250 BOARD OF AGRICULTUEE. [Pub. Doc. 



Supreme Court Oleomargarine Decisions. 



The Statute of 1891, chapter 58, which makes a distinction 

 between oleomargarine which is an imitation of yellow butter and 

 that which is not, and whicli statute is directed only towards 

 oleomargarine of the former class, is not repealed by the Statute 

 of 1891, chapter 412, section 1, which is directed to the distinct 

 fraud of selling or offering to persons calling for butter something 

 besides butter. The fact that two statutes, similar in tlieir nature 

 and purpose, were both passed at the same session of the Legis- 

 lature, and took effect on the same day, is strong evidence that 

 they were intended to stand togetlier. 



The enactment of a statute which forbids the manufacture and 

 sale of oleomargarine which is made in imitation of yellow butter, 

 though such oleomargarine has been imported from another State, 

 is a valid exercise of the police power which remains in the several 

 States, and it is not in violation of the constitutional provision 

 giving to Congress the power to regulate commerce among the 

 several States. (Commonwealth v. Huntley et al. ; Benjamin A. 

 Plumley's case, 15G INIass. 236.) 



The Statute of 1886, chapter 317, section 4, requires that every 

 person who conveys oleomargarine or butterine in carriages, or 

 otherwise, for the purpose of selling the same in any city or town, 

 shall be licensed by the inspectors of milk of such city or town to 

 sell the same within the limits thereof. But the remainder of the 

 section makes it clear that it was intended to apply only to sales 

 from carriages or other vehicles. As the present complaint has 

 no allegation that the defendant carried or exposed the articles in 

 a carriage or other vehicle, it could not be sustained as a com- 

 plaint under the Statute of 1886, chapter 317, section 4, and we 

 consider it as based upon the Public Statutes, chapter 68, section 

 16. So considered, it cannot be sustained. Oleomargarine and 

 butterine are provisions. The word includes all articles of food. 

 The articles with which it is charged the defendant went about, 

 and exposed and sold, are, therefore, included among those which 

 any person may go about selling or exposing for sale under the 

 authority of the Public Statutes, chapter 68, section 1 ; and the 

 acts charged are not prohibited by the Public Statutes, chapter 68, 

 section 16. (Commonwealth v. Button, 157 Mass. 392.) 



A complaint on the Statute of 1886, chapter 317, section 1, 

 charging the defendant with selling imitation butter at retail 

 without a descriptive wrapper, need not allege that the sale was 

 actually made by the defendant's agent. At the trial of such a 

 complaint there was evidence that the sale was made by the 



