Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-25
Supreme Court Declares 1t Is
Illegal to Use Palm Oil In
Making Oleo.
STOPS coLoRlNG THE PRODUCT
Case of Chicago Dealer Who Used
Palm Oil Decided Against Him, On
the Ground That 1t CoIors the Pro-
duct, Which Is Prohibited by Federal
Law.

Washington, Oct 25.-The oleomar-
sarine manufacturers received their.
final knockout blow yesterday when
Justice Brewer handed down the opin-
ion of the supreme court that the use
of palm oil in the making Of their pro-
duct was illegal.
This decision was reached In the
case Of August Cliff vs. the United
States, which was appealed from the
United States district court at Chi
cago. Cliff was accused of selling
oleomargarine, colored with palm oil,
1 his appeal being based upon the con-
| tention that that substance is a veg
| etable oil and therefore that it's use
! in the manufacture of oleo was sane
| toned by law, even though the re-
sultng product did have a yellow coll
or. This argument was emphatically
refuted by Justice Brewer affirming
the lower courts decision.
The courts opinion quotes at length
from the oleomargarine law and the
mitted that PLAIN oil is vegetable,
congress included in that term sub
stances used for coloring purposes.
The fact that one of the ingred-
tents of this compound is palm oil, "
continues the opinion, does not show
that such oil did anything else but
color the product composed OF other
ingredients and if it did substantially
only this it is rightfully styled an
artificial coloration."
1t is declared that any person who
claims exemption from the 10 cents a
pound tax upon oleomargine must
prove that this product is within the
provisions of the exception. Says the
opiIion, that exception is when oleo-
margarine is free from artificial col
Grafton, that causes it to look like but
ter of any shade of yellow. 1t
must be said that when any substance
although named as possible ingred-
lent, substantially serves only the func-
ton of eoloring the mass and so to
cause the product to look like butter
Of any shade of yellow it is an arti-
fetal coloration."
The courts opinion does not take up
the claim of the commissioner Of in
ternal revenue that he has authority to
specify the ingredients that shall con-
stitute cleo and the testimony offered
to substantiate that claim, but, says
Justice Brewer, upon the other tes-
timony the judge who tried the case
and whose decision must be considered
as equivalent to the verdict of jury,
could rightfully have found that this
package of oleomargarine was artific
tally colored by the simple means Of
palm oil used in it's manufacture.
"The verdict of jury is conclusive
upon question Of facts unless plainly
against the evidence. The same weight
as we have said must be given to the
finding Of a court, and upon the testi-
mony received without objection. A
finding that this palm oil served sub
stantially only to color the product
cannot be disturbed
The effect Of the decision will be to
prevent the coloring of pleomargarine
in any manner. Another effect, it is
stated, will be to quash claims against
the government for the collection of
the 10-cent tax upon oleo In which
palm oil was used. There are many
thousands of dollars of these claims in
volved in the suit Of W. J. Moxley &
Co. against the United States and other
similar cases.