292 ILLINOIS STATE DAIRYMEN'S ASSOCIATION. 



"If anyone thinks that oleomargarine not artificially colored so as to 

 make it look like butter is as palatable or as wholesome for purposes of 

 food as pure butter, he is, as already observed, at liberty under the stat- 

 ute of Massachusetts to manufacture it in that state, or to sell it there ia 

 such manner as to inform the customer of its real character." 



In his brief, now on file with the clerk of the Supreme Court of the 

 United States Attorney-General Pillsbury of Massachusetts, says in his- 

 argument in the Plumleyl case: 



"Oleomargarine was formerly made in Massachusetts, and it is well 

 understood that one reason why it is not made there still is because it 

 cannot be successfully made or sold without artificial coloring matter to 

 enable it to pass for butter. * * * * Andi the fact that it cannot be- 

 successfully or profitably manufactured under this law (that is without 

 artificial coloring), affords a clear inference how far oleomargarine in its 

 natural unadorned state, always resembled yellow butter, etc." 



In other words the Plumley dacision, upon which rests the validity of 

 all the anti-color laws, induing New York, goes no further than prohibit- 

 ing the use of artificial coloring matter, and recognizes oleomargarine to 

 be in its natural state a "light-yeliowish color." 



In fact, every time the color in question is referred to in this noted 

 decision the wordl "artificial" is used. In concluding his bpinioni Justice* 

 Harlan said (p. 478): 



"We are of the opinion that it is within the power of a state to exclude 

 from its markets any compound manufactured in another state, which 

 has been artificially colored or adulterated so as to cause it to look like an 

 article of food in general use, and the sale of which may, by reason of 

 such coloration or adulteration, cheat the public into purchasing that 

 which they may not intend to buy." 



New York has the best enforced and most effective state law in the 

 United States today upon oleomargarine. In 1900, with 83,000,000 pounds 

 of oleomargarine sold in this couatry, 19,000,000 of which was soldin Illi- 

 nois, 8,000,000 in Ohio, 11,000,000 in Pennsylvania and 6,000,000 in New 

 Jersey, but 200,000 pounds were sold in the state of New York, with the 

 largest city population in the United States, yet the laws of all these states 

 are practically the same, the only difference being in their enforcement. 

 The validity of the New York law rests upon a decision of the Supreme 

 Court of that state in People vs. Arenburg. 105 N Y., 128, 129 and 130. In. 

 establishing the foundation for the enforcement of this law the New 

 York Supreme Court said in this case: 



