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cotton is sold as pure silk ; it is a common practice of the trade and therefore a 
justifiable one because the trade recognizes it. It is also at times the trade 
custom to call an article brandy which is not brandy, soda water which is not 
soda water, butter which is not butter, and so on ad infinitum. In fine, it will 
be found that “ trade customs,” as a rule, do not call a spade a spade and things 
are not what they seem. The term “ trade customs ” is a cloak, is not in many 
instances honest, and in an equal number of instances exists to evade the law. 
The law should recognize no trade custom which is not straight dealing. 
The British Food Journal has repeatedly called attention to this 
matter and has indicated the absurdity of the “ trade custom ” ex- 
cuse. Some of the most insidious forms of swindling are recognized 
and practiced by certain trades under the description of trade cus- 
toms upon which the light of the police court never shines. Those 
firms who are guilty of such malpractices can well afford to take the 
remote chance of being found out and of having to pay a small fine 
because they find their course of procedure exceedingly remunerative. 
There seems to be an ingrained desire in certain individuals to cheat 
their neighbors and compete by fraud. 
The Horton Ice Cream Company has made the following represen- 
tations respecting the standard : 
Ice cream is a frozen product made from cream and sugar, with or without 
a natural flavor, and contains not less than 14 per cent of butter fat. 
This is the official definition of ice cream according to U. S. Circular No. 19, 
Department of Agriculture. 
If the above is a correct definition of ice cream then for the past fifty years 
and over there has been little or none made and sold. 
Cookbooks dating from 1853 do not describe ice cream in this way and it has 
not been according to American custom to make it in this manner. 
If the authorities will consult the leading and standard cookbooks published 
in this country they will find various ways of making ice cream, and why should 
a law be made where there can be only one way of making it and then only a 
product showing 14 per cent. 
If this standard should be adopted by this State and the United States it 
would fail to bring about the desired effect for the reason that ice cream has 
not been made to show 14 per cent generally, and instead of dealers endeavor- 
ing to comply with the standard ice cream, or what used to be called ice cream, 
would be sold under a new name and in time the term would become obsolete. 
It is no guesswork but a fact that the dealer who attempted to sell standard 14 
per cent goods would not be able to compete with the man who sells what was 
formerly known as ice cream under a new name, either in price or quality, and 
the practical ice cream man knows it. 
There is a market for a frozen product showing less than 14 per cent butter 
fat made with or without eggs, and with or without gelatin, and with or with- 
out condensed milk, and with or without flavor, and time will show it, for 
to-day the leading hotels make an ice cream with eggs and they will not dis- 
continue making this product should they be obliged to change the name, and 
it will be found that this style of ice cream is made by the best men in the 
business and the per cent of butter fat would be found to be about 8 per cent. 
