The sun., 1894-01-04
war ON OLEoMARGARINE.
Coumissioner scbrsub to Meet Armour 81
Co.. suit with Confidence In the Hesul-.

nmisstouer Scbrsub to Meet Armour 81
Co... Suit with Confidence In the Result.
ALBANY. Jan. 3.-The oleomarRarine war Is
becoming lively. Armour Il Co. on Saturday
commenced an action In the Circuit Court OF
the United States seeking to enjoin Fred {.
schraub the New York State Com missioner OF
Agriculture. or his deputies from enforcing
the provisions OF the State laws on the subject
OF the sale OF eleomargarine until such time as
q decision can be had in the United states
Court on the right OF Armour 4 Co. to sell
these goods in the original packages under the
Interstate Commerce decisions. They say In
their com 'aint that their product is purely
healthy one and that they have the undoubted
right TO sell the same in unbroken packages; /;
that the action OF tho Commissioner in his
efforts to prevent their sale has already caused
them incalculable damage. and that he throat
ems to continue his opposition to the sales un-
til an Injunction 10 granted.
The Commissioner says TINT this move OF
Armour q Co. 10 the checklist thing he ever
heard Of They are seeking to enIoin an Of
fetal OF the State Government from discharg-
ing his duty under the law. which was do
signed for the protection OF the citizeus OF tho
State from the sale OF fraudulent dairy prod
ucts, and that II such an Injunction were
granted Arm our 4 Co. could openly sell their
goods and flood the State with them
while the matter was being determined
in the courts. and then. II the court
should finally determine that the position
OF the State was right under the statute. Ar
mour l. Co. would have profted Illegally to the
extent Of millions OF dollars, for which the
state would have no redress. The Commis-
sioner has well defined plan OF action on
which he has been operating, and has refused
to be brought by Armour 20, into AN action
In the Supreme Court. in which he was plain
tin until the state courts had had an opportn-
nifty to declare the intent and meaning OF the
statute. They having seen flt however. 70
commence this litigation. the department will
meet them 10 vaIi9Ss Ways ana he 5 eTrrEssSs s
yor Of the state and the validity Of Its law ON
Com mis- er schra ub recon mende ell to Gov.
Flower that ne should bring the attention OF
the Legislature to this matter in his message.
Legislature to memoriaiizo Congress upon the
necessity OF additional legisla lation 90 the sup
eS at III I'm saSs1 Of 9 e ned
states Senate an act TO regulate the sale os
oleomargsrine, or any imitation Of butter or
The provisions OF the bill are as follows;
That all articles known as oromsrsarine 1GtIerine
In ssmSancs OF butter or cheese not the rsus pTodue
Of ns s.y & and not mGs sYSe Of S"S sa an
or Territory. or rsmalning therein tor use, eoGsump-
sach stat. or rsrTiiory he saoJs aps alton aud
.. % Il. o. G cS az m H sn and nd
IN hs same manner Hs though surh articles Or suD'
and shall be exempt thurefruIn by reason 0f being
introduced therein in original packages or otherwise.
The Commissioner has also brought suit
against the agents Of Armour 4 GO. in Utica.
and will enioin them from continuing their
sales. lie will also imm ediateiy commence
actions against their agents in Buffalo and
Rochester.
The Commissioner o-day said that the ac-
tion of the Mercantile Exchange OF the city OF
New York. while u little premature, is still in
accordance with his views, and he will cor
diAlly cooperate with the representatives OF
that body in presenting tho matter to the at
tention OF Congress. aud will request the con-
currenee OF all orange societies and all faTm-
ers' organizations and societies in the state in
urging upon Congress the necessity iOr this
proposed Legislation.