The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-06-07
HIGH COURT MAY DEAL
WITH THE 'OlE0' CASE

ST. Paul, June because ASsO-
ciate Justice Holt and P E. Brown
dissented from the majority opinion
of the supreme court declaring un-
constitutional the law passed at the
1911 session of legislature prohibit
| ing the coloring of oleomargarine to
resemble butter, there is possibili-
ty that the case may be appealed
to the United States supreme court.
The fact. that the state court divi-
ded to 2 on the question makes
it appear hopeful that a reversal
may be secured.
The majority opinion of the court
/ is that cleo in which only the OIL
extracted from beef fat is used is
not deleterious, and that for this
reason its sale cannot be prohibited
Justices P. f.. Brown and Holt dis
scented on the ground that the legis-
lature could not only prohibit the
colOring of it, but could stop it's
sale altogether, if it so desired.
Originally, oleomargarine was made
with hardly shade of yellow mat
ter, unless artificial coloring was
used. Then congress enacted a
law placing a higher tax on oleu
where the artificial cooring was
used.
Ingenuity of the manufacturer,
however, devised a scheme whereby
: the oleo might be made from nat
: ural oils extracted from beef fat,
and the dissenting Minnesota justi-
ces believe the intention of the
state legislature was to prohibit the
use of this process
"Cn1IrtS ol,oht not IN aoc,,cD Ioo;r
lature of an attempt to prohibit by
underhand indirection, when they
openly profess to regulate only"
dissenting opinion. Therefore, to
give meaning and effect to the mani
fest intentional of the act, the phrase
initiate butter of any shade or tint
of yellow must be construed as
equivalent to initiate yellow butter
with knowledge that the efforts
of the manufacturers to initiate the
yellow butter in the product with
out the addition of colors, but by
manipulating the process and in
gradients, had partially or wholly
succeeded. the inference is not
strained that the Legislature intend
ed to prohibit the sale of oleomar-
!, garine SO manufactured that a yell
low color was impaired to it from
!: whatever cause.
Should Be Wholesome.
! ut may be conceded that the
manufacture and sale of oleomar-
I garine should be restricted only to
insure its being wholesome and
nourishing, that free rein should be
given the manufacturer to produce
an imitation of butter that is per.
. feet to all its qualities, including
that which appeals to the eye: that
a substitute for butter, equally goou
!, which could be had at much
cheaper price would be a blessing
to the consumer in these times Of
!, high prices; that the poor consumer
who is not able to buy golden but
ter should not be compelled to ad
vertise his poverty to the guest OIL
neighbor who happens to drop in a
= meal time and sees some ordinary
oleomargarine on the table.
But these and other suggestions
!. of like kind, are all arguments prop
= erly addressed to the Legislators
who undoubtedly know that while
consumers desire to have the price
:. of such a necessary article as but
ter reduced by the manufacture and
: sale of cheaper substitutes, never
theless their taste rebels at eating
|, the latter. Nearly all of us want
the other fellow to eat the oleo-
;. margarine, while we eat butter.
Courts have no right to invalidate
or emasculate statutes because
deemed unwise or inexpedient.
hnt 1n In
, should be given effect"
Justice Holt noted in his opinion
;. that Justice p E.. Brown authorized
him to say he concurred in the dis
sent. SIS, 49,: