The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1885-07-03
VICTORY FOR THE BOGUS BUT!
TER MAKERS

About the only channel in which q
despotic form of government has shown
itself superior to popular rule is one in
which it might be supposed that the
conditions would be reversed. Tyrants
and monarchs protect their subjects
from the dishonesty of food adultera-
ton, whereas, in this country at least,
the people have been Indifferent and
their legislatures and courts have proved
useless in staying an evil which has
grown to alarming proportions.
We boast of the superiority OF our gov
eminent oyer that Of any other nation,
and with good cause but in Germany or
Russia, for instance, one selfish and dis
honest man cannot endanger the health
of thousands of others or rob them of
their money by selling them one thing
for another. No German or Russian
subject long sells stained beans for cof-
fee, ground cocoanut for spice, wagon
grease for butter, poisonous compounds
of acids and syrups for fruit juice or
jellies, glucose for sugar, cotton seed oil
for lard, brown sugar cakes for maple
sugar, or the thousand and one other
things which are made to look, smell
and taste like something else Mon
arches have a way of putting men who
thus adulterate or counterfeit food pro-
ducts in the penitentiaries, and republics
will not be entitled to boast a great deal
until they exercise a similar degree of
care for the welfare of the people. The
Importance of these matters has never
been fully realized in this country.
A recent Legislature in New York
State passed law absolutely prohibit
ing the manufacture Or sale of oleomar-
garine in that state. A prosecution was
had under the statute, and, conviction
following, an appeal was taken. After
elaborate arguments the highest court
in the state has just pronounced the law
unconstitutional on the ground that the
Assembly had no right to prohibit the
manufacture of an article not injurious
to the health, which it is claimed this
bogus butter is not. The court held,
further, that the Legislature could regu-
late the manufacture of oleomargarine
and decree that each package should be
stamped, but that the prohibition of its
manufacture would be Discrimination
against one industry in favor of another.
The State Dairy Association has taken
advice on the subject, and, believing the
court to be in error, will prosecute other
cases and carry them to the Supreme
Court of the United States for decision.
If it is true that the people of a state
cannot constitutionally protect them.
selves from such fragrant sWindles as are
perpetrated by the oleomargarine deal
ers, big and little, then they cannot
amend their constitutions too soon
| This grease butter is manufactured to
defraud consumers the same as lead
quarters may deceive the careless money
taker. If it was not q disreputable
swindling business its products would
not be colored and scented and other
wise doctored to make it resemble but.
ter. Therein is the crime. It is coun.
terfeiting, and law requiring men to
label the stuff "oleomargarine" when
they have spent much time and energy
in making it look like something else
would be no more of protection to the
people than statute requiring the manu-
facturers Of counterfeit bank notes to
stamp them "bogus" would be. The
profit, and therefore the motive, of the
entire business is to deceive and swindle
the consumer.
A man who pays twenty or thirty cents
a pound for what he supposes is butter,
but which is all or in part oleomargarine
worth quarter of that sum for harness
or wagon grease, cannot be said to suffer
no injury. Butterine may not be iniuri-
Gus tothe system, neither is counter
felt bank note. But the man who ex-
changes good money for either under
the impression that he is getting some
thing good in return is most grievously
wronged and should have a remedy at
law. The states are all singularly negli-
gent in matters Of this kind. 1t is en-
tirely within their power to say whether
their inhabitants are to be systematically
imposed upon by designing manufactur-
ers and tradesmen. Their failure to
take suitable action and follow it up
by vigorous prosecutions of as con-
temptible swindlers as an age of greed
produces furnishes lamentabIe Instance
wherein popular government is fail
ure.-Chicago Herald.