Evening star., 1902-02-17
BILL
CRAFTY AMENDMENTS MADE I'M
THE HOUSE.
Some Defects in the Act Pointed Out
and Remedies for Them
Suggested.

Some very crafty amendments were madQ
to the oleomargarine bill before it passed
the House, and it is claimed by some of the
friends Of pure butter that the amend.
ments left loopholes for the evasion of the
proposed restrictions and opportunity to
practically defeat the object Of tho law.
It Is claimed, for instance, by ex-Repre-
sentative Grout, who led the battle against
imitation butter in the last Congress, that
one Of these defects is the use of the words
'of any shade Of yellow as descriptive of
the word butter" wherever 1t occurs and
that another is the amendment which pro-
vides that nothing in this act shall be con-
strued to forbid q state to permit the man.
ufacture and sale of oleomargarine in any
manner 1t may be described, provided the
same be sold within the state.
The word act" 1t is claimed. carries tho
meaning Of this proviso beyond the section
to which 1t Is attached. to every section OF
the bill and the effect would be to put the
whole oleomargarine business under con.
the subject. The only limitation would bS
that oleomargarine should not be taken out
OF the state. But 1t could find its way
across state lines in thousand ways, the
same as 1t now does. This is stab at the
very vitals Of the bill and neutraliZes tht
whole act, it is alleged.
Another Fault.
The other fault, 1t Is urged. Is Just about
as bad. In defining the kind Of oleomar~
garine that should pay the one-quarter OF
1 cent tax only, the following language is
used: Provided that when made without
coloration or ingredient that causes it to
look like butter Of any shade Of yellow"
1t is pointed out that IL the oleomargarine
manufactur should color their product
orange" which is q color by itself, just as
is yellow, how could the commissioner OF
internal revenue exact a 10 cent tax? 1t -
nLA1 Dat
the commissioner should insist on this ta3
and the oleomargarine man should stand
out. how could the government collect itS
Any proceeding. 1t Is said to collect this
tax would be one in invitum, like all tar
proceedings. and the rule OF law Ia that the
construction on every point shall be against
the government. Under this strict con.
struction 1t is feared that the court would
not hold that orange Is a shade Of yellow,
but q color by ITSELF and this Is what thu
court would have to do to save the govs
II it had the power to construe literally
1t might jump the point. But in a tax prop
ceeding. whether criminal In form or NOT
everything Is construed strictly against tho
government. on the ground that 1t Is wresta
ing from the citizen money for the public
use and for no tangible. specific equivalent
This holding would also be called for bY
another rule Of construction namely. thai
In legislation or in contracts, IL one Oh
several things OF a kindred nature Is enuS
merated. all those not named are excluded
How to Remedy the Defect.
The defect can be remedied. It Is said, By
substituting for this section the one In tho
original bill. which was indorsed by the
last House. more than two to one. and aps
proved by the Senate committee on agr3s
culture. and which Is plain and simple whsA
compared with the involved and obscurx
one now In the bill.
Another remedy is to strike out the
words "Of any shade OF yellow" or add
thereto the words cor orange" SO II would
read. "Of any shade Of yellow or orange
This section would then secure the 10-cenA
tax on all oleomargarine 'colored In imitaS
tion Of butter" to use the language In thu
original bill, and that IL the particular thln0
sought to be accomplished.
II the bin should become a law with THU
point an left by the House, some think u
VIII result In the entire oleomargar1ne
product assuming the color OF orange on 9
tax OF one-Quarter OF cent per pound, ana
the purpose aimed at In the original bin
win wholly fau.