304 BOARD OF AGRICULTUliE. [Pub. Doc. 



largely confined to places outside of Boston, as, under the 

 provisions of law allowing us to work in harmony with milk 

 inspectors, we have practically left the Boston field to Dr. 

 Harrington, as, with his wide experience, the more liberal 

 funds at his command, and a disposition impartially and 

 thoroughly to enforce all the laws within his jurisdiction, we 

 felt he could do better than we could, and that it would be 

 a more economical use of our appropriation to expend it in 

 other parts of the State. 



The clause of the law suggesting that the bureau may act 

 in harmony and unison with the Board of Health and milk 

 inspectors has worked excellently, so far as the Boston milk 

 inspector is concerned. We are indel)ted to Dr. Harrington 

 for many valuable suggestions, growing out of his long 

 experience, and in return we hope we have been of some 

 help to him, particularly in furnishing him in court with 

 needed technical evidence on dairy matters. An officer of 

 the bureau has appeared in court as a witness for him in 

 about twenty cases. Such reciprocal favors have, we trust, 

 helped both sets of officers, and increased the efficiency of 

 the enforcement of the law. 



The decision of the Massachusetts supreme court, sus- 

 taining the anti-color law, was appealed to the national 

 supreme court ; and this action, it was claimed by the oleo- 

 margarine lawyers, continued to keep the law in suspense. 

 But our legal advisers did not coincide with this view, and, 

 as a result of the entry of several cases in court, a bill in 

 equity was brought in the United States court of appeals 

 for an injunction to restrain Dr. Harrington from enforcing 

 the law. This has been postponed from time to time, and 

 has not been argued yet. 



In enforcing these laws, the greatest number of cases has 

 ])een brought for selling an imitation of yellow butter, and 

 these cases have been stubbornly contested in New Bedford, 

 Boston, Springfield, Holyoke, Uxl)ridgc, Worcester and 

 elsewhere. The defence has been that oleomargarine is an 

 inde})endent article of commerce, and hence that it is not an 

 imitation of butter or any other commodity ; that motive 

 should be proved to prove imitation ; also that the standard 

 set up — yellow butter made from unadulterated milk or 



