New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-21
BOTTER SUBSTITUTES MUST 90.
WHAT THE DAIRY COMMISSIONER SAYS.

The LAW MUST BE ENFORCED-ATTITrDE OF IRE
RETAIL GRocERs' ASSOCIATION.
State Dairy Commissioner J. K. Brown has been here
Tor the last two days comforting with the Assistant COM
missioner Mr. Van vakenburgh In regard TO the ENFORCE
ment OF the State law against oleomargarne AS TINS
city and Brooklyn the great OF the butter SUD-
situte trade they have naturally been chosen az the
battle ground Of the contest that is TO be waged against
the business More licenses have taken out in these
two cities than in all the rest OF the STATE
according to the latest returns Against the 100 or more
that have been issued here and the sixty In Brooklyn
there have been only about half dozen taken out
in Albany and in Buffalo, two or three IN
Troy, while in Of the cenua
cities of the State, Syracuse for instance
none has been issued Mr. Brown says that one reason
why so many licenses had been taken out Ia that great
many dealers seemed think that the United States law
taxing the sale Of oeomargarne set aside all the state
laws regarding the article
81 found this notion prevalent" he added in going
through the State that felt would be only fair to en-
tighten innocent dealers the subject Accordingly had
counsel draw up opinion the subject which was
ndorsed by Attorney-General oBrien and printed In
TIE IR IBINE and other papers We feel tnat TINS mas
no dealer can longer the law through ignorance.
HOW this erroneous idea arose Is difhcut 20 uhasr
since the law under which the oeOmargarine bill itself
was framed provides that nothing in the requirements OF
II or any similar bill should conflict with any state laws
He then quoted Section Of the Revised Statutes OF
the United states, which reads
Carrying on any trade or shall not be held 20
exempt any person from any penalty pun s such
state or in any manner to authorize the commencement OF
such state or in places pro 6ited by m1nepa any
sa f e payment o. any ,ueh TAX oe e trade or bus
ness. for state o other purposes.
Now that we have given fair warning to everybody
the Commissioner continued there is nothing left for us
but 10 go ahead and enforce the law III RloPea az
dignined manner We have no alternative IN tne matter
q
against oleomargarne. or the makers and buyers ol
at all We have simply appointed to execute the
laws of the state on this subject. and must do go
Sections and g chapter 1873. Of the laws OF lss says
that no article shall be made In imitation or semoane
or designed TO take the place Of natural outer or SHa
be offered for sale in this State Whoever violates is
first section Is liable 10 fine OF RON @IVV ~
$500 and from six months to a. year
those who se the b article are f f5e
penalties that any manufacturer or dealer Is aoie 20 IN
who attempts to make or sell oleolnargarlhe III s
some Of the oeomargarine dealers have frequently
asked why the Commissioner did not proceed against lhe
manufacturers OF the article instead OF he sian ue
ers. This question was put 10 Mr. Brown ,oo,
We did 20 for the manufacturers and wholesale dear
ers az first be replied and made out NUMBER on cases
against them here but the Grand Jury failed TO ma any
dcted Aaronsburg the case was tried ana apPeaieu;
Pending decision this the lower courts ueclneu
Ing warrants under section Of the laws OF 1855 In
consequence OF this dealers began selling the forDuuen
goods again that during the first quarter OF last year
than double the amount disposed OF IN TINS Guy
than had been during the preceding quarter IN otnet
/
had been previous the passage Of law on the SUD
ect There nothing then left for Us to do but 10 proceed
against the retailers under the fraud act We could not
get AT the solution Of the law under the circumstances III
any other way and protect the public -, l.,
Between 200 and 800 arrests were made mere ana IN
Brooklyn October. 1889 for violation or the STATE
law. one Of these was brought 10 trial
last week, but the jury failed To agree
standing eleven for conviction and one for acqIuttal
Thirteen days spent in trying this case Ihere are
over twenty the calendar when are no"
being tried or awaiting trial. -
Mr. Van Nakenhurgh does not with the revenue OF
fcals OF the number or dealers VINO
have been engaged in handling oleomargarne In TINS
city. He thinks that only about 10 per cent OF All Tue
rcers have sold the article 20 per cent AT the outside
Ia giving this belief yesterday ne sild
81 think three hundred would be nearer night tnan
three thousand I'm 1854 by inspection we round thaI
sold by grocer in ten IN 1850 We
that one In every eleven handled H. WMle TINS
wear an examination OF S4 showed that Ouy one
dealer in eighteen kept IL for sale This leads me 70 MINK
t rho evenue collectors wrong I'm their estimates
IL SI that NJ which had hecn brought Tor
nj ne ooOrng law only three were against menu
hars of the Retail rOcers Association his organization
has membership OF over 500. ana as
a body il opposed the sale Of all imitation huter one
OF the resolutions il has adopted urges all members
and the trade general handle butter substitutes
OF any kind. until the manufacturers OF such goods
produce aud sell article that Will be distinct III APP
pearauce different In color from genuine huter tat
will be free from all temptation TO fraud, ana tnat
Will be manufactured and sold IN sTlct
accordance with the laws OF the state Inc association
urges the Dairy Commissioner 10 DO all In MS power 70
stop the fraudulent sale OF all limitations OF butter