Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-04-25
0leomargarine Cases Seem to Have
Been Lost Sight Of.
LEGAL REPRESENTATION CRITICISED
A West Virginia Case Showing the
Flag ant OIeo. Frauds.
POWERS THAT ARE POTENT


fully the violation of the laws and regula-
tons governing the sale of the product arc
taking advantage of the present excitement
to extend their Illegal operations, and the
expected increase in the price of real but
ter. which like all other necessities adj
vances when war is in progress, is being
looked forward to by them with great in
terest.
The authorities at the city hall seem to
have entirely forgotten the numerous in
dictments pending against alleged violators
of the oleomargarine laws and regulations
in the District, where the custom has been
SO fiagrantly and persstently INDUCED in,
and there is considerable comment on the
subject in circles vitality interested In the
matter. Three months ago it was officially
announced at the district attorneys office
that the cases in question would be called
for trial in short tims. At the inquest
into the killing of George NJ. Rye Assistant
District Attorney Shilington upon being
asked by Star reporter when the oleo
cases would be tried replied that he be-
neved they would be called in about ten
days.
Mr.. TnSEart Doesn't Know.
In response to a similar inquiry made
Saturday Assistant District Attorney Tag
CART, to whom the prosecution of the cases
has been assigned. inquired what the
status Of the Philadelphia case" was, and
said he didn't know when the cases here
would be called. Just what bearing the
Philadelphia case, presumably that of Jo-
seph Wilkins and Howard Butler, convicted
there in March and sentenced to fines and
terms of Imprisonment for violations of the
oleo laws, has on the prosecution of the
numerous cases pending in the local court
MI. Taggart did not state. There is no
analogy, at any rate, between that case, in
which the serving of the sentences by the
convicted men is delayed until September
by reason of their attorneys filing a writ of
error against the finding of the court and
those to be heard here. In the Philadelphia
case Wilkins and Butler were charged with
removing the legal marks from number
OF packages of oleomargarine. In the local
cases the indicted parties are charged with
selling oieomargarine for butter and charg-
1rg butter prices for it.
Impressions on the Subject.
The delay in bringing these cases to trial
is increasing the impression, already strong,
that the great powers out west and in the
internal revenue bureau behind the oleo-
margarine dealers are more potent than the
public demand for relief from the out
1aseous imposition upon it, and it seems
to many conservative observers that the
district attorneys Office owes it to itself
TO bring the cases to early trial.
The friends of the oleo.nargarine men do
rot hesitate to declare that they will never
be brought TO trial as long as District At
torney Davis can prevent it. This, of
course, is an aspersion on Mr.. Davis, but
the oleomargarine men and their sympa-
thizers do not hesitate to indulge in it at
every opportunity. Mr.. Davis, as is we'll
known, was associated with Mr.. jeremiah
NJ. Wilson as attorney for the various per-
sons under indictment for oleomargarine
violations, and consequently 1t was not
possible for him to personally prosecute
the cases. and they were assigned to As
sistant District Attorney Taggart. 1t is a
fact, however, that when Mr.. Davis nomi-
nation for the office he holds by ap-
pointment of the District Supreme Court
was pending in the Senate and was being
antagoniZed by the National Dairy Union
on account of his connection with the oleo-
margarine cases in question, representa-
tives of the dairy union were assured by
representatives of the bar association that
while Mr.. Davis could not personally take
part in the cases, he would, If confirmed as
district attorney, see that they were Wig
orously prosecuted.
Violations still In Progress.
The violations Of the law and the regu-
lations here have not ceased and the inter-
nal revenue authorities are perfectly well
aware of 1t. Vigorous prosecution of pend
ing cases, it is thought, would substantially
aid in stopping the nefarious practice.
W. o. Lusby. who was convicted on an
indictment similar to those now pending
against number of others, and who paid
heavy fine and suffered Jail imprison-
ment for three hours, said this morning
that he could not why he should have
been made to suffer and the others charged
with similar offenses not even brought to
trial.
Victims Made to Suffer More.
An interesting case, showing the fragrant
and widespread violation Of the oleomarg-
arne laws and illustrating anew the policy
of the internal revenue bureau in allowing
the arch offenders in the practice to escape
prosecution by payment of large sums Of
money into the treasury as compromises"
has just been disposed of in the United
States district court of West Virginia. A
year or ago the internal revenue special
agents discovered that wilkins & Co. Of
this city were sending Stole Bros. of
Wheeling, w. Va, large quantities of oleo
margarine in packages from which the legal
marks had been removed. Stole Bros.
supplied this oleomargarine to numerous
dealers in West Virginia, Ohio and Penn
sylvania who purchased 1t under the sup
position that it was butter and who In turn
sold it to customers for butter. The inter-
nal revenue authorities accepted 5000
from Wilkins & Co. and 81 500 from Stolze
Bros. in return for compromising the cases
against them. Special agents Of the bureau
then worked up cases against the smaller
dealers who had bought the supposed but
ter from Stolze Bros, and the bureau au-
thOr1tleS nOtlneQ tneSe dealers tndt tney
would each be compelled to pay the license
tax demanded of dealers in oleomargarine
and in addition the penalty attached to
selling Oleomargarine Illegally.
A Test Case Brought.
The amount involved In all these cases
was $14, Zoo. Herbert & Paul. one of the
firms purchasing from Stolze Bros. were
selected by the others involved to bring
test case in the United States district court
of West Virginia to recover from the gov
eminent the money paid for such licenses
and penalties. The case was heard by
Judge Jackson a couple of weeks ago. Gov
ernor Atkinson of West Virginia appearing
as attorney for Herbert & Paul.
Special agents of the internal revenue bu-
reau showed that in two years Stolze Bros.
had received 3d. 600 pounds of alleged but
ter. OF which over "a 900 pounds were oleo-
marga rine, shipped from Washington by
wilkins & Co. and Howard & Co." the
latter shown to be the name adopted by
Howard Butler, an employee Of wilkins &
Co.
Justice JacksOn's Warming.
During the trial John c. Stolze of the
firm of Stolze Brothers was put on the
stand, and produced his books. His an