OLEOMARGARINE. 833 



is, has a new article the right to come in and usurp a characteristic 

 absolutely foreign to its natural condition under any circumstance and 

 the distinct property of another popular and more expensive article 

 for centuries? 



To settle this question, we must inquire, why should not the new 

 article assume the cloak and color of the older and more popular and 

 expensive ? 



The answer, as we claim is shown by the testimony, is that the 

 yellow color in oleomargarine makes it look like butter and causes 

 thousands to buy it at a butter price, thinking it is butter, or to con- 

 sume it as butter when they would reject it if its real character were 

 not concealed by the yellow color. The color in butter fools nobody 

 into believing it is anything else. 



How do we prove that the yellow color in oleomargarine is used to 

 deceive ? 



First, by the common sense of every man who knows he has eaten 

 oleomargarine hundreds of times at public houses, because a large 

 proportion of them serve it, and not having recognized it. Had it 

 not been disguised by the color, he would have known it at the time. 



But to go to the testimony and prove our case by the record. 



On April 5, 1899, William J. Moxley, of Chicago, sent his trade the 

 following circular letter, as shown in the House testimony (page 606): 



[William J. Moxley, manufacturer of fine butterine, 63 and 65 West Monroe street.] 



CHICAGO, April 6, 1899. 



NOTICE TO THE TRADE. 



Inclosed find a color card, which is as near the color of our butterine aa the print- 

 er's art can represent. Our aim in sending you this card is to aid you in selecting 

 the proper color suitable to your trade. Mistakes are easily made, but hard to remedy. 



In nearly every section of the country there is a difference in the color of butter, 

 and even in certain seasons of the year there is a change, as you will have noticed. 

 In winter butter is of a lighter color than in summer; in many sections this is the 

 result of the difference in feed or pasture. 



We can give you just what you want at all seasons if we know your requirements. 

 As an example: No. 1 has no coloring matter; No. 2 a little coloring, and so on to 

 No. 8, which is the highest-colored goods we turn out. Preserve this card, order 

 the color you want by number, and we will send you just what you want. 

 Yours, truly, 



W. J. MOXLEY. 



Now, if Mr. Moxley had not anticipated or intended to suggest that 

 his customer should sell this oleomargarine as butter, why should he 

 suggest the ordering by color card to correspond with the natural color 

 of "butter?" He might have some claim to a desire to furnish a color 

 suitable to a locality, but why suggest that " the color of butter is 

 lighter in winter than in summer?" Are we to presume that the taste 

 of the consumer changes with the "season?" 



Does not the above circular show that the object of coloring oleomar- 

 garine is to imitate butter even to the different seasons, when feed or 

 pasture changes its natural color ? 



If the intention was not to imitate butter, why mention butter at all ? 



If tastes vary for oleomargarine, why not say, "In nearly every sec- 

 tion of the country there is a difference in the color of oleomargarine, 

 and even at certain seasons of the year there is a change, as you will 

 have noticed. In winter oleomargarine is a lighter color than in sum- 

 mer. In many sections this is the result of the difference in feed or 

 pasture." 



But Mr. Gardner, representing the Oakdale Manufacturing Com- 

 S. Rep. 2043 53 



