802 OLEOMARGARINE. 



Mr. LAVERY. I do not think so. 



Representative NEVILLE. Now, there was a lot of your manufactured 

 product sold in Nebraska last year and the year before, was there not! 



Mr. LAVERY. We do some business in Nebraska; yes, sir. 



Representative NEVILLE. Now, is it not true that there is and has 

 been right along a law upon the statute books there which prohibits 

 the sale of oleomargarine colored in imitation of butter. 



Mr. LAVERY. Well, there has been a law there, but it has been in 

 litigation. 



Representative NEVILLE. But is it not true that this butterine of 

 yours which was sold in Nebraska, colored, had to be sold as butter, or 

 it could not have been sold? 



Mr. LAVERY. No, sir; I do not think so. 



Representative NEVILLE. Have you traveled through Nebraska 

 lately? 



Mr. LAVERY. I have been in Nebraska; yes, sir. 



Representative NEVILLE. And have you seen establishments there 

 selling colored oleomargarine branded as oleomargarine? 



Mr. LAVERY. Yes, sir. 



Representative NEVILLE. Tell me one place where you saw it. 



Mr. LAVERY. Omaha has a number of stores which handle oleo- 

 margarine, pay the internal-revenue license, and sell it as oleomarga- 

 rine. 



Representative NEVILLE. And have it branded as oleomargarine? 



Mr. LAVERY. Yes, sir. 



Representative NEVILLE. Notwithstanding this law on the statute 

 books? 



Mr. LAVERY. Yes, sir. We have ourselves sent in the last three 

 months at least a dozen oleomargarine stamps to retail dealers in 

 Omaha. 



Representative NEVILLE. In the last three months? 



Mr. LAVERY. Yes, sir. 



Representative NEVILLE. Now, that was since the lower court held 

 that the law, for technical reasons with reference to its passage, was 

 not constitutional, was it not? 



Mr. LAVERY. We have always furnished the stamps necessary for 

 the marking of packages in Omaha; and I believe the Omaha dealers, 

 without exception, handle oleomargarine and sell it for exactly what 

 it is. 



Representative NEVILLE. Do you not know that a firm there in Omaha 

 was fined $800 only a short time ago for selling oleomargarine as butter, 

 and that they have now got an application before the Internal Revenue 

 Department here, which was put in through me, to have that money 

 returned to them ? 



Mr. LAVERY. I do not know, sir. 



Representative NEVILLE. The application was put in through me, 

 and I was called upon to assist in getting the money returned to them. 



Mr. LAVERY. I do not know that, no, sir. 



Representative NEVILLE. Well, I say to you that that is true. 



(After informal discussion among members of the committee) 



Representative WILLIAMS. Suppose there were a law of the United 

 States taxing butter, when colored artificially in any manner, 10 cents 

 a pound; do you think it would interfere with the sale of butter? 



Mr. LAVERY. I most certainly do. It would be a pretty good thing 

 for butterine. 



Representative WILLIAMS. Then a law taxing oleomargarine to that 



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