Evening star., 1898-11-03
How It Protects Violators of the
0Ieomargarine Laws.
WILKINS Case In PHILADELPHIA
Misrepresentation Procures Its
Postponement Until March.
CONDITIONS. IN THIS CITY

i The increased price of butter and the sue
| cess with which the powerful combination
! that controls the manufacture and sale of
! oleomargarine has been permitted to sell
| the product for genuine butter at genuine
| butter prices have led to a very large in
| crease in the latter practice throughout
| the east, and particularly in Washington.
| There is now being brought into the Dis
| trict every week thousands of pounds more
| than the trade in the stuff calls for. Of
| course, there is very large legitimate sale
| of it to persons who purchase it for what
| 1t is. 1t is used extensively in hotels, res
! taurants, boarding houses and by many
| private families. They ask for oleomar-
| garine, or butterine as they may prefer to
| call it, and pay the market price of the
| product. But this demand would not it
| appears, sufficiently recompense the dealers
| in it, SO it is sold right and left, in the
| markets, at commission houses in the vi
| clnlty or the latter, and at scores of other
| places throughout the city as butter to per-
| sons who ask for butter and pay the pre-
| Vailing market price for the genuine article
| This is where the imposition comes in and
! where the combination makes such enorm-
| Gus profits that it can cxpend immense
| sums yearly in commanding powerful in
| fiuences to aid it in safely continuing this
| fraud upon the public.
fragrant Frauds Here.
| II is not neyOnQ the D0unGS OF fact to
state that not less than 2O,00O pounds OF
| oleomargarine are sold to unsuspecting
| victims every month in the District of CO.
| luEnbia, for which butter prices are
charged.
If the authorities of the internal
| revenue bureau would do their duty under
| the law and the authorities of the District
! of Columbia would exert the power which
| is vested in them as we'll the entire illegal
ira ffic cOlIQ he SilV cd
| the past three years The Evening Star has
called attention repeatedly to the ndefens-
| ible policy of the internal revenue bureau
! in accepting money constantly as COM
promises in cases where men have violated
| the oleomargarine laws and the rules and
regulations governing its possession and
sale, which the United States Supreme
Court has affirmed as being valid.
The favorite course pursued by the oleo-
margarine men is to pay the tax on the
stuff and then scrape off the revenue
stamps and other distinguishing marks
from the packages and tubs containing it
| and sell it as butter. 1t was for an offense
of this sort that Joseph Wilkins of the
firm of Wilkins & Co. of this city, and
Howard Butler, an employe of the firm,
were tried and convicted in Philadelphia
last March.
A Recital Worthy of Thought.
And right here an interesting little story
is timely. When Wilkins and Butler were
convicted and sentenced to fines and terms
of Imprisonment in the United States dis
trict court at Philadelphia their attorneys,
Jere NJ. Wilson and a. A. Hoehling of this
city and P. ]. McManus of Philadelphia.
applied for a writ of error, the men being
| then released on $4,000 bail each. The
transcript of the original record in the Cir
cult Court was filed in the United States
Circuit Court of Appeals April II. 1885, the
same lawyers appearing for Joseph Wilkins,
who figured as plaintiff in error. James NJ.
nj tod Statn trin
NJ. F. Cullin assistant, appeared for the
defendant in error, the United States July
81 1898. September 13, 1898, the brief on
behalf of the plaintiff in error was filed.
When the hearing of the appeal was called
in the circuit court of appeals Tuesday
October %, last week, the case was con-
tinued until next March on motion of As
sistant United States District Attorney
Francis Fisher Kahn United States Dis
| trict Attorney Beck was present in the
court room. 1t was stated by the clerk of
the court that the plaintiff III error Will
kins, was not represented by counsel Mr.
kain announced that he understood
Judge Wilson was SO i'll to be unable
to make necessary argument and that his
illness was such that it would lay him up
for some time, and expressed his entire
Willingness that the case should go over
1t was openly understood in the court room
that the delay had the sanction of Attorney
General Griggs. To an inquirer who saw
him Monday, Mr.. Kahn said the case was
postponed the same many others when
counsel is sick" He said he did not posi-
lively know Judge Wilson was sick, but
took the word of the junior counsel in Phil
adelphia.
Mr.. Wilson Never Better in His Life
The many friends of Mr. Wilson In this
city who have been so gratified at hearing
him express himself within the last two
weeks as feeling as well as he ever did in
his life will doubtless recall the tradition
,hn IoJ,.l
learn of the representations Of the "iunior
counsel. or course, no one who knows
Jere . M. Wilson, or even has sliesnt ac-
quaintance with him, will even consider the
possibility of his having had anything to
do with the junior counsePs statements
but the facts as stated.
Ihe case is a most important one and
every Illegal manipulate of oleomargarine
IN the country has been watching it with
consuming interest. The sum of IS 900 was
offered to the government to 'compromise''
it, and thus prevent the trial of the defend
ants. The internal revenue bureau authori-
ties recommended its acceptance, as they
always do in such cases, and the Secretary
of the Treasury approved this recommends
ton Attorney General Griggs listened to
arguments made by Messrs Jere NJ Wilson
and Michener, in the course of which the
latter, 1t Is understood sought to clinch his
presentation of the case by the statement
that Wilkins and Butler would be proven
innocent, anyhow, if they We're tried At
tuiS tHe Attorney General prOmDtlV re-
marked, so it is said, that the government
couldn't think of taking $1,000 from .in-
nocent parties, and declined the offer
Why Delay Was Desired.
The trial proved the guilt of the defend
ants overwhelmingly. No defense was
made, no witnesses being placed on the
stand, and the writ of error was obtained
on technical legal points which even Phila
ceiphia lawyers declared then and declare
r. ow would not be given seconds consid-
Grafton In the circuit court of appeals. The
termination of the case, as expected by
these lawyers and every one who has fol-
lowed it, would mean not only that VIII
kens and Butler would be compelled to paw
their fines and undergo their terms of i'm
prisonment, but that the settlement would
be precedent which would be fatally in
furious to the further safe pursuit of the
illegal practice of "scraping" oleomar-
garine packages which now has the coun-
tenance, in the opinion of those familiar
with the facts, of the internal revenue
bureau. Consequently. delay was neces-
sary, and the farce Is on and act 1, as
will be seen, was performed in Philadelphia
last week.