The Washington times., 1902-04-02
enator Bailey Says Meas
ure Could Not Be Up
held by the Courts.
SENATOR SPOONER'S ARGUMENT
With Legitimate Manufacture of
Product, But Is Aimed Against Pal
pable Deception.

Senators Spooner and Bailey, two of
the leading constitutional lawyers of the
Senate. yesterday discussed the oleo bill
from the legal standpoint. Mr.. Spooner
in it's favor and Mr.. Bailey in opposition.
Both Senator's were listened to attentive
.ly by good audiences on the floor though
the galleries were not very well filed.
Mr. Bailey will conclude his speech to-
morrow. Mr.. Wellington announced last
night that he might make speech. Ex-
cept for this possibility Mr.. Bailey will
conclude the argument.
Vote on Bill Tomorrow.
An agreement was reached yesterday
afternoon that the voting on the bill and
it's amendments shall begin tomorrow at
s o'clock.
Mr.. Heitfeld opened the debate yester
day. He said that being farmer himself,
his sympathies were naturally with the
dairy interests, but all his constituents
were not farmers, and these bad inter
ests which deserved attention. He did
not see where The farmer was to derive
any benefit from the pending bill.
Butter INDUSTRY Sale-
He expressed the opinion that oleomar-
garine can never greatly injure the but
ter industry.
Mr. Heitfeld said further that in his
opinion the bill is intended to kill the
oleomargaine business.
Mr.. Galiinger made an argument IN
favor OF the bill which he represented as
"a protest against fraud and vindlca-
tion of one of the simplest principles OF
common integrity" Thirty of the forty
five States, he said, have anti-color laws;
and the proposition is to incorporate the
same principle in Federal statute, the
better to regulate the manufacture ana
sale of oleomargarine.
The bill proposes to 1egislate against
n palpabIe and brazen fraud. 1t threatens
no harm TO the oleomargarine industry II
honestly conducted; but ii does lay the
strong hand of the law on a business car
ried on along the line of deceit, misrepre-
sentation and fraudulent device.
The Flag of Fair Play.
Mr. Spooner admitted that oleomarga-
rine was healthful product, and there
fore legitimate article of commerce. If
the bill were enacted into law. he believed
that the production of oleomargarine
UnueF the nag Ol ldlT play Wouiu III
crease rather than diminish. He main
tanned. in the course of a legal and con-
stitutional argument, that Congress was
justified in the enactment of the proposed
legislation,
He maintained that Congress had the
constitutional right to tax Oleomargarine,
and he supported the measure because he
believed such tax was in the interest
of the people.
Discussing the coloring of oleomarga-
rine he said:
The most impudent proposition | ever
heard is that of the hog and steer butter
makers that they discovered the butter
color. You may color butter as you please
and it is still butter. and you may color
oleomargarine as you please and it is
still not butter"
A Palpable Deception.
In discussion with Mr.. Money he de-
clared that it was so plain that the col
oring was with cole reference to the sale
OF oleomargar inc for butter that he was
amazed that any Senator could ques-
ton it.
Mr.. Teller asked Mr.. Spooner whether
he believed that with a tax of 10 cents a
pound on colored oleomargarine its manu-
facturers would cease to color it.
'I think they will cease to color it," Mr..
Spooner replied. They are proclain.ing
everywhere that if this bill is passed their
business is killed. No one can tell pre-
cisely whss the effect OF legislation will
(Ccaakaued on Third Page.)