OLEOMARGARINE. 



649 



for the selling of oleomargarine without conforming to the requirements 

 and the regulations which have been made under the law, as everybody 

 knows, who has anything to do with the prosecution of offenders under 

 that act." "What are the facts?" Mr. Eose asked. I said, "The facts 

 are these: Snyder, who has a special- tax stamp from the internal- 

 revenue department to sell oleomargarine, has sold to one of our offi- 

 cers, in the presence of another one, a piece of oleo without conforming 

 to the requirements of the law, and, of course, in violation of the State 

 law, and I want to know what you are going to do about it?" 



"Well," he said, "how do you know that he did that willfully?" I 

 said, " Is that your answer to me, Mr. Eose? " He said, " Yes." I said, 

 "That ends it; that terminates the interview; good day, sir." How 

 did 1 know he did it willfully, when a man had a special stamp for sell- 

 ing oleo, and when he sold the oleo and the facts could be substantiated 

 that he did it; what more knowledge are you going to fasten upon a 

 man than that? How can you tell; how can anybody say that he knew 

 that this was oleo except from the circumstances? What other way 

 for you to prove the facts? Oftentimes the strongest proof you can 

 adduce is but circumstances. But it has been stated by one of the wise 

 judges in Pennsylvania, in charging the constables there as to their 

 duties under the law of the State, that when a person has been found 

 with a special tax-stamp that is to be considered prima facie evidence 

 that he is selling oleomargarine, and to report the case to the grand jury. 



You do not have to have any more facts than that he is selling oleo, 

 and when we bring witnesses to them and show them by those witnesses 

 that that is oleo, we always follow that up by giving a chemical analysis 

 of the article. That is sufficient for any district attorney to proceed 

 upon. I have been to see Mr. Wilson and have stated about it, and 

 prior to Mr. Wilson's incumbency of this office I was here and saw the 

 other incumbent and stated that there were no prosecutions at this time, 

 when prior to that we used to have sometimes in the city of Baltimore, 

 with no more offenses than are being committed now, as high as 20 to 

 30 cases coming out of the district court for violations of the national 

 law and 



The CHAIRMAN. Do you attribute that entirely to the difference in 

 the method of paying district attorneys? 



Mr. HEWES. I stated that was a lamentable coincidence; I do not 

 want to attribute it to anything, but it is a deplorable condition of 

 affairs. 



The CHAIRMAN. When we had fees they prosecuted these cases, and 

 now they have salaries they neglect them? 



Mr. HEWES. I can only tell you what occurred, and it is just as I 

 state, and I deplore that state of affairs. I am not going to impute 

 anything to anybody, but 1 simply give you the statement of the facts, 

 which can be verified. You could go to the records of the district 

 court of the city of Baltimore and find what prosecutions have been 

 had of oleo offenders. 



The CHAIRMAN. How about the other prosecutions ; does the same 

 thing apply as in this? 



Mr. HEWES. I would not like to say one word about anything else. 

 This I do know. The question was asked me this morning, "Are the 

 two branches of the Government there in perfect harmony?" And I 

 said, "I rather think not, unless it is a recent state of affairs, because 

 it is generally considered that the revenue branch of the Government 

 and the judicial branch of the Government are not in perfect harmony 

 in the United States building." 



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