ILLINOIS STATE DAIRYMEN'S ASSOCIATION. 



291 



commercially known. And in such matters the internal revenue depart- 

 ment has no discretion. 



The best ability in the Senate and advice of dairy experts and food 

 commissioners communicated with was invoked to frame a provision so as 

 to escape the charge of an attemi t to tax all oleomargarine 10c per pound, 

 and at the same time reach any attempted imitation of yellow butter. 

 Senator Fo raker's amendment striking out the words' "or ingredient"' and 

 inserting ahead of "coloration" the word "artificial" appeared the only 

 feasible solution. As amended by Senator Foraker the vital section 

 reads : 



"When oleomargarine is free from "artificial" coloration that causes 

 it to look like butter of any shade of yellow, said tax shall be one-fourth 

 of one cent per pound." 



NO STATE LAW STRONGER THAN THE NATIONAL LAW AS 

 AMENDED. 



Some of the friends of the measure at the time feared some loophole 

 had been left whereby oleomargarine might be given a deep yellow but- 

 ter color D3 r the use of some yellow ingredient that would not be held 

 to be "artificial" coloration. 



An investigation of the history of anti- color legislation, however, re- 

 vealed the fact that the Supreme Court of the United States has never 

 gone further in support of an anti-color statute than to uphold the prohibi- 

 tion of the use of "artificial" coloration. 



The admitted facts offered as evidence in the Plumley case, as quoted 

 in 155 U. S. Reports, page 465, reads: 



"The article! sold by the petitioner was the article the sale of which is 

 forbidden by chapter 58 of the acts of 1891. Oleomargarine has naturally 

 a light-yellowish color, but the article sold by the petitioner was artificial- 

 ly colored in imitation of yellow butter." 



Justice Harlan, m his opinion, took judicial cognizance of these facts, 

 as shown in the following extract from the decision of the court: 



"It appears in this case! that oleomargarine is of a 'light yellowish 

 color,' and that the article sold by the accused was 'artificially colored' 

 in imitation of yellow butter." 



The following additional extr act from his opinion shows that the only 

 thing the court aimed at in the Plumley case was ' artificial" coloration, 

 from which all oleomargarine not taxed 10? per pound must be free under 

 the new federal law. Justice Harlan continues: 



