No. 4.] REPORT OF DAIRY BUREAU. 305 



cream — does not exist commercially, lacks fixity of shade, 

 is hypothetical rather than actual. In spite of these con- 

 tests, ably made, convictions have been secured in all the 

 lower courts, all of which have been appealed. Only one 

 appealed case has been tried before the superior court. At 

 the Suftblk County session held last month one was tried ; 

 the decision of the lower court was affirmed by the jury, 

 who found the defendant guilty. The case was then 

 appealed to the supreme court, on law points, and another 

 attempt will be made to break down this statute. 



The law relative to marks on tubs or boxes requires the 

 word "oleomargarine" or " butterine " to be "stamped, 

 labelled or marked in a straight line in printed letters of 

 plain, uncondensed Gothic type, not less than one-half inch 

 in length, so that said words cannot be easily defaced, upon 

 the top, side and bottom of every tub, firkin, box or pack- 

 age containing any of said article, substance or compound." 

 This law was evaded by placing the tubs in groups, so that 

 the marks on the bottom and side Avould not show, and then 

 removing the cover, for the alleged purpose of displaying 

 the goods. For a while the Boston milk inspector required 

 a card bearing the words " oleomarirarine " or "butterine" 

 to l)e placed upon the open tubs in such cases. But eventu- 

 ally the supreme court decided that such a construction of 

 the law was unwarranted. Hence section 2, chapter 412, 

 of the Acts of 1891, was enacted, which provides for an 

 additional sign ^^upon every opened tub.'^ But the dealers 

 now place the opened tubs on their sides, in pigeon-hole- 

 like receptacles, with this extra sign upon the o})ened tub ; 

 it is, however, concealed by the receptacle, so that there is 

 still nothing visible to show the nature of the contents 

 of the tub. In several cases municipal court judges have 

 decided that the letter of the law has thus been complied 

 with. Consequently this law is inoperative, and will need 

 amendment if the intended restriction is to be preserved. 

 We recommend that this law be amended so as to read 

 as follows, the words in italics being those that should be 

 added : — 



Sect. 2. "Whoever exposes for sale oleomargarine, butterine or 

 any substance made in imitation or semblance of pure butter, not 



