No. 4.] REPORT OF DAIRY BUREAU. 387 



for more than an ordinary profit is at the root of much of 

 the traffic in this article. The principles of this class of laws 

 have been frequently reaffirmed during the past few years in 

 trade-mark cases, in which the courts have invariably pro- 

 nounced against deceptive imitations. 



As evidence of the deceptive way in which these goods are 

 sold, we have noticed in a newspaper published in Rhode 

 Island, where there are no laws restricting the sale of oleo- 

 margarine, an advertisement, in the shape of a reading no- 

 tice, like the following: "Vermont butterine for sale in 

 ten-pound tubs at Smith's." We submit to any impartial 

 and fair-minded person that such is hardly a candid way of 

 advertising a mixture of tallow and lard, compounded in the 

 State of Rhode Island. In this connection we would call 

 attention to a decision of the United States circuit court, 

 southern district of New York, Aug. 6, 1898, in the case of 

 Collinsplat v. Finlayson, in which the court said : " The false 

 use of a geographical name will not be allowed in the federal 

 courts, when it is used to promote unfair competition and 

 induce the sale of spurious goods." The same session of the 

 court decided that ' ' when an article sold is inferior and 

 spurious, and the package sufficiently resembles the com- 

 plainant's to make it apparent that the design was to deceive 

 the consuming public, an injunction will be granted." 



Stand aed Milk. 



As stated in the introduction, we have given more atten- 

 tion to enforcing the milk laws this year than ever before. 

 AYe have introduced a feature which has enabled us to do 

 thorough work, particularly when at some distance from a 

 chemist, in hot weather. Our agents take a portable Bab- 

 cock milk tester to the town in which they are going to 

 work, and make a preliminary test of every sample which 

 they take, passing everything which has 3.75 or 3 per cent 

 of fat, as the statute may be 12 or 13 per cent of total solids. 

 Milks having less than this amount of fat are reserved for 

 full chemical analysis, and, as a large proportion of all milk 

 is up to or above this figure, a comparatively small number 

 of samples is submitted to chemical analysis. 



