Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-25
Makers of Bogus Butter Are
Meeting With Many Dis
c0uragements In Iowa
STATE VIRTUALLY ABANDONED
Decision of Court That It is
Not Necessary to Prove Artificial
coIorins in Butterine, But Merely
That 1t is Yellow, AS Distinguished
From White, Makes Conviction Easy.
special to the rimes-Repub,ican.

Special to the Times Republican.
Des Moines, May 25.-Oleomargar-
Inc business in the state of Iowa is not
fiourishing as the makers of imita-
ton butter had hoped it would. Last
winter a depot for the distribution of
oleomargarine was established here by
the Armours, and an extensive line Of
advertising was commenced Two doz-
Ell houses here commenced to han
die the imitation product, it was put on.
in conspicuous places, handsome signs
were hung and everything was done
to allure persons to the trade. Agencies
were established in about forty
cities and towns of the state by the
Armours. by Swift, by Moxley, Of Chi
cago, and others. The revenue officers
issued 206 licenses to retail venders of
oleomargarine. About two-thirds of
these were in the southern revenue dis
trict. In Des Moines there are now
| tWenty-seVen licenses in force, and
twenty eight in avenport-Marsha hall
town is credited with three licenses In
most of the cities there is only one IL
cense. These licenses are for the right
to sell the uncolored product. In the
meantime II. r. Wright. state dairy
commissioners, was not idle. He caused
the indictment of the Armour company
for violation of the state law, in tina.
the product sold as uncolored, was in
fact yellow color and not white hence
was sold contrary to Iowa law, which
lis more restrictive than the federal
law. The attorneys for Armour said
that there We're desirous of pushing thu
case thru to the supreme court, that
the law in Iowa might be fully deter
mined. A conviction was had. The
Armours have now interporsed techni-
cal objections to the indictment in that
the name of the person to whom the
sale was made was not named, and for
this reason a few months delay will be
secured before the case gets to the su-
preme court; but Judge Given, formerly
chief justice of the state, before whom
the case was tried, has held uniformly
with the dairy commissioner on all
points, and there is very little doubt
that in the end the manufacturers will
have to abandon Iowa as a field for the
sale of oleo. The court holds that ii
is not necessary to prove that the but
terine has artificial coloring in It, or
that 1t has been colored, nor that 1t is
of the color of yellow butter, but merely
that it is of a yellow color as distin-
guished from white. This leaves con-
viction in the hands of any jury where
prosecution may be brought. Pend
ing the litigation the makers Of the
oleo have made an effort to get tn.
dairy commissioner to designate that
a certain brand of oleo they sell is not
yellow and thus virtually to forestall
any prosecution. He has refused to do
this. In fact he has indicated that he
reserves the right to commence prose-
cutions at any time and place and as
many of them as he desires. 1t is learn
ed, however that the makers of oleo-
margarine have virtually abandoned
Iowa as field, that they will not do
any more expensive advertising or So
liciting here; that they will not longer
back their retail agents in case of
prosecutions, and that in fact their
business has been falling off rapidly in
success here in Des Moines of the suits
brought by the state dairy commits
sioner. AT the same time the oleomar-
garine makers employed the best of le-
gal talent and fought the case hard
here. because they realized the success
of the Iowa law in putting stop To
the sale of their commercial product
will point the way to effective legisla-
tion in other states where the fight
against oleo has not been made sue
cessfully.
The papers in the habeas corpus case
from Anamosa wherein convict Frank
Davis, obtained release from the peni-
tertiary on the ground that his parole |
contract under which his previously |
good time" was forfeited when !
he was sent back to the penitentiary
have not yet reached the governor or
attorney general but they have been in
formed that preparations for the ap-
peal of the case are well under way.
The case was placed in the hands of
Ex-S Senator Ellison. Great interest at
taches to the case. The exact reasons
assigned for the decision are not yet |
known to those most interested, but
the court held that revoca-
ton Of the good time" was in the ma
ture of summary punishment and this
could not be inflicted without hear
ing in some regular way. Gov. Cum
minis has confidence the decision will
never be sustained by the supreme
court. and Ex- Chief Justice Kline is
confident the parole regula-
tons will be sustained in full by the
higher courts.
In decision of the supreme court
at this term. in the case of Germinder
VS.. the Machinery Mutual Insurance
of Waterloo, appealed from
Judge Bailie in the Pocahontas court,
the supreme court rather severely
scored the lower court for allowing
an improper line of defense. 1t was
an action on policy because OF the
burning of thrashing machine and
engine. A witness was allowed to
testify that the plaintiff had been ac-
,used of burning his own barn for the
insurance. and the supreme court points
out that this was very wrong. AT the
same time new evidence was found
after the trial throwing light on the