Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-06-02
ARE,
MUCH PLEASED
Over Decision of United States
Supreme Court In Oleo-
margarine Case
THE QUESTION is UP in IOWA
State Supreme Court Expected to
Render Important Decision Next
Week - u Iowa Law is Sustained it
Will Put an End to oleomarsarine
Sales in This State.
,c,al to Times-Republican.

Special to Times Republican.
Des Moines. June 2.-There is great
ioy among the dairymen of Iowa and In
the state dairy department over the de-
cision OF the United States supreme
court at washington on Tuesday in the
matter Of the oleomargarine case. 1t IS
true that the courts had at various
times upheld the validity Of the oleo-
margarine law, but not before had the
highest court got at the essence OF the
question SO directly and SO compieteiy.
n Is believed by State Dairy Commis-
s;oner wright that the attitude OF the
United States supreme court VIII go iat
toward strengthening the state su-
nreme court. The Iowa court Is expece-
ed next week to render 'declsion osi
the Iowa law which involves mucn the
same principle as that decided by the
aconrt at washington. The CHIEF ques-
ton is whether or not the courts are "
consider the method Of getting Color
info oleomarearine or simply the color
81 the product when 1t Is put on the
market without any reference 20 tue
manner OF producing the color. Inc
oleomargarine makers are claiming l1a
that the yellow color about which there
has been so much complaint and which
makes 1t possible to sell oleo TO some
customers is produced in the necessary
and legitimate process OF making tne
product, and that there Is nothing put
in especially to make color. But the
highest court took the ground that II
MAS not 10 inquire into these processes:
but merely TO consider the question OF
color. This was the view taken by the
district court In this county, and II Is
the question which has gone to the
Iowa supreme court. There are some
other questions mixed in, but this is the
main one. One who will be especially
yratified at the decision in Washington
ts S. b. Shilling. Of Mason City. for
r,,erly president of the State Butter
makers Association. He has been one
OF the strongest OF the supporters OF
the National Dairy Union, formed BY
various state associations and by per-
sons interested in maintaining the but
ter market, and which has put up the
funds to fight the case which went to
Washington. This dairy union was or
ganized and Incorporated and raised a
fund to help along the work. One way.
OF raising money was by the sale Of
creamery patrons handbook. on which
there was a profit OF so cents each. to
go into the oleomargarine fund. Mr
Shilling and scores Of other enterprfs-s
ing Iowa dairymen have helped to hight
the federal case and will rejoice at the
final victory. II the Iowa court sus-
tains the Iowa law it will put an end
to oleomargarine sales in Iowa, for the
white. product can not be sold In compe-
tition with the yellow product and the
yellow product can not stand the 10
cents pound tax imposed.
The suggestion has been made thai
POSSIBLY Governor Mickey, Of Nebraska
will find excuse for refusing to allow
Dennison to be brought to Iowa for trial
in the fact that Governor Cummins has
turned down two OF his requisitlons
This is not likely. Governor Cumnin,
refused to recognize a requisition for
the return to Omaha of Mr.. Potts, OF
this city. who was wanted on an lnfor
nation accusing him of KIDNAPPING his
own child, who had been adopted by
another, or something of that sort. 1t
became evident as the governor inveS-
tigated the matter here. with much bet
ter chance to get at the facts than had
Governor Mickey. that the prosecutions
was not in good faith and all that was
wanted was to get the child back into
Nebraska. Governor Cummins wrote to
Governor Mickey letter fully explain
ing the case and the fact that evidence
was brought out here that could not
have been secured by the Nebraska ex-
ecutive. The other case was that of
Messrs. Banker and Carr, prominent
citizens of Clarke county. They were
accused OF forgery in Nebraska. The
evidence taken before Governor Cum
Minis showed conclusively that this was
a case like that of Mrs. Dye in that the
crime, If there was one was an inter-
state affair. and that it was not con
templated an extradition should issue
-
was made by the governor as he re-
fused to honor the requisition, which
made it plain that Cummins had no
right to order the men sent to Nebras-
ka. If they We're guilty Of any crime it
was in Iowa.
AS a matter Of fact there is much less
of the old feeling of Jealousy between
governors. Governor CumInins had
reauisition of his turned down in South
Dakota and another in Michigan. In
each case facts We're developed 9. the
other end Of the line which could nct
have been brought out here. This quite
happens, and the governors
OF states have come to understand this
matter perfectly, and never feel dis
turbed because of these apparent re
buffs. In former times. when there was
some feeling between northern and