The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-20

OA0 A0SSAlOA 1ANO4NGQ All L1l6 Case. 1t
is here urged that the law is obnox-
ious to the provisions Of the fourteenth
amendment Of the constitution of the
United States, in that it denies to the
defendant herein the equal protection
OF the laws; in substance, because the
said act violates or attempts to vio-
late freedom of contract secured to all
citizens by both the constitution of
the state of North Dakota and the con
stitution of the United States. and
therefore deprives the defendant of its
property without due process of low.
To properly understand the nature
of this part of the controversy, it will
be necessary to recite some of the
facts as disclosed by the evidence.
about much Of which there is no dis
pute.
The defendant sold to E. F. Ladd
exhibit Al, which is a so-called three
pound pail of Armour's Shield Pure
Lard, upon which there appears a la
bel Is below described, and likewise
a circular label bearing the words,
met weight two pounds six ounces
for which he paid defendant the sum
OF IS cents.
1t further appeared from the evil
dence that at no place in the state of
North Dakota does the defendant COM
pany render or put in pals, cans,
t%ierces, or otherwise, any lard or any
substitute thereof, and the pail plain
tif's exhibit A, sold to the complain
ing witness, Professor Ladd, was not
put up In the state of North Dakota,
but, upon the other hand, was put UP
in Omaha, Neb. The defendant con-
pany has in the state Of North Da-
kota two branch houses to which its
products are shipped. and from these
branch houses, one of which is in
Fargo, their products are sold and
distributed throughout the state. The
pail of lard in question, plaintiffs ex-
hibit A, was sold to Professor Ladd in
the Office of the defendant company
at Fargo, N. D., for which he paid the
sum of 35 cents.
From he evidence it appears that
the defendant company distributes
from its plants, located in Chicago
Kansas City, Omaha, East st. Louis,
Fort Worth, and Sioux City, to North
Dakota, the several states Of the Unit
w 0h@SO@S oAAA ~ that AldEIST ONGI
the entire globe, its products put ur
are autographed upon the tin making
in cans bearing certain brands, which
are autographed upon the tin making
such receptacle or container as it is
sometimes called. The sizes and
brands are as follows:
(a) The Simon Pure brand in three
different containers, commonly known
as the three, five and ten-pound pals
When filed with lard, the entire pail
including lard, will weigh those
amounts respectively. The actua,
amount of lard in these several pals
is as follows:
In the BIB. PAIL lbs. 6 OF. Of lard
In the 5-lb. pail lbs. Q OF. of lard
In the 10-lb. jail-S lbs. 10 or. of lard
Autographed upon the pail appear!
the following: "Armour's Simon Pure
Leaf lard, open kettle, Armour 6
Co, u. S. inspected and passed under
the act of congress Of June 80, 1906
Establishment 2-A." Upon round stick.
err label, one and one-quarter inches
in diameter, and in a prominent pIac,
upon said pail, appears the net weigh
of the lard which the pail contains
which upon the small pail would two
pounds six ounces. The so-called ST.
mon Pure lard is the pure leaf lard.
OBJ The next brand is called tn,
Helmet, and is put out only in TIVE
containers, the largest being a fifty,
pound al and the next in size beinl
the twenty pound. The brands ar,
similar to those on the leaf lard, saw
L the narna hryE uvhink, a. a. rv,a~1y TIL
met instead of Simon Pure. The TWEEN,
ty-pound pail contains eighteen pounds
of lard. Upon each of these c~ontainer,
appears the label showing the ne
weight.
(c) The next brand is known al
Armour's Shield, put up in three, Ave
ten, twenty and fifty pound contain,
ers. and upon each of these contain.
ers appears the label similar to the ST,
mon Pure lard pals, except the differ,
emit name, Shield instead of Simon
Pure, and upon each one of them is (
label showing the net weight of TIL,
lard which these several pals contain
respectively. The n offered in evi
dence by the state was Of this lastly
named brand, and bore upon it's sur,
face, at a point two and three-quar
ter inches from the Autographed brand
a round label. one and one-quarte
inches in diameter, with words print,
ed thereon: met weight two pounds
six ounces 1t was explained in TIL,
evidence that this label is supposed
to be placed upon the can close to tn,
autographed label, but sometimes ii
the haste among the packers and work
men the label is put on farther ava.
from the autographed label than i
intended.
Id The defendant company ais,
puts up and sells a substance know
as Vegetole, which is a combination
of cotton seed oil and cleo stearine
The containers of the Vegetole, five II
number, are practically of the sam
size and dimensions as the Shiell
brand of lard, bearing a Iithographe'
label as follows: "Armour's Vegetol
shortening, made from oleo stearin
and selected cotton seed oil with veg
etable color. Armour & Co. II. s
inspected and passed under the &C
Of congress OF June 80, 1906. Estab
lishment 2-A,n and they contain TIL
same amount of the Vegetole per pal
measured in pounds and ounces, as d
the pals containing the Shield bran'
Of pure lard. Likewise there is place,
upon all articles sold in this form tn
circular label, which is placed upol
the can, denoting the true net weigh
OF the vegetole, expressed in pound
and ounces.
(e9 Another substance is put III
under the name of White Cloud, II
five different pals, all Of which ar
very nearly the size Of the pals con
tanning the Vegetole. The White Clou.
brand is as follows: "Armour's Whit
Cloud, composed only Of cotton seed d,
and oleo stearine. Armour 81 Co. L