Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-01-15
IMPORTANT DECISIONS
MADE By JUDGE PAUL, IN THE CIRCUIT
COURT, YESTERDAY.
OfGsneral Interest to Farmers Huckstsn and all
Consumers Of Buter-0iher
Court News.

In the Circuit Court yesterday Judge
PAUL handed down decision In the
case of State v. Ellie Meyers, which is
of very general interest. as 1t upholds
the constitutionality Of the oleomarga-
rine act, passed by the Legislature OF
1891. A number Of hucksters and 9TH
ers had been selling artificial butter. In
some OF its numerous forms at the mar
kets In this city, at retail, and several
cases were brought in the name Of the
State before Justice Gillespie, and were
thence appealed to the Circuit Court.
Among these cases was that Of State v.
Ellie Meyers, and in this test case the
decision of yesterday was made.
In his opinion Judge PAUL said:
"This is a proceeding under Chapter
8 of the acts of 1891. which provides:
That from and after the passage OF this
act it shall be unlawful for any manu-
facturer or vender OF oleomargarine,
artificial or adulterated butter, 10 man
uiacture or offer for sale within the
limits of this State any oleomargarine,
artificial or adulterated butter, whether
the same be manufactured wi,hin or
without the State, unless the same be
colored pink
1.-THE defendant admits that about
September, 1892, he received from Chi
cago, Ills, certain packages containing
oleomargarine; that he took three pack
ages, offering for sale and sold, In small
quantities, in the Wheeling market, the
oleomargarine therein contained, and
that no portion thereof was colored
pink.
I'm State v. Marshall, Ga n. a., $40.
it was held: "a statute prohibiting the
sale OF initiation butter, unless colorsd
pink, has for its object the prevention
OF fraud on the public In the sale OF pro-
visions, aud is therefore within the pur-
view OF the police power OF the State.
Judge Clark, In delivering the opin-
ion of the Court in this case, on page
$50, says: The prohibition OF the
statute being directed against inporta-
ton in selling or exposing for sale arti-
fetal compounds resembling butter, 1t
is no defense that the article sold or
exposed for sale Is free from impurity
and unwholesome ingredients, and
nutritious as an article of food. The
Legislature. In the exercise OF the pub :
lie power, for the purpose Of prevent
lug fraud. may prohibit the sale OF pure
milk mixed with pure water, or below
certain standard, and such legislation
is no evasion OF constitutional rights"
The Court then cites numerous
authorities, substantiating his decision,
and In closing says
Under these authorities, the act In
question must be held to be constitu-
tlonal, so far at least as 1t applies to
this defendant"
The meaning OF this latter clause Is,
that the Court decides the law constitu-
tional as to all retail dealers OF oleomar-
garine, but has not yet decided the
question which may arise whether oleo-
margarine can be bought at wholesale
ia another State, and sold at wholesale
In this State, without breaking bulk.
OTHER COURT NEWS.
Before Judge Campbell
Elizabeth McGinnis v. Dorance Nc
Ginnis, all order for temporary alimony
was entered.
A. j. Halstead and others v. Jenny
Halstead and others, decree confirm
ing sale was made, that expenses be
paid, and that the funds be retained
until further orders. The proceedings
as to Warren Halstead were continued.
Judge Campbell was assigned to the
Brooke and Hancock Courts. and Judge
PAUL to the Marshall Court, during
1898. Judge PAUL viii be the presiding
magistrate during the year.
Kirwan Sc Tyler VS.. the Nail City
Lantern Company; reset for January
31st.
Be fore Judge PAUL:
Frederick A. Baker v. @. Baker and
others; decree that George c. Gilchrist
be appointed special commissioner TO
sell the real estate in controversy.
Theodore Wolf and others v. D.
Spence; motion for new trial overruled;
exceptions, goes to Supreme Court.
Clark v. Moonar motion for new
trial overruled; exceptions.
D-ro ,yarr-Puv a hot watar bottle