The Portland daily press., 1897-01-18
Brisk Fight in House Over the
Law.
FRIENDS OF THE cow IN MAJOR
ITY BUT MA RGIN NARROW.
Maine Sea Captains War Claim-Little
Encouragement Given Him-Portland
People Recently at the Capital.
ESPECIAL TO THE pREss.]


Washington, Jan. 16-On Wednesday
and Thursday the House had brisk
fight over House bill No. 1921, bill to
make oleomargarine and all other irni-
tation dairy products subject to the laws
of the State or Territory into which they
are transported. The bill in full, is IS
follows:
'tThat all articles known as oIeomar-
garine, butteriue, imitation butter or
imitation cheese, or any substance IN the
mblanoe of butter or cheese not the
usual product of the. dairy and not made
exclusively of pure and unadulterated
milk or cream, transported into any
State or Territory, or remaining therein
for use, consumption, sale, or storage
therein, shall, upon arrival within the
limits OF such State or Territory, be sub
ject to the operation and effect ofrthe 10 VS.
of such State or Territory enacted in the
exercise of its police powers to the same
extent and in the same manner rs though
such articles or substances had been
produced in such State or Territory, and
shall not be exempt therefrom by reason
of being in reduced therein in Roriginal
packages or otherwise.
Provided, that nothing in this act. shall
be construed to permit any State to for
bid the manufacture or sale of oleomar-
garine In a separate aud distinct form,
and In such manner as will advise the
consumer of its real character free from
coloration or ingredient that causes 1t to
look like buttter.
the friends of the cow IN the one side,
and the Southern constitutionaltst law
yers allied to the oleo makers on the
other "An honest COW is The noblest
work, of God," said MIR. Lacey from the
dairy regions Of Iowa, and this was
echoed by Mr.. Grant from the golden
butter towns of Vermont.
The purposes of the bill will he of in
terest in Maine. W here there has been
legislation against oleomargarine. The
object proposed is to place oleomargarine
and all other imitation dairy products
under the regulation CT the laws in the
States and Territories into which such
articles shall have been transported from
other States for sale.
The doctrine was announced by the
Supreme Court in the case of Leisy v.
Hardin, known as tia Original pack
age" decision, that where any article of
conn is. manufactured in one State
and transported into another State and
placed on the market, that the sale of
such articls of commerce should be pro-
terted to the extent of one transfer while
the goods remained in the original pack
age, aud until thsy became part of the
commercial products of the State into
which they were shipped.
Most Of the States of the Union have
passed laws regulating the sale of cleo
margarine, etc. These laws do not gen.
orally prohibit either the manufacture or
sale. at Wholesale or rotail, of these ar
ticles; but all such legislation uf the
States seems to be for the purpose Of pre-
venting tbs sale Of oleomargarine, etc.,
for butter, etc. In other words, no ex-
ception has been taken to tine sale of
oleorlargariDe, ETC., as such, but COM
plants continually come against the sale
of imitation articles as the genuine, and
most of the States have upon their stat-
ute books laws of this character; but as
soon as Che Original package" decision
WAS rendered, the dealers in oleonar-
garine and other imitation dairy pro-
ducts saw On opportunity by which they
could eyade those laws and effect at least
ono sale withoub fear of prosecution. The
representatives of the farmers and dairy
men OF the United States claim that
large amount of imitation dairy products
have thus been placed upon the market,
and the sale of said imitation dairy pro-
ducts as genuine immensely increased.
The southern constitutional lawyers
have usually made their GREATEST fights
upon propositions to increase the Nation
al power at the expense Of the power of
the States. But in this case they rallied