Omaha daily bee., 1902-11-27

but the unlawful sale and possession Of i'm
itation butter unlawfully colored. 1t is the
contention Of counsel for the accused that
the legislature is without power to declare
the sale and possession of colored imitation
butter an offense and relies upon the sweep
ing declaration that the law violates the
fundamental principles OF a free and Just
government.
In his brief the attorney general contends
that the law is a valid exercise Of the police
powers Of the state, and that under the po-
lice power Of the sovereign not only the
morals and health of the public may be
protected by legislation, but the public nay
be protected against fraud and deception
and the sale of all things prohibited which
may or might deceive the consumer. I'm
der the law as 1t stands today in Nebraska
oleomargarine. a substitute for butter, may
be sold lawfully, provided 1t is labeled or
stamped as such and is pure oleomargarine.
The label or stamp is sufficient informa-
tion to the purchaser to protect him; he is
Informed of what he buys. But the con-
sumer, the person who sits at the table,
is not protected or warned by the stamp;
the substitute for butter is set before him
and the label is not served at the table
with the article. BY the title OF this act
II will be observed that ii is for the pro-
lection Of the consumer at the table. The
only way he has OF Rscertaining the true
character of the food in question Is by it's
color, pure oleomargarine being of a white
and butter naturally OF a yellow color. If
colored yellow, oleomargarine is said to be
indistinguishable from butter, except by an
expert. The full purpose Of the law is to
prevent the deception of both the purchaser
and the consumer. The label protects the
former. the color the latter, But the au-
thorities with great unanimity sustain stat
! utes identical in substance with the Ne
braska law, on the broad ground that the
public is entitled to protection against de-
ception and fraud which may arise from the
coloring OF oleomargarine. even though the
article be stamped.
Ferrar Picks His Seal
Henry s.. Ferrar, ELECT
from Hall county, was at the state house
today selecting his seat for the coming ses-
sion. Incidentally It is stated that he made
a most excellent impression around the
capitol, and It is predicted that he will be
one Of the strong men in the house during
the coming session. Mr.. Ferrar's election
was the outcome of a strong fight which
attracted considerable attention in it's pre-
liminary stage. He is manager OF the
Grand Island beet sugar factory Of the
American Beet Sugar company. and after
he had been nominated as a representative
OF the American beet sugar interests the
convention which had nominated him
adopted a platform highly commencing the
Cuban reciprocity policy OF President
Roosevelt. This apparently contradictory
or incompatible condition Of affairs created
considerable tension and an effort was made
after the convention to cause Ferrar to
withdraw. but he chung to his guns and
came out VIGOROUSLY.
New Corporations.
The Ancient Order Of United Workmer
Temple association OF South Omaha has
filed articles of incorporation with an au'
thorized capital of S35 900. Its declared
purpose is the erection Of a fraternity tenn
pie in South Omaha and It's incorporation
are C. w. Miller. NJ. A.. Martin, J. ]. Marley
B. E. Wilcox. J. F. Schultz. G. NJ. Rich. G
H. Brewer, August Miller. F. a. Cressey
A. L. B%ergquist aud Joh Kennedy.
The protests made for some time past
against insurance rates on business prop
--sto. - nu,ah. haa raHtIfad In the nroan-