Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1903-01-26
DAIRY COMMISSIONER EMERY
ISSUES LETTER.
COMES UNDER STATE LAW
And That of United States Does Not
Protect Them from the State Pro-
hibition-Measure to Protect Farm
ers of Observation-Disclosures of
the Law.

J. @. Emery, state dairy and food
commissioner, yesterday mailed to the
hundreds of dealers in oleomargarine
in the state copies of a circular letter
warning them of the provisions that
govern in this state relative to the
sale of that product. He is carrying
on vigorous campaign to secure the
greatest possible degree of protection
to the farmers and dairying man in
Wisconsin that the laws of the state
will allow.
, Accompanying the letters are copies
of the law on the subject. The letter
is as follows:
"YOur attention is hereby called to
the dairy and food laws of Wisconsin,
a copy of which has been mailed to
you, which laws absolutely prohibit
the sale in Wisconsin OF oIeomarga-
rine or butterine colored in imitation
of yellow butter. See amendment of
1901 to Section 1900 of the statutes of
1898.
7 "Colored oIeomargarine or butter
inc, under the terms of the Wisconsin
law is oleomargarine or butterine that
is colored in imitation of yellow but
ter. Please notice that, unlike the
United States law, the term artificial
ly,' colored is not used. This ono
word artificial makes a vast differ
ence between the United States and
state laws on this subject.
Persons who sell in Wisconsin or
solicit orders for oleomargarine or
butterine, colored in imitation of vel
low butter, become violators of the
law of the state and for the first Of
Tense are subject to fine and for the
second offense to fine or imprison-
ment or 10th.
''The purpose of this circular letter
is to inform dealers or would-be deal
ers in Oleomargarine or butter in this
state as to laws of the state that alb
solutely prohibit the sale in Wiscon-
sin Of OleOmargarine or butterine col
Ored in imitation of yellow butter
and to caution them against being de-
luded by the agents of manufacturers
Of oleomargarine, butterine, etc., into
the belief that United States license
to sell uncolored oleOmargarine or
tutterine protects them from the OPP
Grafton of the law. Such statements,
by whOmsOever made, are absolutely
untrue. The United States supreme
court, in Plumley VS.. Mass, 155 U. S.,
461, by Justice Harlan, said:
1.-THE payment of any tax imposed
by the internal revenue laws for car
rying on any trade or business shall
not be held to exempt any person from
any penalty or punishment provided
by the laws of any state for carrying
on the same within such state or in
any manner to authorize the COM
mencement or continuance of such
trade or business contrary to the laws
Of such state
"UncOlOred OleOmargarine or but
ter1ne, within the meaning of the laws
Of Wisconsin, is oleomargarine or but
terine free from coloration or ingred-
lent that causes it to look like butter
'"The sale of uncOlored Oleomarga-
rine of such description is lawful and
legitimate. And as Oleomargarine of
such description is upon the Wiscon-
sin market and can be procured by
dealers, there can be no warrant or
excuse for dealing in an article whose
sale is unlawful, the penalty for
which, for the first offense, is a fine,
and, for the second offense is a fine
or imprisonment or both.
cit is believed THAT when dea 1orS
are correctly informed as to the true
state Of affairs, they will limit their
business transactions in oleOmarga-
rine, ETC., to lawful products. 1t is
made the duty of the Wisconsin dairy
and food commissioner to enforce the
dairy and food laws of the state, and
it is his purpose to enforce those laws
to the fullest extent possible, making
legal prosecutions, if necessary"