOIS, County of CooJc, ss: 



Charles Y. Knight, being first duly sworn, on his own oath states that he is informed 

 and has just and reasonable grounds to believe, does believe, and so on oath states 

 that N. A. Wright, late of the county of Cook and State of Illinois, whilst engaged 

 in business as M. A. Wright in the city of Chicago, county of Cook, and State of 

 Illinois, on, to wit, the 15th day of August, 1899, at his place of business aforesaid, in 

 said county and State, unlawfully, willfully, maliciously, and knowingly did sell and 

 deliver as butter and cause to be sold and delivered as butter an article of food into the 

 composition of which oleomargarine or suinehad entered, to one John Fewer, of the 

 city of Chicago, in tbe county and State aforesaid, without at the same time inform- 

 ing the said John Fewer of the fact, and of the proportion into which said oleomar- 

 garine, euine, butterine, beef fat, lard, or other foreign substance had entered into the 

 composition of said article, contrary to the form of the statute in such case made 

 and provided, and against the peace and dignity of the people of the State of Illinois. 



Affiant therefore asks that a warrant issue herein for the arrest of the said M. A. 

 Wright, and that he be prosecuted according to law. 



CHARLES Y. KNIGHT. 



Subscribed and sworn to before me this 16th day of August, A. D. 1899. 

 [SEAL.] G. W. UNDERWOOD, J. P. 



These cases were defended by attorneys employed by the two manu 

 facturing firms, W. J. Moxley and Braun & Fitts. Eoy O. West, Mr 

 Moxley's regular attorney, was counsel, assisted by Worth E. Caylor 

 The cases were fought for about two months and briefs were submitted in 

 justice court. The defense did not deny the charge of selling oleomar- 

 garine for butter. They set up the claim that the law was unconstitu- 

 tional, and the chief grounds upon which it was alleged to be invalid 

 were stated in their brief, as follows : 



[From the oleomargarine manufacturers' brief.] 



The crime charged in the complaints is that the defendants caused to be sold and 

 delivered as butter an article of food into the composition of which oleomargarine or 

 suine had entered to one John Fewer, etc., and without at the same time informing 



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