August i, i888.'J THE TROPICAL AGRICULTURIST. 
•37 
THE MBBGH ANBIZE MARKS ACT 
AND CKYLON TEA 
We shall await with much interest and some 
degree of anxiety the result of the prosecutions 
under the above Act authorized by the Planters' 
Association to be undertaken by Mr. Leake. Our 
anxiety is certainly justified by the uncertain 
oharacter of the evidence necessary to be tendered 
to ensure conviction in the case of selling spurious 
Ceylon tea. Of course, in the instance in which 
the name of a Ceylon estato has been placed 
upon the packets sold, which has no existence, 
that fact alone would justify a verdict favourable 
to the prosecution. Also, perhaps, in the further 
instance of a name being assumed, which is a 
colourable imitation of that of a well-known and 
fsmous growth of tea, a conviction might be 
rL .]ied upon. But, when tho prosecution is forced 
to depend entirely upon the evidence of experts, 
there seems reason to fear that it may be difficult 
to induce a jury to arrive at such decisive con- 
viction as to induce it to award punishment to 
tho parties prosocuted. 
If we may rely upon Mr. Gray's opinion, — and 
naturally we aro most disposed to give it the 
full weight due to it, — Mr. Leake has only to 
accuso the parties telling spurious teas, and the 
onus of defence rests with the latter ; that is to 
say that, unless the sellers can prove that _ it 
is Ceylon tea, they become liable to the penalties 
of the Merchandize Maiks Act. Now, this sounds 
very comforting, no doubt; but what would be tho 
course of the defendants in such a case? They 
might prove that they did buy Ceylon tea in certain 
quantities in certain markets, and might urge there- 
upon that the sample s complained of were part of 
such purchases. Against this evidence experts would 
have to be sworn, that either the tea was not 
of Ceylon growth in any degree, or else that it 
nns mixed with inferior Indian or China teas. 
Then it would have to be proved further to ensure 
conviction that it was the seller who made tho 
admixture, and that it was not tho tea us origi- 
nally purchased by him. Now we all know how 
liable experts are to disagree, and how easy it will 
be to dispute the "possibility of the possession of a 
taste line enough to discriminate, we will say, 
between pure Ceylon tea and a possible slight 
admixture of Indian. We believe ourselves that 
there are palates so trained and of such original 
delicacy of taste that it is possible for those 
poBBessed of them to judgo with absolute certainty 
in such a matter. It will be a different thing, 
however, to persuade the average British jury- 
man of the possibility that we can turselves easily 
recognize. There is scarcely a limitation to be 
put upon tho sensitivnesa of taste which may 
arise from long practice. Wo have had a 
story narrated to us by a personal friend of 
the parties referred to in it which would almost 
pass belief were it not vouched for as it 
was vouched for to our informant. A gentleman 
had invited Mr. Brooks, the representative of the 
celebrated firm of wine merchants of London, 
Messrs. Justcrini & Brooks, to dine with him. A 
connoisseur in wims himself, tho host was naturally 
most anxious thut his finest wines should be 
submitted to tho judgment of his guest. He told 
his butler to servo some of the noted '17 port 
he pOBRcs'Hi-J, and nskid Mr. Brook* <m hi-; tasting 
it whut he pionounced it to be. That gentle man 
replied: "Well, certainly '17 port, and yet lam 
almost sure I detect iu it a flavour of '46 vin> 
18 
tage.'' The butler heard the remark and was over- 
come by turprize. lie said it was the fact that 
a glass of '46 remaining in the decanter he had 
used, ho thought he would try Mr. Brooks' judg- 
ment, and hacl allowed it to be mixed with the 
fresh wine. 
In the face of such evidence as this story affords 
who can place a limitation on the power of 
experts to decide whether teas are of single or 
of mixed growths? But, as we have above remarked, 
will a British jury be as readily convinced? If 
they do not recognize the possession of so mar- 
vellous a faculty, it is much to be feared that 
they will scarcely convict on the evidence of experts, 
and much advantage that we hope to see, as the 
result of the action now commencing on behalf of 
Ceylon teas may possibly be lost if conviction 
can only be obtained when there is deliberate 
falsification of a label or trade mark. Neither 
will it do to shut our eyes to the fact, that, if 
the prosecution lose its case, it will have to bear 
not only its own costs, but also those of the parties 
prosecuted. Thpy may also possibly be themselves 
sued for damages for giving publicity to reports 
adverse to the business of their opponents, and 
we can see, therefore, how necessary it will be 
for Mr. Leake to move with caution in any case 
of adulteration, proof of which must rest solely 
upon the evidence of experts in tea tasting. Such 
cases must differ widely from the ordinary run 
of prosecutions under tho Adulteration of Foods 
Ad. It is easy enough to demonstrate the pre- 
sence of so much of sand in sugar or of wood-dust 
in ground pepper. But no analytical chemist 
could prove a reliable distinction between Indian 
a> d China or Ceylon tea. It is wholly a matter 
of flavour, and we know how various is the 
flavour even among genuine Ceylon teas. We have 
had our att ntipn drawn to this matter by a corre- 
spondent who thinks we should urge, that in 
cases apart from apparent fraudulent marking 
groat caution should be exe cised before rushing 
in for their prosecution. It would be highly desir- 
able, in his opinion, to institute one test case to 
bo thoroughly thrashed out before liabilities may 
be incurred for which neither our Planters' Asso- 
ciation nor the Ceylon Association in London are 
prepared. 
EUCALYPTUS GLOBULUS AND ARUNDO 
DONAX. 
The following letter has appeared in the Anttra- 
lasian : — 
Sir, — I wish to make known through your columns 
the results of experiments I have been making during 
the last few yo.irs with the above-named, the first 
of which is highly valued for its salutnry propertie s, 
but is dreadctl in small anas on account of its 
rapidly p.ttaii ing the- dime-usinis of a laige tree, nnel 
so starving everything near it. I find, however, thnt 
it thrives well under the pruning-knite, and, so tre ated 
does not prevent the vigorous growth of a hawthorn 
hedge, &C, clos-- to it. 1 have allowed the row, now 
some seven year- old, to attain a height of loft.; but 
it might ju.st as well have been kept down to the 
height of an ordinary hedge. This experiment may 
have beetl tried liy others, but I have neither beard 
nor read of it. 
For kbout the same time I have grown (only more 
extensively ) tho Arumlo elouux. It is highly omame'ii- 
tnl, and very serviceable in a variety of ways, for train- 
ing vines, light fe nemg, A;c. The plants require no at- 
t. nt ion wh-n oi ce fnirh establish- d. and gees on sprt nel- 
ing in a remarkable inanin r. 1 measured • csne jea- 
terelay and found It YJiU long. The ripened canes 
can he rut about August in • a. h year. In a few 
weeks their places are supplied by vigorous young 
plant*; and if you wish to utilise the old canes for 
