New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-31
OLEOMARGARINE LAWS.
ACTS OF TIE LEGISLATURE OF NO AVAIL.
THE COLoRING OF ARTIFICIAL BUTTER PROHIBITED
LIMITED RIAIEH PATENTS Under WHICH TILE

The laws 10 prevent the fraudulent imposition of
olcomargarine products upon consumers passed by
the last Legislature of the State have given rise to
bitter n quarrel between the different oleomarga-
rine manufacturers as that which exists between
them and the producers of natural butter and
cheese. Mr.. Fenner OF Chautauqua, was elected to
the Assembly as an Incorporating opponent OF
the artificial butter-making interests. He secured
the passage of law making it misiemeanor to
sell OleOmargarine except under It's true name. The
penalty provided is fine ofno less tnan $50 or more
than 5000 or Imprisonment for not less tn ten
more than thirty days or both fine and imprisonment
at the discretion of the Court. This act took effect
Friday last. Another law. introduced by Mr.
Chamberlain, prohibits the COLOR of artificial
butter and cheese under the same penalty. This is
to take effect September l. About year
ago Governor Cornell vetoed similar bill on the
ground that it inter!ered with certain patents
granted by the Federal Government which secured
to the patentees the right % color their artificial
products. The laws passed by the last Legislature,
however, contain an explicit provision that they
shall not lie " so construed rs To interfere with or
abridge any right obtained. secured or guar
anteed by laws of Congress by any
patent duly granted by the United States Govern
mentp This clause was adopted as an amendment
to the original bills 1t is asserted by darymen and
butter and cheese iobbors, in the interest of the
large oleomargaTne corporations This assertion is
denied by the artificial butter makers.
Oleomarg rne, when not artihcially cOlored. Is
perfectly white. It, sale in that condition would
be practically mpossib o. Hence the makers of it
color the product to resemble natural butter. The
manufacturers have heretofore been using cOloring
matter in the production of their commodities under
two different patents. One of these ~ controlled by
the Commercial Manufacturing Company. OF which
II. K. and +. Is. ThuTbcr u Co are the agents. Inc
Continen al Manufacturing Company, whose agents
ia this city are Hoyt IL Only, control the other pa
ert. Suits have been begun in the United states
courts against rhurber Il co. and the Commercial
Manufacturing Company for infringement OF the last
named patent. suit has also been Instituted Tor the
adjudication of the two patents. HOyt Il Only
clam to have issued licenses to all the principal
olcomagarine manufacturers, except two. They
assert that The only valid patent which protects the
right OF cOlOrng oieolna garlne Is the one under
their control. They say that the other patent his
been rriSsurd four times and that it no longer pos
ses>es force. The Commercial 1lanu iactuTlng Com
pany contends, the other hand that the latter
patent is entirely valid. warm legal contest Is
likely TO result from these conflicting views.
The aid OF Federal leg station has been invoked
for the protection OF foreign CONSUMERS against tho
expectation of OleOmagarlne rs natural products,
The State laws contain explicit provisions Tor the
marking by stencil OF the word - oil, omargarIne
the pace ages III which the article Is sold law
now pending in Congress cOmpes all expoTta-
ions of artificial dairy products in their
real character, and provides Tor special
inspectors at the various custom houses to
see thar the law Is carried out. Some time ago the
prouuce dealers and exporters OF the cJuu ry. b.
public agitation, called attention To the act tnat
Olenmargarne products were being shipped TO
Europe i'll way hlch would dis inguisD inom
from natural products of the dairy. Ihe matter
was brought directly TO the atten. ION OF the Gov
eminent by the official cOmplunt OF the Produce
EXCHANGE and the Chamber OF Commerce tua Tue
Governmental statistics OF exports OF dairy art'cieS
were OF hItle yaue. because tney included
shipments of artificial and imitation butter ana
ducts. his agitation lci To correction OF the EVIL
To "a great extent, and merchants now say that Tue
OcOmargIrnc manufacturers sup lntli aTucles
abroad distinguished from the genuine dalry pro-
duets.
JobAers in dairy products assert that the fOiSting
of olro,uargal1ne on the pubic as outer Is uono
manly by the retail grOcers They regard the
law against the colOnng OF ARTIFICIAL quo
ter as likely to be or no effect. In view OF It's
provision excepting from It's apple atlOL OleOIhdT-
garine manufactured under the TWO patents referred
20 above. James ii. seymour, the pfealuent OF me
Mercantile Exchange (botter known as the Dutt'r
and Cheese Exchange, talked recen ~ wltn IA
TRIBUNE reporter on the subject. MI seymour
remarks were an excel ent sample OF the gcneln
opinions of the large dealers III dairy products lie
" The law which has just gone into effect, regu-
ating the sale OF ocOmargaune products, Is really
not new, except rs regards the amenuncut when
was made 10 the original Dul mat amendment
virtually destroys the ehect OF the Jaw HE new
feature of the law was the prohibition OF the Color
ing of lcomJrgarlnc TO ,scnOie Duttei. IL eA-
emp from its pro Visions. however, the nOluers VI
UnIlcd states patents. Two OF these patents al
low oung mater TO be used Id the Manufacture
OF mi .auOn butter Now ,he practical result VIII
be To compel the factories outSIde OF the COniner-
cial and the Continental Companies To pay
royalty to those TWO TOR tne rlght to color
tueIr product. The white color OF UIeOuldIgarIne,
which would distinguish 1t from real but or, Will
then be disguised. lac whole trouble we nave WITH
ms oioluaIg lne question Is that tie Stu1 Is sold
10 cOusuLncrs Tor the genuine drtlcie. Inc Trade
does not object To tne sale OF dftlucial Outter-A
people wan, 1t, let them nave II. but II We are 10
have a competitor Win real dairy prOuuc s"e wat
20 uc aOU measure tne extent Ol Ihc competition
we nave to meet. We can then ADJUST Oui Ouslness
to the requirements of the competition ii peop'e |
will buy oeOmargarne, the JoODers VIII seil IL 70
Them fine producers OF genuine butter will tncn |
arrang the cost OF production 10 meet thStI II
do not thnS that the factories or Iue JODooI' sen
much oleOnargaI1ne real butter Inc 'iaut on
the customer comes from the etailef grocer my
not deliberately ,eoent oleOmalEdflho outV,I.
but he Will put tuD OF the aItlncdl artcle WIN
the Dranus TUNED INSIDE, cut 81 the SignI oi tne
buyer, and mex, To II he viii place tub vi
poor butter. The buyer Will taste the Inferior
grdde OF the genuine arucle ana ASK 10.
viii say and alter testing the OleOmal gaIlhe me
Gus Oucr viii order some without asking just NhaV
IL IS. Now the people ought 10 know thdt tDey are
getting OleOmargarIne or ae &C. tlug rear outer,
W men ever article they take Inc retailer prdC-
Uces the klnu 81 deception nave nstanced uecduse
OF the large pIoht II can OBTAIN Dy selling oico1l
garlne as butter. thousands OF pounds Oh Artificial
outer which cost the grocer II 10 70 cents are
SOLD at 80 20 10 GEMS pound. All enormous pro
tniS reads many 4cu 10 WIN ~ T~li 10
tie OF the real article as they can Instead OI par
going to the consumer ali the prUt on the llnild-
non butter Is taAtn Dy The retailer. great zeal
o. the artificial prOuuct goes 10 RESTAURANTS ana
oies aud Is served to guests VINO LloOI under tic
Impression that they are getting reai Duttcr Ihere
nave been many successful prosecutions Tor the
fraudulent SAFE OF Oemargarine 10 Duttcf, lhe eA-
peuse Oh them being SUSTAINED By the JoDDng race
VA, not mucn OF tn, work Is being dOue now.
Yes the trade IN OIeOnal gcIine Is
making great difference III the eApOi tailon OF
genuine butter" continued Mr.. Seymour. Most
OF the artlucIal prOuuct goes abroad properly
branded however. Inc steps taken IN The MdIIer
by the merchants year ago nave led 10 the cOrIec-
uou of great deal OF the Misrepresentation lOim1r-
IN callsed The export, of arunclM ualry products
are mainly IN oeoinaT garIne Oil " hen the oil II
LII. L.LLL IL.