Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-21
A DECIDED VICTORY
In Favor of the Commission
Merchants Association.
0LE0MARGARINE MUST GO.
The Restaurant Keepers Completely
Knocked Out.
JOY OF LAW AND ORDER LAWYER.
Counselor Yost Claims the Question is
Definitely Settled.
OLEOMARGARINE MUST GO.
Joy OF LAW AND ORDER LAWYER.
DRAFT OF JUDGE sLAGLEs DECISION

Judge Slagle has just handed down a very
important opinion. 1t decides the cele-
brated oleomargarine suits, entered against
restaurant keepers several months ago by
William Yost, Esq. He was the counsel
for the Commission Merchants Associa-
tion. The defendants appealed from the
decision of Alderman Carlisle, fning them
500 ard costs. By agreement of counsel a
case was stated In which the facts were all
agreed upon, and submitted after argument,
before Common Pleas Court No. 1, for de-
cision.
The agreement sets fourth that this de-
cislon shall be binding in all cases, hence
the Judgment is virtually for $500 and costs.
The interested restaurant keepers are Ed
Skees, Jeremiah Miller, Samuel w. Miller,
Beard & Co., George Dimling, Getman
Brothers, George H. Abel, of Pittsburg,
nd II. T. Mcbride of Allegheny. The
ecision now made by Judge Slagle is as
blows:
JUDGE SLAGLE'S DECISION.
Briefly stated the facts agreed upon are
lat the defendant is proprietor of a restaurant
meals to transient and regular patrons in the
manner in which such business is ordinarily
conducted. On the third day of January, 1889,
he furnished to one George Spence
meal, for which he received pay, and
as part of said meal a small
dish containing what appeared to be butter,
but what was in fact an article known as oleo-
margarine. and the same article the manufact-
ure and sale of which is prohibited by the act
ofM ba oniv is uha fhar
this was a sale within that act.
It has noS been given away. and the fact that
1t was not sold separately, but with other
articles for gross sum, would not make it less
a sale 1t therefore comes within the letter of
the law. But it is also clearly within its spirit.
The title of the act is, IAN act for the pro-
lection of the public health and to prevent
adulteration of dairy products and fraud in the
sale thereof" The Supreme Court of the State
in Powell VS. Commonwealth, 10Th w. N c., "a
held that the Legislature had the power to enact
laws for this purpose.
If the use of such articles is injurious, it
would seem to be specially within the spirit of
the act to prohibit public caterers from selling
it to their guests as part of ordinary meal
Judgment Will accordingly be entered for
plaintiff.
TO THE SUPREME COURT.
In regard to the decision Mr.. William
Yost, counsel for the prosecution, said to a
DISPATCH reporter yesterday: 'This is a
decided victory for the Commission Mer-
chants Association, and will probably
settle all legal questions possible under the
oleomargarine act of 1885. The case may
possibly go to the Supreme Court. as the
agreement between counsel was made with
the provision that either party should have
that privilege. But the opinion of Judge
Slagle is so clear that we have little to fear
in the matter"
In reply to a question Mr.. Yost said:
"We have nothing to do with the cases out
of which the criminal prosecution against
George Gibson and William McCrea has
arisen. McCrea has not been in our en-
ploy since March 29, 1889.
Alderman Carlisle, when met by DIS
PATCH reporter yesterday, expressed
himself as highly indignant at the
manner in which his name has been used in
connection with the Gibson oleonargarine
cases. The article to which the Alderman
objects stated that the cases, when taken be-
fore him, were allowed to be settled by
payment OF one-halt the usual fine. This
statement he pronounces false.