386 BOARD OF AGRICULTURE. [Pub. Doc. 



preventing deception and fraud in the sale within their respective 

 limits of articles, in whatever State manufactured, and that that 

 instrument did not secure to any one the privilege of committing 

 a wrong against society. 



It will thus be seen that the case was based entirely upon the 

 theory of the right of a State to prevent deception and fraud in 

 the sale of any article, and that it was the fraud and deception con- 

 tained in selling the article for what it was not, and in selling it so 

 that it should appear to be another and a different article, that 

 this right of the State was upheld. 



Yet, in spite of this indorsement of the principle of our 

 Massachusetts laws, they are sometimes criticised by persons 

 who do not understand their full force and the facts which 

 lead up to them. As is usual in such cases, the criticisms 

 are superficially plausible, but fail to get at the real meat of 

 the case. These laws are in the interests of producers, con- 

 sumers and dealers in dairy products. They were enacted 

 to promote honest dealing, and have proved very effective. 

 A mixture of tallow and lard undoubtedly contains — as has 

 been alleged — almost as many units of fuel-food value as 

 does butter. If sold honestly, the compound would be of 

 service to the world, — though relatively it is less digestible 

 than butter, for the reason that butter contains aromatic 

 principles which enhance digestion, and melts at a lower 

 temperature than does the above-named mixture. Butter is 

 the only animal fat which nature furnishes for use as human 

 food in its raw state. But the principal argument for these 

 laws rests more on the need of suppressing commercial dis- 

 honesty than on questions of relative digestibility. Could 

 mixtures of tallow and lard be sold for what they are, the 

 health question w T ould not be of great importance ; but when 

 these mixtures are sold with the color, form of package, style 

 of advertising and nomenclature of the dairy, the transaction 

 is tainted with deception ; honest producers, dealers and also 

 consumers are injured. Oftentimes the price asked depends 

 upon the perfection of the imitation, which increases the in- 

 jury to the consumer. When an article which could be sold 

 at a good profit at 12 to 15 cents per pound is sold at 20 to 

 22 cents because it is a good imitation of a 25-cent article, 

 the nature of the business is readily seen. The temptation 



