St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-24
BUrTERINE IN COURT.

BUTTERINE IN COURT.
1t is about seven years since the dairy
Interests of the country became alarmed
at the appearance of a substitute for
butter in the markets, and began their
war on it. Instead of meeting it like
men in an open and fair contest on the
merits, they applied TO congress. urging
1t TO use that fayorite dodge of taxing
the business out of existence. They
have not been content with asking
merely that the substitute should be
plainly marked to indicate what it is,
but they would stamp it out altogether.
They failed in getting congress TO
levy a tax on it and on the mamufact-
urers of and dealers in II, but they have
succeeded In getting the state legisla-
lures, so susceptible to the influence of
votes, to adopt measures calculated to
destroy the business.
In this state they induced the legiS-
iature to pass an act requiring the but
terine. or oleomargarine, to be colored a
bright pink. There was no disguise of
the intention of this provision. 1t was
to prevent the sale of it by giving it a
color which would encounter a preju-
dice grounded in habit, and, like its
Kind, not amenabie to reason. The pro-
vision is precisely the same as that of
the defunct meat inspection law, which
required all meat offered for sale in
this state to be inspected on the toof in
the state before Slaughterlng, and is Tor
precisely the same purpose-to preclude
the Importation of it.
There is no question that it is q proper
and rightful exercise of the power of
the state to require that any article Of
fered for sale shall be so marked as to
show to the purchaser what it is; to
prevent any article from being sold for
something it is not. There is no ques-
ton either that society has the right to
protect itself against the sale of prod
uctS Injurious to health. But there
Should be no question that it is entirely
beyond the province of state to use its
power to prevent the sale of any health
ful product for what 1t is under any cir
cumStanceS-not that it is especially
beyond this power when the purpose of
It's exercise is to benefit or protect a
class with whose industry the article
may come in competition.
The butterine acts OF this state, re-
quirlng the pink coloring of this SUBJ
stltute for butter, are plainly obnoxious
to this objection to excess of jurisdic-
ton. and we say this with all due def
erence to the supreme court of this
state, which has recently decided the
contrary. We suppose it is bound by
Its OWN precedents, and this decision is
in line with Its decision in the Bob n
case. Both lose sight of the citizen in the
glamor of the sovereignty of the state.
Inc Forgotten NJ an in this case is the
consumer, whose right it is to buy any
heaithful product he may wish for con-
sumption, one of those inalienable rights
which no government has the right, and
none should have the power, to deprive
him of.
The Forgotten Man, as usual, is the
sufferer: Butter commands 80 to So
cents pound in the market. There
are thousands of families in this state
who, In these times, are prevented by
It's cost from using butter. They could
nave a clean, heaithful substitute for
butter at about 16 cents a pound E.
Clearly. it is their right to use the sub :
stltute if they wish. Clearly. the law
which would prevent them is inhumane.
The Democracy of the GLOBE is as
long as it is broad. II has no use for that
kind Of Democracy which fosters one
class interest because it is local, and OBJ
poses another because it is remote. 1t
sets its face against all class legislation,
whether it be for farmers Or manufact-
urers. 1t believes that all classes are
most benefited when no class has the
shelter OF special privilege. 1t believes
that the farmers engaged IN dairying
have no reat benefit from the attempte d
exclusion of butter substitutes, as a
matter of fact, while they rob them
selves of all moral backing in their de-
mands for relief from laws benefting
other classes whenever they demand
special legislation for themselves. But
questions of benefit are beside the case
they have no relation 10 it. and are not
entitled to consideration. The butterine
acts of this state are class legislation of
the most ultra stripe and should not be
upheld.