Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-22
A STATUTORY CRIME
Important and Far-Reaching Decision
On the 0leomargarine Laws.
WILKINS and BUFFERS CASES
The Offenders Must Now Serve
the Sentences Imposed.
TEXT OF THE MON

TEXT OF THE OPINION
The decision of the United States circuit
court of appeals for the third circuit. which
was handed down in Philadelphia yester-
day. affirming the action of the United
States district court in the case of the
government against Joseph Wilkins and
Howard Butler both of this city. who were
convicted of violating the oleomargarine
laws, will have far-reaching significance,
as it declares the offense a statutory crime.
Wilkins who is a member of the firm OF
Wilkins & Co of this city, and Butler. an
employee of the same firm, were arrested
by Special Agents Bowen and Van Horn
early Sunday morning, December 70, 1896,
in a warehouse on pier No. "a, South Della
ware avenue Philadelphia, while engaged
in removing the internal revenue stamps
and other distinguishing marks from a
number of packages of oleomargarine.
They were taken into custody in the very
act and from that time on all the most
potent influences that the powers behind
the oleomargarine interests could command
were brought to prevent the men pelns
brought to trial An offer of $4,000 was
made to the authorities of the internal
revenue bureau to withdraw the prosecu-
tlOn. In accordance WIFI us lOHS -eSldu-
lshed custom of compromising such cases
the internal revenue bureau approved this
request. and the Secretary of the Treasury
likewise approved It, The Attorney Gen,
eral, then present Justice kenna, decl1ned
to permit the men to escape trial. In April
1897 Attorney General Grggs having as
sumed office. the oleomargarine attorneys
offered S., 600 to the treasury authorities to
drop the prosecution The latter again rec
commended its acceptance, but Attorney
| General Griggs declined to approve it:
The men were brought to trial and con-
vcted before Judge Butler in the district
court at Philadelphia. wilkins was SEN
fenced to six months Imprisonment and
81 800 fine. and Butler to four months inn
prisonment and fine of $500. Both were
released on bail, pending the hearing of the
writ of error.
The appeal was heard before Circuit
Judges Acheson and Dallas and District
Judge Burlington last March
The Opinion in Full.
Justice Burlington rendered the opinion
yesterday, which was unanimous. On &C
count of it's Importance it is given in full
as follows:
This is a writ of error sued out by the
defendant. to review the case of the United
States agt. Joseph wilkins in the district
court for the eastern district of Pennsyl-
vana When the case called for trial
defendants demurrer to the Indictment was
overruled and thereafter he was convicted
and sentence imposed. The overruling OF
such demurrer is here assigned for error.
We will first examine the third count,
for if it is sustained sentence was lawfully
imposed. By section of an act OF Con-
gress approved August 2, 1856 entitled An
act defining butter, also imposing a tax
upon and regulating the manufacture, sale,
importation and expectation of oleomarga-
rne it is provided that all oleomargarine
shall be packed by the manufacturer there
of in firkinS, tubs or other wooden pack
ages not before used for that purpose. each
containing not less than ten pounds, and
marked. stamped and branded as the COM
missioner Of internal revenue, with the APP
prevail of the Secretary of the Treasury,
shall prescribe; and all sales made by man
ufacturers of oeomargarine. and wholesale
dealers in oleomargarne, shall be in orig
inal stamped packages; and by section 10,
that any person who shall willfully re-
move or deface the stamps. marks or brands
on packages containing oleomargarine af-
fixed as provided herein shall be guilty of a
misdemeanor, and shall be punished by
fine of not less than 500 or more than
81 900. and by Imprisonment for not less
than thirty days more than six months.
Definite Regulations.
In pursuance of the authority thereto
enabling the following regulation was by
the commissioner of internal revenue, with
the approval of the Secretary of the
Treasury, duly made and promulgated on
June Is, 1895. to wit. Every package of
oleomargarine must, before removal from
the mandatory, be branded or stenciled
as follows: "
The letters and figures in the above
brand must be of the following dimen-
sions: The letters in the word "oleomarga-
rine'' must be not less than three-Quarters
of an inch in length, and all other letters
and figures not less than one-half an inch
in length
The third count was as follows: And
the grand inquest aforesaid, inquiring as
aforesaid, uDon their respective oaths and
affirmations as aforesaid, do further pre-
sent that aftcrward, to wit: Upon the day
and wear aforesaid the said Joseph Will
kins, late of the district aforesaid yeoman
at the district aforesaid, and within the
Jurisdiction of this court. did. at TO WIT:
Pier No. "a, South Delaware avenue In the
city of Philadelphia and district aforesaid,
knowingly. willfully, unlawfully and frau
duiently remove certain brand from
certain package then and there containing
oleomargarine, to wit: Sixty pounds OF
olcomargarine. to wit: The word oleomar-
par:ne' which was then and there required
and was then and there under the re-
ouireu,cnts of law, branded upon the afore-
said package then and there containing
! oIconargarine as aforesaid; contrary to
| RI. form Of the act of Congress In Such
| case made and provided, and against the
peace and dignity of the United states Oh
America.
| Manifest knowledge.
:, or cause of demurrer thereto the de-
| PENDANT
| state facts sufficient to constitute any Of
! fenee against the United States, and that
! the same was insufficient in law. Was
| such objection well grounded? That fed
| eral criminal offenses are wholly statute y,
| and mat, therefore, indie men must nave
| legislative warrant is clear: United States
| V Hudson. : Cranch, 81; United States V.
| coolidge. / Wheaton. 40; United States v.
| Britton los L. s., 1893; Manchester " Mas
! sachusetts. 139 L. S. 20; United States V.
| Eaton IA L. S.. go; ana. moreover, that
| such indictment should, first. fully app.lse
! the defendant OF the charse agaihst MN.
| and secondly be such as to shield him, by
plea of auter fos acquit or convict, If pros
ecuted a second ms.
| ..That by this in 1ictment the defendant
| was fully appraised of tue charge against
him is manifest. Tie brand he was ehai &
ed with removing was specifically set forth
| as the word 'oleomargiTiEe, 1t was on d
certain package, that package conta ned a
certain article. viz, 'iemal garine. and
definite quantity. to wit, sixty pounds; the
|