OLEOMARGARINE AND BUTTERINE. 51 



With regard to the adverse decision in the Kerin case, the opinion cf Messrs. Risley, 

 'Quin & Perry says : 



" The submission in the Kerin case was, as we have stated, under the advice of one of our 

 firm. The Commissioner did not know of it at the time of its submission. The case was 

 finally submitted by the district attorney in accordance with our suggestion. After the agree- 

 ment for the submission had been made and the case submitted, the Cipperly decision was 

 made by the Court of Appeals, which apparently held the precise point involved in this case, 

 as we understand its effect. The indictment against Arensburgh, involving the constitution- 

 ality of Section 7, was tried on January 6, 1886, and a conviction obtained against him for 

 selling oleomargarine. The judge before whom it was tried, and the assistant district attor- 

 ney who tried the case, took a little different view of the construction of Section 7 from that 

 which we have argued. No question was raised, however, by the defendant's counsel in that 

 Tespect. The case has been submitted on appeal to the General Term of the Second Depart- 

 ment. An early and favorable decision is anticipated." 



COMMISSION MERCHANTS' PROTEST. 



THEY EXPRESS THEIR OPPOSITION TO ANY REDUCTION OF THE APPROPRIATION 

 FOR THE DAIRY DEPARTMENT. 



In March last the leading butter merchants sent the following communication to members 

 of the Legislature. It explains itself : 



We, the undersigned dealers of Dairy Products of .this city, in view of the fact that the 

 Senate Committee on Finance having reported in favor of reducing the Assembly Appropri- 

 ation for the Dairy Commission of $75,000 to $50,000, which in our judgment is a serious 

 mistake, as it is within our knowledge that the Dairy Commission have used every effort 

 within their power to enforce the Oleomargarine law, and have accomplished a great deal in 

 protecting the consumer against being defrauded. 



It is a question beyond dispute that the enforcement of the law has saved to the Dairy 

 interest of this State not less than one and a half millions of dollars during the past six 

 months. In our opinion, the experience obtained by the Commission how to deal with this 

 gigantic fraud is of incalculable value. Any change whatever in the law or execution of the 

 same would be detrimental to the Dairy interest and to the consumer of the Dairy product. 

 We are aware of the obstructions the Commission have had to contend with in the courts, 

 and especially in dealing with the manufacturers, the courts having shown a disposition to 

 await the decision of the General Term before proceeding with any more trials of cases. ' The 

 bogus butter interest is watching our action closely, and any move on the part of the Legislature 

 to disturb the Dairy Commission in any way whatever would be exceedingly gratifying to 

 them. The Dairy interest and the consumers will hold you responsible. 



We earnestly request that the appropriation be made $75,000 and the Commission be 

 not disturbed. 



Signed, 

 MACKENZIE, CHASE & Co., 92 Warren St. i F. C. BARGER & Co., 82 Warren St. 



EGBERT & CASE, 80 Warren St.. 

 McBRiDE & Co., 74 Warren St. 

 JNO. S. MARTIN & Co., 168 Chambers St. 

 HUNTER, WALTON & Co., 168 Chambers St. 



CHAS. S. BROWN & Co., 84 Warren St. 

 CHAS. H. ZINN & Co., 94 Warren St. 

 W. H. DUCKWORTH, 319 Washington St. 

 HENRY HANSON & Co., 90 Warren St. 



