Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-12
AGAINST THE ARAOURS
lacking Company Must Stand
Trial For Violation of But
ter Law
BUTTER DEFINED
Judge Howe Holds Sections oslo, 2,517
and 2,51s of the Code to Be consttu-
tional-case Will Come Up in the
Polk County District court-No Col
orins Matter.
IMITATION BUTTER DEFINED
special to Times Republican.

Special to Times Republican.
Des Moines, Nov. 12.-The Armour
Packing Company must stand trial in
the Polk county district court on a
|charge of violating the law which pro-
hibits the use of any substance to give
artificial butter the color of the genuine
yellow butter. Judge Howe yesterday
overruled the demurrer to the indict
ment filed by the company. He said;
THE demurrer to the indictment in
this case involves the construction of
sections 25l6, 25l7 and 251S of the code.
Section 2516 first defines imi eation
butter in these words:
Every article, substitute or COM
pound, save that produced from pure
milk or cream. from mich cows, made
In the seniblance of, or designed to be
used for and in the place of butter, Is
limitation butter 1t then provides;
No one shall manufacture, have in his
possession, offer to sell or sell, solicit or
take orders for delivery, ship, consign
or forward by any common carrier,
public or private, and no common car
rier shall knowingly receive or trans
port any such imitation butter, except
in the manner and subject to the regu
lations of this chapter
Section 2517 regulates the traffic in
substitute butter not having a yellew
color nor colored in imitation Of butter,
as prohibited in section 251S. Under
section 2517 the traffic in substitute for
butter not having a yellow color nor
colored in imitation of butter, is au
thorzed. providing the same be mark
ed Substitute for butter" as provided
in said section.
Section 251S provides: First that
mo one shall color with any matter
whatever. any substance intended as a
substitute for butter. so as to cause II
to resemble true dairy products" Sec
ond, that NO one shall combine any
animal fat, vegetable, oil or other sub
stance with butter" And third. thas
NO one snail combine with any sub
stance whatever, intended as substi-
tute for butter anything of any kind or
nature for the purpose or with the eff
feet of imparting to the compound the
color of yellow butter. the product Of
milk or cream from cows"
To use. solicit orders for delivery.
keep for sale or sell any such sub
stances. mentioned In the three pre-
ceding numbers. Is prohibited.
The use of salt. rennet or harmless
coloring matter in making butter from
milk or cream is expressly excepted
from the prohibition of the statute.
The indictabie offenses under these
Met tha frat Fr In
substitute for butter. not having
yellow color. nor colored in imita ion
of butter. without marking the same
Substitute for butter" as provided in
section 2.517. Second, coloring with any
matter whatever any substance IN
tended for butter. Third, combining
any animal fat, vegetable oil or oune:
substance with butter. Fourth. COM
bining with any substance whatever,
intended as substitute for butter,
anything OF any kind or nature. for the
purpose or with the effect of impartinE
to the compound the color of yellow
butter, the product Of the milk or
cream from cows
II the Indictment charges the de-
PENDANT as therein prohibited with any
one of these four acts. which by these
sections are made indictable, then 1t Is
good otherwise 1t is not.
The fourth subdivision above ses
forth. as i interpret 1t. prohibits. IN
making a substitute for butter the
combining of any substance with any
thing, or any kind or nature. for the
purpose or with the effect of inpardng
to the compound the color of yellow
butter. The statute also prohibits the
sale of such product, ana this, as UNI
derstand it. is what the indictment
charges. 1t may contain surplusagr,
hut, as / understand the law. 1T con-
tains all that is necessary to charge
an offense under the fourth subdivis-
ion above enumerated.
/ see no reason for believing that the
statute Is unconstitutional.