277 
In regard to the American custom, it appears plainly from the 
authorities quoted that there has always been made in this country a 
genuine ice cream composed solely of rich cream, sugar and harmless 
flavor, and this substance has been recognized and sold as ice cream 
from the very first. It has very often been designated in this country 
as Philadelphia ice cream, and this prefix indicated, at least to the 
trade, the character of the goods. The term u Philadelphia ice 
cream,” however, would carry no meaning to the consumer except 
one of a geographical signification. The claim therefore which has 
been made that real ice cream has not always been made and sold 
in the United States does not appear to be verified by the authorities 
which have been cited. It is only fair to presume that Philadelphia 
is not the only town in which such ice cream has been made, but that 
it has been made ver} T generally in all parts of the country. Hence 
it appears as established beyond any reasonable doubt that a real and 
genuine ice cream has always been an article of commerce. 
The claim that has been made that the people do not want genuine 
ice cream must be considered from two points of view. If by this 
is meant that the people in general want an ice cream as cheap as it 
can be bought, then the claim may be regarded as a fact. If, on the 
other hand, it is meant that consumers do not like the taste of genuine 
ice cream, there seems to be no evidence whatever in the way of its 
verification. Experience has shown that not only do the people, as 
a rule, like genuine ice cream, but'they prefer it to any kind of frozen 
custard which may masquerade under the name of ice cream. The 
claim which has been made that genuine ice cream is not wholesome 
also lacks any kind of evidence. The fact that physicians prescribe 
genuine ice cream for invalids is an indication that it is regarded by 
the medical profession as a wholesome article of diet. It is undoubt- 
edly true that on account of its richness in butter fat genuine ice 
cream is an article of diet which should be consumed in some modera- 
tion, not only by the sick but also by the well. There is no evidence 
whatever to show that genuine ice cream is unwholesome in any 
degree except it may be contraindicated in certain diseased conditions 
of the stomach or digestive organs, or may be eaten in excessive quan- 
tities. These facts, however, can not in any sense be cited as evi- 
dence of unwholesomeness. On the contrary, it may be said with 
full assurance of verification that the average consmner prefers the 
genuine ice cream to any of the mixtures which may be substituted 
therefor. It is recommended by its organoleptic properties as supe- 
rior to the mixtures containing various added substances, used chiefly 
to give bulk or firmness to the mass. From the point of view of the 
general consumer the genuine ice cream is to be preferred for pala- 
tability to any of its substitutes. 
