The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-02-28
Me-. Neberg Shows that The Industry
Can Be Entirely Prohibited.
SECTION THREE LEGALLY CONSTRUED
The Cry Of Fraud Against the ArtlcIs
Is All Wolf, as People Always Know
What They Are Buying.


other side Of the house who oppose this
tS constitutionalitv. II is not entirely free
OF that doubt there are indeed grave
doubts as to the constitutionahty OF this
mcHSuve.
One question presented is whether one
industry can be taxed out Of existence by
the exercise OF the taxing power for tho
the principle embodied in the Interstate
commerce clause OF the constitution, aud
that is whether congress cal delegate to
state one of Its powers and thereby totally
prevent manufactured article OF one
state from gong as an article OF commerce
into another State.
The question Is not what construction
gentlemen may place upon this Oil from
this standpoint, but the question Is what
construction the court Of last resort will
place upon It. Under o well-defned princi-
pie of construction the courts must hrst be
guided by the language Of the bill
! say that under the FIRST section OF this
bill the legislatures Of the different States
have conferred upon them whether II be
constitutional or uoD the power to abso
,utely forbid cleomargarlne which may be
manufactured Ia one state uOr Instance,
the State OF illinois, going into another
ara there cold read the Language OF the
That all artic IS known as oleomar
galine, huttegine, imit tlon butter. OF int
tatlon cheese or any sub lance In the sem
hlance Of butter or cheese not the usua
pr,aact Of the dairy pnl not made exClu-
shcl} pure anu unaiuitcrattd milk or
cream, transported Into Ant State or Ter
rltolA the District OF Columbia renain
ing thcltin 70. use. consumption, sale, Or
storage therein, shall, upon the arrival
thp the limits a. such state or Telr
tory q. TIN Di tiCt OF Columbia, be sub
ipcted 70 the operation and effect OF tho
laws Of such ST te or Territory o. the Dis
trltt OF Columbia, ETC.
Now, this 10 tn. very language OF the
Wilson act, which now governs the legis-
latuIe of Iowa. That legislature mas not
gone to the exteu-- Of absolutely excluding
LIQUOR from the confines OF the State. AS !
understand. liquor Is sold there In original
packages, and then the law o. the state
col trolls the sale. But does any gentleman
on this foo. contend that under tae Wilson
act the legislature of Iowa can not pass
law land that Is exactly the language OF
this h ID to Immediately seize every particle
81 liquor imported into the state the NUN
ute II lands upon the platform of raj
road or the wharf OF portf II can seize
1t and condemn 1t, no matter though II
were sent to purchaser there who wanted
10 use Il -41 the language Of this bill and
IN the language Of the Iowa statute) for bis
own consumption.
t4tf+A--++lI-l- do nc. want to -nisleAd
any one on this noor-it is true that the
supreme court has not pnSsed upon that
paramount issue. II has not yet decided
that a legislature can absolutely prevent
the importation Of an article OF commerce
from one State into another by Selling such
article and destroying It, But 1t Is claimed
by the advocates of this bill that the lcgts
laturcs have the power absolutely to con.
troll, to the exclusion OF congress- oleomar-
garine imported from one State Into an
other. Then what Is to prevent such Il leg
stature from passing a law mat lm l,ae
margarine, red or white. colored or I'M
colored, shipped from one state into another
| 1t shall be seized and destroyed I say can.
didy that the supreme court OF the United
! States has never gone TO that extent
! Whether 1t viii do so, whether 1t can do
SO under the Interstate commerce laws or
the constitution OF the United states, ls a
doubtful question: but evidently 1t Is the
intent Of this bill 1t can be the only rc1.
sonable construction OF II, that the lcgid-
laturc Of every state may not only say
that oleomtrgArine shall not he sold or man
ufactured coloIed but even that II shall not
he manufactured az all. Let Us consoles
Under This biii want to can your attcn-
! tion again TO the language of II. J say any
! state Legislature. If 1t secs 1T, can ahsc-
rutcly prohibit The manufacture Of oleomat
garine af 1t is now understood In the trade
! and defined in the act OF 1856 direct
yorr attention to the proviso Of the frst
| section OF this bill:
be construed 10 permit any state to per
NIT the manufacture or sale OF oeUmar.
gaiIne in a separate aud distinct form ara
! In such manner rs viii advise the consumer
OF it's real character, free frcn col0rdtion
or ingredients that cause it to look Ike
butter"
! Mt. chairman ana EcullFiNen. WHIT boEh
that mCanI Not only free from coloralon'
but free from the ingredients OF puscr
Now, every one VINO has giN0u this mater
any consideration whatever, understand
that either butter or milk ana cream enter
into the competition or ole0margaiihe ~
legi',nutc and necessary Ingredients OF It;
OlooilaIgurlne as nov lDanufactu "a ana
sold Is made PATTY Of bt tier Or mix ana
cream Of the best quality. With
out these Ingredients II Is not com.
phte. q l. not oleomRrgnrihe
/ want to make this argument on the leBa
question involved In this hll, because ] dc
not think any gentleman has touched upoI
It, except the gentleman rom oa'o tNtr
Grosyenor) when he cited section OF The
I'M Bn / want TO emphasize It, / wau
10 call II specifically ana clearly, u / can
to the minds Of representatives The rae
IS that no oleomargarine as now consul
| tuted, as now known In the markets car
be manufactured II this bill passes. 0leo
margarine rs now understood and dehne'
10y law has in It an Ingredient either o
gives &C. according TO the opponents o
oleomargarine, its color, or ~ least
part of the color, however slight
You VIII Observe that IN this FIRST sectiol
the original craftsman NJ this bill had III
| word yellow" which was stricken out b.
the committee. Whyf So that II any lqll
or cream on butter was used ~ the manu-
facture Of oeomargarine and 1t had an
, seiublance or o5kea Ike butter, hpweNe
ilght the color may he then II CAME tnde
= he Ian of this law. All, gentlemen sa
they ME not trying 10 tn1ure or 10 destio
the oieomargarine Industry.
say, If this bill passes, not spepkin
4 row Of the third section to which the II
teutiol Of the house has been called D.
1 lie gentleman from OHIO tMr. Grosvenor
! II this first section passes, then such a
, article as OleOmargnrine as now commonl
, understood, and as understood In legal pa
lance. can not be manufactured. and 20
1 Slll lave nglhlhs bus che raw fat, noti
/ Ing but lard, nothing but cotton seed q
I and the other constituents congiomeratet
but you have not that part OF milk m
cream which gives II the favor and put
II IN demand for consumers aud upon "a
market, ana you have something else. 20
4 may have some kind Of fat substance
: ! but YOU have not got oleomargarine 70
I have dstroyed, you have wiped out the yer
l. | definition Of the word from the st0tul
E, | books Especially T. this 20 when we tai
1 INTO consideration the clause which tax,
colored oleomargarlne 10 cents a pound
: this connection. II tine legislature OF
: state falls 10 iegisiate Oleomarsaiine o.
+; az existence then congress has provide
The lOcent tax 10 prohibit It's manufactui
ami BALE.
Yet gentlemen come here and claim th'
they can make II cheaper, aid may bay
. The same Kind Of huttcrine or the sau
y kind OF oeomargarine that Is now col
q umed by some people But Won
II ecause oleomargarine Is now cei ned
= law, and II IS recognized as an ortelc
. commerce In the market and contains