224 BOARD OF AGEICULTURE. [Pub. Doc. 



This case was an appeal from the decision of the Massa- 

 chusetts supreme court. This Commonwealth was repre- 

 sented before the national supreme court by ex-Attorney - 

 General Hon. A. E. Pillsbury, who made a remarkably able 

 argument, — one which has attracted much attention in other 

 States as well as in Massachusetts. The chances were con- 

 sidered somewhat against his contention, because the court 

 had decided that local laws could not prohibit the sale of in- 

 toxicating liquors in the original package as brought from 

 some other State. On this decision the oleomargarine inter- 

 ests expected to defeat our law. Mr. Pillsbury maintained 

 that, as this law prohibited the sale of an imitation product 

 rather than a distinct or original article, the cases were not 

 parallel, and that the fundamental law of the land has enough 

 of State rights to allow States to regulate and even prohibit 

 the sale of imitations. The national supreme court took this 

 view of the case. The decision is not only of much impor- 

 tance in this State, but is of inestimable value in many other 

 States ; they are thanking Massachusetts for her pioneer 

 work and for the ability of her legal representative. The 

 decision is also of importance in establishing a valuable prin- 

 ciple in the interplay of State and national governments. 

 As this decision was not handed down until December 10, 

 it has as yet been of little advantage to us, and there has not 

 been enough time for the oleomargarine interest to decide on 

 a definite policy. 



Some seem disposed to accept this decision, and are put- 

 tins on the market an article so liorht in color that it is not 

 an imitation of the average of butter, though it is an imita- 

 tion of very pale butter. Others are inclined to fight the 

 law yet further by quibbling over the expression " pure 

 butter" and its color. They claim that pure butter is butter 

 without any artificial coloring matter, that its natural color 

 is very light ; that the natural color of oleomargarine is a 

 bright yellow, and therefore that oleomargarine is not an 

 imitation of pure butter. If this argument of a part of the 

 oleomargarine people is sound, it proves that the light-col- 

 ored goods of the other part are an imitation of pure butter, 

 and hence illegal. It has been seriously maintained that 

 butter from fancy cows fed unusual and costly foods may be 



