OLEOMAKGARINE. 867 



largely to one Broadwell. Nobody disputes but what there are some 

 wicked people in the retail oleomargarine business the same as in any- 

 thing else, but they are the exceptions to prove the rule that the 

 majority of the retailers are conducting the business as it ought to be 

 conducted. 



The only attempt to specify any manufacturers or wholesalers who 

 are said to be aiding the retailers in any fraudulent sales of oleomar- 

 garine are allegations wherein Mr. Knight claimed that some employee 

 of Braun & Fitts and of Moxley & Co. gave bond and aided in the 

 defense of certain . alleged violations of the law. It was promptly 

 denied by Mr. Jelke on behalf of Braun & Fitts that this man had any 

 authority from his firm to do other than protect their customers when 

 they were prosecuted for violations of what were deemed to be, or of 

 what were in some instances judicially held to be, unconstitutional laws; 

 that it was a part of the business of this employee to keep in touch 

 with everything connected with the trade, including prosecutions, and 

 doubtless he was present, but if said employee exerted himself in 

 behalf of a dealer guilty of selling oleomargarine for butter, that it 

 was against express instructions of the firm of Braun & Fitts, and 

 that he was further of the opinion that Mr. Moxley did not counte- 

 nance such proceedings. Mr. Knight also produced some correspond- 

 ence of the two firms which he claimed amounted to an agreement to 

 furnish assistance in violating the laws, but which the representatives 

 of the firms insist were merely an assurance that they would defend 

 against any unwarranted interference under invalid laws by the offi- 

 cers and the attorneys of the National Dairy Union. (Senate Hearings, 

 p. 465; House Hearings, p. 38.) " And it seems the factories were 

 right, since, according to Mr. Knight's own statement, the suits failed. 

 (House Hearings, p. 40.) And it seems that his nameless clerk, who 

 had worked in nearly all the stores and was ready to betray his 

 employers, was not able to furnish a case that would stand a legal test 

 (p. 461). 



The Ohio commissioner impliedly accused the Columbus company of 

 a wholesale defense of retail dealers, but in reply to a question from 

 Senator Foster as' to whether or not they defended cases where the 

 retailers were selling oleomargarine for butter he stated that his 

 impression was that they did, but he could not recall one particular 

 instance of that kind. (Senate Hearings, p. 163.) Except general 

 accusations, there is nothing in the record charging any of the other 

 24 manufacturers of oleomargarine or any of the 400 wholesalers of 

 defending any retailer for selling oleomargarine for butter. Mr. 

 Flanders, who was very free in most of his accusations, was careful 

 not to even make these accusations against the manufacturers. He 

 started at the top of page 126 of the Senate Hearings to make a 

 wholesale accusation as to what the manufacturers did all over the 

 country; then he modified the statement and confined it to New York; 

 then he called attention to that statement, saying: u Mind you how I 

 put it that we are told by parties who have been approached that 

 they offered to indemnify them." They failed to produce a single 

 man who has ever been indemnified or who has been offered to be 

 indemnified by either a factory or wholesaler of oleomargarine. 



Gentlemen, they have failed in their proof of any fraud at all on 

 the part of manufacturer or wholesaler and have shown an amount of 

 fraud on the part of the retailers as small as could be expected to exist, 



