Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-17
BURSTING ITS HOOPS.
The Original Package Idea and Some
interpretations of 1t.
TEN POUNDS OF OLEOMARGARINE
Can't Be Sold in Single Lump as That
Many Original Bundles.
POOR SALE OF BUTTERINE IN SUMNER

| What Is referred to as q novel contest IN
| Philadelphia between the Dairymen's Pro
| tective Association and the Chicago Butter
inc Company does not appear SO very novel
in this end of the State. The original pack
| age question has been tossed back and forth
in the courts here until lawyers are not only
| familiar with it, but some laymen as well,
the latter having paid for their knowledge,
and the hoops of the package are ready to
burst off it. The defendants contend that if
ten one-pound packages of oleomargarine
are packed in ten-pound package, each
pound can be sold separately as an original
package, each pound being separately
stamped. A number of attorneys here yes
terday were spoken to. The first said he
had never paid any attention to the
law, but had advised client not
to engage in the oleo business,
contrary to law, when the latter replied that
If he could only get ahead of the United
States authorities for two months, he could
afford to pay several fines and still come out
away ahead.
Time to Know All About 1t.
Ex-Judge Fetterman has had much expe-
rience in the original package business, be-
ginning with the Silverman case, and he
was sought. Mr.. Robertson read from the
law and decisions to show that the Phila-
delphia retailers were off their base, and
HHdlly MT. feuuerman arrived. he S.ilu lb
had been ruled SO plainly and frequently
that it would appear no one need be at sea.
In a case where whisky had been sent in
bottles placed in barrels it was ruled that
each bottle stamped was an original pack
age, and the barrel was not, as it was shown
that each bottle was intended to be an
original package and the railway COM
pany refused to carry them unless put
into barrels to prevent breakage, but the
barrel was not either closed or sealed, and
so was held not to be the package 1t has
been held by the courts, however, that but
one sale can be made in the original pack
age under the Interstate commerce law,
and as soon as its contents are divided their
sale is governed by the law of the State.
Cannot Break Up the Package.
While interstate polity protects theseller
of ten-pound packages it does not extend its
agis any farther, and the retailer cannot
sell in less amount, ten pounds, than the
iobber or manufacturer; the package cannot
be broken up.
1t is said that the oleomargarine business
is practically broken up at present in Phila-
delphia, but is expected to revive i'll the fall.
Mr. Mitchell, of the internal revenue office
in this city, says there are no indications of
idiminution here. At present, when cream
cry butter is selling nearly as low, and best
country fully as low as oleo can be made, of
course there is no inducement to push the
latter, yet dealers are taking out license as
usual. The trade seems to have a firmer
hold here than in the East as in the coal
mining districts oleo is quite popular, and in
cold weather ten barrels of a good article
cam easily be consumed without allowing it
to spoil.