Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-05-11
FINAL r / OF
IOWA STATUTE
Up to the State Supreme TT
Is Construe Law Relating
to Oleomargarine
QUESTION OF COLOR
THE
JUDGE Carr Holds That Statute When
Construed All Sections Together and
In Harmony, Means to Prohibit
Fraud by Use Of colorins Matter in
oleomarsarine to Initiate Butter.

Special to Times Republican.
Des Noines. May 11.-A final test Of
the Iowa statute in regard to the sale
of colored oleomargarine is now before
the Iowa supreme court. Altho the
statute has remained unchanged for
number Of years, and it is practically
operating now to prevent the sale OF
any large quantity of oleoanargarine in
the state, 1t has only at this time got
before the highest court to determine
how it shall be construed. State Dairy
Commissioners Wright bought Of the
Armour agent in Des Moines packages
of oleomargarine which were taken
and upon which the Armour Packing
Company was indicted and on trial con-
victed and fined for the illegal sale of
oleomargarine The arguments, as
presented to the supreme court yester-
day, show that the defendants rely on
q line Of argument little different
from that with which they have been
popularity credited. 1t Is not SO much
a question Of the color OF the product
as q question Of construction of a stat
ute. 1t is not by any means certain
that the construction placed on the
statute by Judge McHenry, in which he
virtually held that the thing prohibited
is the sale of oleomargarine Of a yell
low color. will be sustained by the SUI
preme court. The arguments presented
In opposition to this view are not to be
lightly considered.
Judge Carr. for the Armour company.
presented an exhaustive argument in
the case. He contended that the stat
ute should be construed with all sec
tions together and in harmony, that
when SO construed the thing which 1t
was meant to prohibit was fraud by
the use OF coloring matter in oleomar
garine for the purpose Of initiating the
color OF yellow butter. The in
dictment in this case was for
the sale OF oleomargarine Of a vel
low color. not Of the color Of yellow
butter. and not for coloring oleomar-
garine. II the contt nticn of the de-
fendant Is right, then the three sec
tions Of the statute referring to the
subject harmonize; If the contention of
the state is right. then all of one sec
tton and parts of others are superflu-
Gus and meaningless.
THE construction of the statute de-
sired by the state added Judge Carr
would. in effect, work an injustice on
class Of citizens engaged in an other
wise lawful and commendable occupa-
ton: and deprive citizens Of cheaper
and wholesome article of food, all In
the interest Of another. class whose nu-
mencal influence, In political contests,
is the incentive to such legislation.
While the law may be sought to be
justified upon the ground Of police
power and regulations to prevent
frauds, yet the truth can not well be
disguised. Such legislation prohibitive
In character CIR only be accounted for
upon the ground that the selfish inter-
ests of the dairy producers demand the
law. Is the dairy commissioner in the
prosecution prompted by the desire to
protect the consumer against decep-
tions and frauds. or is he prompted by
the desire to advance the interests of
the dairy producer by obtaining such
a construction of the law as will drive
from the markets of the state the
cheaper article which comes in direct
competition with the dairy products of
the state? Does not the law which
provides every possible safeguard
against deception and fraud In the
manufacture and shipment of oleomar-
garine meet all reasonable demands to
protect the unsuspecting public?"
Incidental to the argument. the de-
fense contends that the yellow oleo-
margarine now on the market is not
artificially colored. but that it con-
tains nothing but the necessary ingredi-
tents to make oleomargarine hence If
it's sale Is prohibited because of its
color 1t means that the makers must
color II unnaturally, or take out it's nat
ural color, before 1t'can be sold; when,
in fact, the legislature merely intended
that oleo should be sold in It's natural
color and not be artificially colored
In case aN other arguments fail it Is
also contended that the law is in vio-
la tion of the constitution in that it
compels an unnatural discrimination
between men and their work. The de-
fense admitted. however, that the SUI
preme court of the United States and
the courts In some states have held
constitutional statutes prohibiting the
sale of oleomargarine; but pointed out
that in each and every case the courts
were divided. The Iowa court IS not
bound to follow any of them. especially
in view OF this divided sentiment. The
case as presented by the defense,
representing the makers of oleomar-
garine generally, was much stronger
than had been anticipated.
Sarah Kuhn, the young woman serv-
ing a life sentence at the state pera-
tentiary for murder of her husband in
Keokuk county, has the record of being
the best and most faithful pupil In the
prison school. She was simple
minded and guileless country girl who
WAS induced to marry . cyaDpled ahoe-