Title: Quarterly report of the Pennsylvania Board of Agriculture, no. 26 Place of Publication: Harrisburg, Pa. Copyright Date: 1885 Master Negative Storage Number: MNS# PSt SNPaAg017.2 T; n .^.. Kj-'T. n- -> 'i Twenty-Sixth QUARTERLY REPORT OP THE PENNSYLVANIA Board of Agriculture, FOR January, February and March, 1885. II A R K I S 15 U R G : l.ANE IS. HART, STATE PRINTER. 1884. £(.50.873 W ►-1.-4^. *-7?--:'. r»'\j TWENTY-SIXTH- QUARTERLY REPORT OF THE (\ \J 1 1 llJ T PENNSYLVANIA BOARD OF AGRICULTURE, 1885. Members Ex-Officio— His Excellency Governor R. E. Pattison ; Hon. J. S. Africa, Secretary of Internal Affairs; Dr. E. E. Higbee, Superintendent of Public Instruc- tion; Hon. J. B. Niles, Auditor General; Dr. G. W. Atlierton, President Pennsyl- vania State College. Appointed by the Governor— Dr. John P. Edge, Downingtown, term expires, 1886; Col. James Young, Middletown, term expires, 1888; V. E. Piollet, Wysox, term expires 1887. Elected by County Agricultural. Societies. Adams, . . Armstrong, Beaver, Bedford, Berks, . . Blair. . . . Bradford, . Bucks, . . . Butler, Centre, . . Chester, . . Clinton, . . Columbia, . Crawford, (Cumberland, Dauphin, Delaware, . Erio, . . Indiana, . . Jefferson, . Juniata, . . Lackawanna, Lancaster, Lawrence, . Lebanon, . Lehigh, . . Luzerne, Lycoming, . Mercer, . . Montgomery, Montour, . , Northampton, Northumberland, Somerset, Schuylkill, . Sullivan, . . Susquehanna, . I. Garretson, . F. K. Patterson, . A. L. McKibben, . Jos. E. Noble, . J. G. Zerr J. D. Hicks, H. L. Scott, ... . . . . E. Heeder, . H. M. Wise, . E. W. Hale, Thos. J. Edge, Joel A. Herr, . Chandlee Eves, . M. W. Oliver, . C. H. MuUin, G. Hiester, . El wood Harvey, . J. C. Thornton, A. D. Sutton, . Jas. Mc('racken, Jr., . . . . . Prof. n. Wilson, . H. H. Colvin, . H. M. Engle . D. H. Wallace, * . C. H. Lantz, . J. P. Barnes, . John B. Smith, . D. H. Foresman, Robert McKee, • • • • • • • . M. D. li. Sechler, . Asher 1). Shimer, . W. C. Packer, . C. C. Mussel man, . J. 8. Keller, . L. B. Speaker, « . J. F. Butterfield, Term expires. Bigler, 1888 Freeport, 1886 Green Garden, 1887 Waterside 1886 Geiger's Mills, 1886 Tvrone, 1886 Towanda, 18S6 New Hope, 1887 Harmony, . 1888 Bellefonte 1888 West Chester 1887 Cedar Springs, 1887 Millville, 1888 Springboro', 1886 Mt. Holly Springs, . . 1888 Harrisburg, 1888 Chester, 1886 Avonia, 1886 Indiana, 1886 Frostburg 1887 Port Royal, 1888 Scranton, 1888 Marietta, 1886 New Castle, 1885 Lebanon, 1885 Allentown, 1887 Kingston, 1888 Williamsport, 1888 Mercer, ...... 1887 1885 Danville, 1886 Bethlehem, 1885 Sunbury 1888 Somerset, J 1886 Orwigsburg, .... 1887 Hill's Grove, 1888 Montrose, 188tf A v.* r> w/O, 2 Tioga, Quarterly Report i'^'S^^ J. W. Mather, Wellsboro' ^i^^^' Pinlip Frederick, Lewisburg! * w^.TV"'.' Kinry Davis, Sugar (irove. ^^^^^^-' • • :^>i;v M^oweii,; : ; ; : \1^^^^::: VnX ' »; ^ • Underwood, Lake Corno, ^^^^> W. S. Koland, York, Term expires. . 1886 . 1887 . 1886 . 1886 . 1887 . 1885 . 1886 OFFICIAL LIST. President. His Excellency R. E. Pattisou. Vice Presidents. D. H. Foresinaii. hlxecutive Committee. His Exc^y R. E. Pattison, N. F. Underwood. C. C Musselnian. J. P. Barnes. M. C, Beebe, D. Wilson, J. A. Ilerr, E. Reeder, G. Hiester, Dr. J. P. Edge, T. J. Edge, Cex officio.) Dr. J. P. Edge, G. Hiester, Advisory Committee. D. Wilson, Thomas J. Edge, (ex officio.) Secretary. Thornas J. Edge, Harrisburg. Potayvist. Thomas Meehan, Germantown. Pomologist. E. Satterthwait, Jenkintown. Chemist. Prof. W. H. Jordan, State College. Consulting Veterinary Surgeon. Prof. R. Shippen Huidekoper, University of Pennsylvania. Veterinary Surgeon. Dr. F. Bridge, West Philadelphia. Entomologist. Prof. W. A. liuckhout. State College. Microscopist and Ilygienist. Dr. H. Leffman, Pliiladelphia. Ornithologist. B. Harry Warren, West Chester. Meteorologist. J. L. Heacock, Quakertown. Fish Culturist. : Capt. M. P. Peirce, Philadelphia. Mineralogist. Prof. F. A. (ienth, University of Pennsylvania. Geologist. Prof. J. P. Lesley, State Geological Survey. Stenographer . Col. H. C. Demming, Harrisburg. Pen.nsylvanlv Board of Agricultubf.. CONDEi^SED PROGRAMME OF THE ANI^UAL MEETING. [Held at Harrisburg, commencing Wednesday, January 28, 1885.J ORI>ER OP BUSINESS. Call to order at 2.30, p. m. 1. Roll-call of members. 2. Appointment of committee on creden- tials. 3. Reception of credentials of members. 4. Re(;e{)tion ol" credentials of delegates. 5. Election of ofiicers of 1885. Adjournment at 5.30, p. m. 6. Redding minutes of the previous meet- ing. 7. Reports of standing committee*i. 8. Reports of s[)ecial conunittees. 9. Unrmished business. 10. New business. The Oleomargarine Law, and Reasons for its Passage. By Edward Brinton, Of West Chester, Pa. Tiie reports of the standing committees will include that of llie conunittee on dairy ])ro(lucts, who will comuuinicate the result of careful tests of forty sam{)lesof butter, collected at random, (mainlyin Philadelphia;) the simecommittee will present three bills to regulate tiie manufacture and sale of imitation butter and cheese, and their re- port will bring up tiie (juestion of imitation dairy products in such a form that the J^oard may act linally upon it. The rejxjrts of the standing anorts of the conunittees, and it isex})ected tiiat the session will disprks, Scott of Bradford, Ueeder of Bucks' Hale of (\Mitre, Herr of Clinton, McCracken of Jefferson, Engle of Lan- castiT, J5arnes of Lehigh, Smith of Luzerne, McKee of Mercer Sechler of Montour, Musselraan of Somerset, Keller of Schuvlkill, Frederick of Union Beebe of Venango, McDowell of Washington, Underwood of Wavne Ro- land of York, and Secretary. ' The chair named Messrs. Beebe, Boeder, Herr, McCracken, and Enole a committee to receive and report on the credentials of members and dele- gates. After a recess of twenty minutes, the Committee on Credentials by Mr Hekbe, chairman, reported that Messrs. Eves of Columbia, Garretson of Adams loresman of Lycoming, Wilson of Juniata, Hiester of Dauphin femith of Luzerne, and Mullen of Cumberland had presented proper crrden-' tials shovving reelection for the term of three years, and that Henrv H. Wise of Butler and If. II. Colvin of Lackawanna presented credentials showing their right to represent their respective counties for the ensuino- three years. The Secretary reported that L B. Speaker had sent him oro": per credentials as a member from Hutler. The committee further reported that the following delegates were pre- sent with proper credentials from their respective societies • Farmers' Pro tective Association of Philadelphia, E. Satterthwait, S. H. R Rowland W C ilnwkms, E. Brinton, W. Sterling, J. Wilson, S. Davis, W. Rhonds, J.' 1 reston Ihomas; Chester County Agricultural Society, W. P. lla/ard A. Sharpless, J. Cheston Morris, E. Brinton, T. J. Edge^; Oxford Ajrricul- tura Society, (Chester county,) D.H.Branson; Soleburv Farmers' Club L Ely, J. Roberts, W. Kenderdine ; Chadd's Ford Farmers' Club Dr j' Cheston Morris H. Darlington, W. P. Hazard, E. Brinton ; Glenbury F.nrT ^l^V' ^^ f ' '^- ^V^Tr''^^"^^^ '• ''• ^^'^'^^''^-P; FuUon Grange ^o. 6f), T Stubbs; Pleasant Valley Partners' Club, John Hoffa ; JNiiladel- phiaGi-angeXo. 645, J. B. Kirkbridge, G. Hart ; Pennsylvania State Dairy- men s Association, A. M. Fuller and W. P. Hazard. * The same committee reported thut a certilicate had been presented show- ing the election of W. L. Arclier to represent the Bur-ettstown Agricul- tural Society of Washington county, but that, on account of an inforniMlitv they (in the absence of Mr. Archer) recommend that it belaid over for the present. • An election for ofTicers having been ordered, the chnir named Messrs Mul- len and Scott as tellers, when Messrs. Musselmen of Sumerset, Foresman of Lycoming, and Barnes of Lehigh were nominated for the position of Pennsylvania Board ov Agriculture. 5 vice president. There being but one nomination for each position, the chair, on motion, cast the ballot of the meeting for the three nominees, who were accordinglv declared elected. Messrs. Beebe of Venango, Wilson of Juniata, Reeder of Bucks, Herr of Clinton, Roland of York, McDowell of Washington, Underwood of Wayne, Hiester of Dauphin, Engle of Lancaster, and Dr. Edge of Chester were nominated as members of the Executive Committee. A ballot having been taken, the tellers announced that Messrs. Beebe, Wilson, Reeder, Herr, Un- derwood, Hiester, and Dr. J. P. Edge were elected. Thomas J. Edge was then nominated for the position of secretary, and there being but one nomination, the chair was directed to cast the ballot of the meeting for the nominee, who was accordingly declared elected. Mr. Reeder of Bucks, as chairman, then presented a partial report of the standing Committee on the Dairy and Dairy Products, when Dr. J. Cheston Morris, on behalf of the Social Science Association of Philadelphia, pre- sented a draft of an act prepared by that association entithd '' An act to prevent the tratlic in adulterated, impure, and unwholesome milk, and to regulate the sale of milk." After a full explanation of the provisions of the act bv Dr. J. C. Morris, its various sections were discussed by Messrs. Abbott, McKibben, Morris, Reeder, Piollet, IMcDowell, Norlhrui), Dr. Edge, Beebe, Feirce. and Secretary. At the close of the discussion. Dr. J. P. Edge of Chester offered the following, which was seconded by Colonel Piollet of Bradford, and unani- mously adopted: '' Beaolved, That, after hearing read the full text of an act prepared by The Social Science Association of Philadelphia entitled ' An act to prevent traffic in adulterated, impure, and unwholesome milk and to regulate the sale of milk,' and having heard it explained by the delegates of the said as- sociation, this Board hereby expresses itself in hearty accord with the ef- fort which seeks to secure to producers and consumers of milk and of con- densed milk, freedom from the injurious effectsof adulteration, and we hereby commend the subject to the consideration of the Legislature." After acting upon miscellaneous business, on motion adjourned. Thursday morning, January 29, 1885. , Board called to order at half past eight, a. m., by Hon. R. E. I^attison in the (*hair On behalf of the Executive Committee, the Secretary reported that the committee had nominated the following committee and honorary officers, viz: Advisory committee, Messrs. Dr. Edge, Wilson, Hiester, and the Sec- retary of the Board (ex officio;) and as "honorary officers and members. Botanist, Thomas Meehan, Cermantown; Pomologist, E. Satterthwait, J en- kintown; Chemist, Prof W. H. Jordan, State college; Consulting Veteri- nary Surgeon, Prof. Rush Shipi)en Huldekoper,University of Pennsylvania; Veterinary Surgeon, Dr. F. Bridge, Y. S., West Philadelphia; Microscopist and llygienist. Dr. H. Leffmann, Philadelphia; Ornithologist, B. Harry Warren Smithsonian Institute; Meteorolocrist, J. L. Heacock, (.^uakertown; Fish-cuUurist, Captain M. P. Peirce, Philadelphia; Mineralogist Prof. F. A.Genth, University of l*ennsylvnnia : (Geologist, Prof. J. V. Lesley, State Geologist; Stenographer, Col. 11. C. Hemming, llarrisburg. After discussion, the subject of district meetings was indefinitely post- ' The Committee on Legislation, through Mr. Beebe, chairman, presented 6 Quarterly Report. a draft of an act relating to the fence laws of the State, which, after dis- cussion, section by section, was indorsed by the Board. Dr. J. P. p]i)GE offered the following, which, after discussion, was unani- mously adopted: '^ llesolved, As the deliberate sentiment of this Board, that the rapid re- duction of the timber area of this State calls for the enactment of some ef- ficient legislation to check the wanton destruction of our forests and for the promotion of the growth of tiinluT under the direct oversight of the State, and that, as a preliminary measure to secure this end, we hereby urge on the present Legislature the passage of an act which shall give the Ex- ecutive of the State authority to appoint a commission on forestry, with full })ower to consider the whole question as it relates to the best interests of the Commonwealth, and with a view to recommending such legislation as may secure the same.'' The Secretary was directed to furnish each mem- ber of the Legislature with a copy of the resolution properly certified, and the Committee on Legislation were directed to prepare a proper bill to secure the proposed end. Henry 4^\LMER,of Chester county, offered the following, which, after con- sideration and discussion, was referred to His Excelkncy the Governor and his special agent, the Secretary of the Board, for action: ^^ Rei^olved^ That the Secretary of the Board of Agriculture be requested to prepare and present to the Legislature an act supplemental to the present act for the suppression of contagious pleuro-pneumonia.which shall strengthen the methods of the present law and more effectively stamp out the disease." On motion of Mr. Keller, the Board proceeded to name a place for hold- ing the next meeting, when Mr. Engle presented an invitation from the Lan- caster County Agricultureal Society to hold it at Lancaster, Mr. Piollet and Mr. Scott one from the Bradford County Agricultural Society asking that it be held at Towanda, Mr. Smith one from the Luzerne County Society for Wilkes-Barre, Mr, Northrup one from the Lackawanna County Society to hold it at Scranton, Mr. Eves one from the Columbia County Society to hold it at Bloomsburg, and Mr. Hals one from the Centre County Agri- cultural Society to hold the spring meeting at Bellefonte. After a full dis- cussion of the mirits of the various places named, a ballot was taken, re- sultiuix in the choice of Towanda. On motion, the time at which the meet- ing should be held was lett to the Advisory Committee and resident mem- bers. On motion of Mr. Smith, seconded by Mr. Herr, the report of the dairy committee was then read and considered. On motion of the Secretary, an essay on " The Oleomargarine Law, and Tleasons for its Passage," was read by Edward Brinton, of West Chester, and was followed by the reading of a proposed act to prevent the manu- facture and sale of imitation butter and cheese, by the same author. After the reading of the three proposed acts, as submitted by the committee, the subject was declared by the chair to be open for discussion. After a full discussion of the topic by Messrs. Satterthwait, Carter, Curtis, l^ranson, McCracken, Beebe, Piollet, and Musselman. Mr. Carter read the following from the Creamery Mutual Aid Association of Chester and fiancaster conn ties : " To the Pennsylvania Board of Agriculture : '^ At a late meeting of the Creamery Mutual Aid Association of Chester and Lancaster counties, a committee, consisting of J. I. Carter, Edward Brinton, and Josei)h H. Brosius, was appointed to present to your Tk)ard the views of the Association on the subject of the manufacture and sale of Pennsylvania Board of Agriculture. t . • butterine, suine, and other imitation butters. We beg to say that the dairy interest is one of the most important in our Commonwealth. U aives employment to a large number of people of different abilities and ^ conditions. * It is a necessary branch of that mixed husbandry so essential to the permanent prosperity of our agricultural population. 1 his dairy in- terest is now subjected to oppressive competition with imitation or bogus butter This competition is an illegitimate one, because the whole business of the manufacture and sale of these l)Ogus goods is deceptive and fraudu- lent Every process in its manufacture is intended to make it a deceptive imitation of butter. It is not sold upon its own merits, but is put upon a credulous public for something which it is not. The healthfulness of these goods is also doubtful. Unrendered hog fat might easily transmit disease, trichinosis included. Its use as butter is not appetiziuo: to think ot. '' For the foregoing reasons, and others equally cogent, our Association resolved that stringent legislatiou is needed on this subject; that re- strictive or controllincr legislation has hitherto proved unavailing. ^ It is in vain to attempt to regulate such an evil by restrictive laws, as it is to at- tempt the same with burglary or arson. Strict prohibition is the only safe- guard. . ^ ,, . I "We therefore, ask your Board, as the representatives of the agricul- tural interests of this Commonwealth, to take speedy measures to secure the passage of a law prohibitinsf the manufacture and sale of oleomarga- rine, butterine, suine, and other imitation butters, within the limits of our Commonwealth." ,, ^ / i • \ On behalf of the Committee on Dairy Products, Mv. Reeder (chairman) read the drafts of acts as prepared by that committee, and also the tuU text of one presented by Edward Brinton, of West Chester, Pa. After a full explanation of the merits of all the bills, and a further ^liscussion of the subject in general terms by Messrs. Branson, Morris, McCracken, Beebe, Piollet, Musselman, Abbott, Carter, Wilson, Hale, Doctor Edge, and the Secretary, Mr. Beebe, of Venango, offered the following, which was unanimously* adopted as the opinion of the Board: - Resolmd, That it is the sense of the State Board ot Agriculture that to prevent deception in dairy products and for the preservation of the pub- lic health, the manufacture and sale of oleomargarine, butterine, suine, and other like products, should be entirely prohibited within this Conunon- wealth, and the General Assembly are hereby requested to enact legislation necessary to that end." a *. \ The Secretary then offered the following, which was also adopted : ^^ Resolved, That of the five bills read, the one presented by Edward P,rinton, of West Chester, Pennsylvania, seems best calculated to produce the desired results with the least machinery, and that, therefore the com- mittee be requested to present it to the Legislature with the indorsement of this Board." . , ,, t> v. t^y- ^« On motion of Mr. Hazard, the chair appomted Messrs. Beebe, Oliver, McCracken, and the Secretary a committee to represent the Board at the ensu^'ng meeting of the SUxte Dairymen's Association at Meadville. On motion of Mr. Eves, Mr. M((^racken, of Jeff^erson, then read an essay on ^' Farmers' Homes.'* After a full discussion of the sul)ject-matter of the essay, on motion, adjourned until 2.30, P. M. Thursday afternoOiN, January 29, 1885. Board called to order at 2.B0, i>. m., by Hon. K. L. . attison in the chair. On behalf of the special committee on roads, C. C. Mussulman, ot Som- 8 Quarterly Report. • erset, presented a draft of an act providing a general road law tor the State. After a general discussion by Messrs. Satterthwait, Musselraan, Beehe, Bull, Fuller, McDowell, McCracken, Atherton, Barnes, Smith, and others, Mr. Beebe offered a resolution providing for an amendment, which was accepted hy Mr. Musselman and incorporated in the bill. Mr. Ather- ton then offered the following, which was unanimously adopted : *' liesolmd, That this l^oard approve of the provisions of the bill read by C. M. Musselman, of Somerset, and recommend its adoption by the Legislature with the amendment presented by M. C. Beebe, of Venango." On motion, lion. C. C. Musselman then read an essay on ''Farmers' Daughters," which was then discussed by tliose present. A communication having been received from the Senate Committee on Judiciary General requesting that the Board would appoint a committee to appear before that committee at a meeting to be held February 18 to consider the anti-discrimination freight bill, the chair named Messrs. Hiester, Dr. Edge, Piollet, Roland, and Eves as members of the committee! On motion of Mr. TIiester, of Dauphin, J. Horace McFarland then read an essay on '' Flowers for Country Homes," which was ordered to be in- corporated in the printed proceedings of the meeting. Mr. W. P. Hazard then read an essay on " The Claims of the Guernseys as the Best Dairy Breed," the subject-matter of which was fully discussed by Messrs. ^'oung, Piollet, Keller, Hazard, Carter, and Secretary, after which the Board adjourned to meet at 8, p. xM. Thursday evening, January 29, 1885. Board called to order at 8, p. m., by Dr. J. P. Barnes, Vice President, in the chair. In accordance with the printed programme, an essay on ^' How to Keep Farmers' Boys on the Farm," by the Secretary, was read and discussed by Messrs. McDowell, Garretson, Branson, Herr, Smith, and the Secretary. On motion of Mr. Wilson, John 1. Carter read an essay in answer to the question *' How to Make Farming more Profitable," the subject-matter of which was discussed by Messrs. Keller, Engle, Garretson, T^ranson, Beebe and Carter. ' Dr. J. P. Edge then read an essay on *' Profanity among Farmers," which called out discussion by Messrs. Piollet, McDowell, Herr, Wise, and Beebe. After answering such (piestions as were sent to the Secretary, the Board adjourned to meet at Towanda at the call of the Advisory Committee. REPOT?TS, ESSAYS, A^D DISCUSSIONS OF THE ANNUAL MEETING, COMPILED AND AK- KANGED BY THE SECRETARY. Report of the Committer on Dairy Products. The President ((iovernor Pattison) having called for the reports of standing committees, Eastburn Reeder, chairman of the Committee on the Dairy and Dairy Products, presented the following: *'At the autumn meeting of the State Board of Agriculture, held at Bed- ford, the Committee on I)air3 Products submitted drafts of two ])i!ls for Pennsylvania Board of Agriculture. the protection of dairymen, which were read, and after hearing the Hon. W. P. Richardson, of Orange county, New York, in explanation of the New York law, the further consideration of the subject was postponed until the annual meeting. One of these proposed laws was pyohihitory in its character, and in its main features resembled the New York law ; the other was regulatory in its nature, requiring the manufacturer and seller of imitation dairy goods to brand and sell their products under their true name and with an analysis of tlieir composition, as is now required by the law regulating the manufacture and sale of commercial fertilizers. Since the last meeting tection from our Legislature. The present law exists only as a mocker V tc- our law breakers and makers, for it is well known that there are sold weekly in our State hundreds of thousands of i)Oun(ls of milk and tallow, of lard and butter, of oil and acids, called genuine butter, sold for genuine butter, and the i)rice of genuine butter charged for it, while the victimized consumer has no opportunity to discover the fraud i)racticed u{)on him, and the producer of real butter is forced to come in direct com- petition with this cheap bogus stutf. It is wry doubtful if it is generally known to what enormous propertions the sale of " oleo " and '• suine " has reached. It is sold openly and above hoard in every hamlet, borough, and city of this State, and at least ninety-nine })er cent, is sold for genuine but- ter. Careful investiiration has shown that nearly half the butter consumed in all our large cities is adulterated Its manufacture has been so perfected that chemical analysis is often necessar}^ to determine the real from the bogus ; especially is this the case with suine. That the great deception of imitation dairy products has depressed the markets and materially lessens the income of the dairy farmer is too self-evident to require argument. It is sufllcient to call your attention to the fact that each mid-winter finds our butter markets dull and overstocked, with declining prices, which is the re- verse of past years. The prices paid farmers at the creameries for their milk has been declining at the rate of half a cent per quart each year, for the last two years. The oleo manufacturers are shar}) and unscrupulous; they work together with one sole object: to accumulate money by sharp practices and at the expense of the hard-working farmer. Restricting laws to protect the i)roducer and consumer of butter against fraud and decep- tion have been passed in a number of States; so far, they have utterly failed in every case. I state, with entire confidence in its correctness, that there is not a member of this Board, nor of the Legislature of this State, but will admit that something should be done at once to remedy this evil. If the most stringent restricting laws that learned legislators and constitu- tional lawyers could devise have proved utterly inefifective, then there is but one course to pursue : prohibit^hy legislation, the manufacture and sale of imitation butter and cheese within the State. With this object at heart, I have forwarded to Mr. Eastburn Reeder, the chairman of your committee on dairy products, the draft of a proposed law which I hoi)e he will see fit to bring to your notice in his report. It differs but little from the New York law, except that it does not require the appointment of a commis- sioner to enforce its provisions, as it seems that would not be constitutional in Pennsylvania. It merely provides that it shall be enforced by the well-known civil and criminal proceedings before justices and aldermen and in our county courts. Perhaps some more effective way can be devised, but it would be well to bear in mind that there are in this State a number of well-organized and strong associations of farmers, dairymen, creamery men, and butter dealers, all anxious to see bogus butter eradicated root and branch. Adopt a pro- hibitory law, and there is little doubt that ample ways and means can be found to enforce it. Missouri has a prohibitory law, without any special officers for its enforcement. It has been decided constitutional, and they are enforcing it with a vim. I clipped the following extract from the Mis- fiouri Republican of January 15, 1885: '' The original law, as passed by the Missouri Legislature, is as follows; 'Section I. Whoever manufactures out of any oleaginous substance or compound of the same, other than that pro- duced from unadulterated milk or cream from the same, any article de- signed to take the place of butter or cheese produced from pure unadul- terated milk or cream from the. same, or shall sell, or offer for sale, the same as an article of food, shall, on conviction thereof, be fined not exceeding one thousand dollars, or confined in the county jail not exceeding one year, or both.'" This law has been tested in numerous instances, and has been passed upon by the Supreme Court of the State of Missouri, and by the United States circuit court in Kansas City. In the case of the State of Missouri us. Fairbanks, conviction was se- cured before Judge Cady, of the court of criminal correction. The decision was sustained by the court of appeals and by the Supreme Court of the 2 18 Quarterly Report. I State. It was then taken to the United States Supreme Court. In the meantime, however, Justice iMiller, of the United States Supreme Court, sittin in the streets, such as dead dogs, and got the fat and supplied the establishment with it. I su])pose the fellow, if interroo-ated about it, would deny it, because it would be against his in- terests to admit it; but 1 have the very best reason to believe, from what •he told me, that he did this. Now, it may be that even a chemist might not be able to detect this stuff after it has gone through a process with nitric acid, or whatever they use—even a chemist might not be able to de- tect anythino- unwholesome or deleterious in it after it has gone through the process i't is subjected to. But I do not believe that such stuff as that can be wholesome food for human beings. Now, if this be so, where is the objection to making a law prohibiting its manufacture ? I am a plain farmer, I am not a lawver, and I presume it would be presumptions for me to give an opinion, but I have searched through the Constitution and I am sure there is nothing, and there never was intended to be anything, in the Con- stitution to prohibit the people of this Commonwealth from protecting themselves against such a thing as this. The objection has been raised, and that is the great point, of the diliiculty of carrying out the provisions of such a law. They say that in many cases pure butter is imitated by i)utting such a large quantitv of butter into the article that it is almost im- possible for even a chemist to detect the difference. I do not think there would be any ditliculty in the matter if we had the right kind of a law with a sufficient penalty attached for its enforcement. We would begin in this way : The article is always manufactured on a large scale ; it cannot be con- ducted profitably any other way, and there would be no ditliculty in reach- ing the large establishments where it is made openly ; they could not con- ceal it; there would be no trouble in reaching them and convicting them. That would be one great step. Then we would begin with the fourteen cent stuff; there is no butter in it, and there would be no trouble in detect- iu''- it and reaching the offenders— the evidence would be sutlicient to satisfy a jury, I think, as to that material. Beginning that way by making the penalty sufficiently great, I do not think there would be any difiiculty in enforcing such a law. I will not take u]) the time of the Board in longer discussion of this question. I thought it was right that I should say as much as I have just to let the Board know what is the feeling of our peo- pie on this subject, and that we are all in favor of a prohibitory law. Mr. CAUTER,*of (Uiester. I occupy almost the same position as the gentle- man from Montgomery (Mr. Satterthwait) who has just spoken. I repre- sent an association of creamery men in Chester and Lancaster counties ; they appointed, at a late meeting, a committee to represent their views be- fore this organization ; they appear here without credentials, of course, but at the same time, they send some resolutions here for your consider- ation which are favorable to a prohibitory law, and nsk for your assistance 11 Quarterly Report. in procuring the passage of such a law. [See resolutions as embodied in the minutes of the meeting.] Mr. BEEBE,of Venango. In offering the resolution which I did in relation to this matter, it was with a view to expedite business in the first place, in order that the association might determine whether it was in favor of restrictive or prohibitory legislation. I embodied in the language of that resolution my idea why prohibitory legislation should be enacted. The words used are, *' To prevent deception in the manufacture and sale of dairy products, and for the preservation of the public health." That which is made and sold as a fraud, in order to make a market for it, is, beyond doubt, a subject for appropriate legislation. If it be true, as I have been informed by those who profess to know, tiiat this material is manufactured out of vast masses of a kind of stuff which we would revolt to know we were eating, and which is deleterious to public health, I apprehend that there can be no doubt but some necessary legislation ought to be enacted. I should not like to repeat here the statements that were made to me while going to the West as to the materials and the methods — the criminal methods — that 2:0 to make up the manufacture of the oleomagarine that is put upon the market and sold. That the Legislature of the State of Pennsylvania has the power to enact, and that we have the right to ask that it will prevent deception in the manufacture of imitative products so vastly useful as dairy products, by the passage of a suitable law, and that it wdl protect the public health, cannot be questioned. Taking this view of it, I have offered this resolution from that standpoint, believing it not only right, but strictly legal. As one of the Constitution-makers of Pennsylvania, as a humble representative of that convention, 1 was not aware that we were disenabling (if I may be al- lowed to use the term) the peoi)le of Pennsylvania from preserving the public health. I still think that the public sentiment of Pennsylvania, ex- pressed in legislative enactment, can easily devise some method for the pro- tection of the people from the deleterious effects of the manufacture and sale of this article. I do not think that the State Board of Agriculture need necessarilj^ perfect an act, from a legal standpoint, that the Legislature shall take and pass. Our legislators are not of that class. They would feel it an encroachment upon their si)ecial ])rerogative if this Board were to proceed and frame an act and ask for its passage as framed. In offering this resolution as expressive of the sense of the Board, the parties interested can, through their rei)resentatives, offer such legislation as they may deem best. I would not like to be dictatorial and say to the Legislature that our wisdom had devised legally and judicially that act which they are now called upon to pass. So lliat if we determine our sense in the matter, if we make known our position, it is not necessary to waste our time in details as to the manner of legislation. Mr. PiOLLET, of Bradford. There is a thought which I wish to throw out for the consideration of that class of people who rather condone this offense against the ])ublic health and morality of the State by showing the great risk to which they make themselves liable in permitting this constant effort to produce something that has the similitude of butter. Now, I trust that when you come to my part of the country, I shall be able to take you to a dairy, not an expensive one, but a cleanly one. The whole study and effort of the farmers of my county have been to make pure butter out of pure milk, to have their dairy cows have pure water and pure grass. The ex- cellence of our butter — for Bradford county butter is known — comes from that. Now, there would not be any difliculty in adding twenty per cent, of suine to my butter, and it is not likely that it would be detected. But we run the risk of forcin<^ the farmers of this State into a general system of Pennsylvania Board of Agriculture. 23r adulteration in order to compete with this stuff that is put upon the market. That is a question for the consideration of gentlemen who rather condone this thing than otherwise, llie idea of eating such stuff as has been pro- duced here [alluding to samples of oleomargarine on table] is as offensive and as loathing as anything could well be. The idea of taking lard from the hog, of tallow from the paunch of a steer, or of melting ui) an old cow and making a lot of grease, and then deodorizing and fixing it up, and forcing it upon the public, that sort of deception is horrible. It is an offense against the public morality as well as against the health of the State, and ought to be prohibited. I am delighted to see such a unanimous expression of opinion against it, for I supposed that manufacturers were going to bring in their representative sand I was fixing to give them a welcome. [Laughter.] I repeat that I wish to invite the attention of the mass of our people, and of those who are careless in their ideas and are rather disposed to condone this matter, that they run the risk of a wholesale adulteration of one of the most valuable articles of human food We do not produce much more but- ter than is required for the consumption of our own people. The export is only about four per cent, of the product, and the natural disposition of our dairy people to deal in the manufacture of a i)ure and cleanly article must not be interfered with by adulteration, which will compel them, in order to save themselves, to go "into that wholesale adulteration. The gen- tleman who buys butter in Chester county and gives eighty cents a pound for-it, may think he is all right, but he js not safe. I am glad to see that we are going to have a unanimous vote recommending to the Legislature the passage of a prohibitory law. I attended the last meetin^^ of the New York Dairymen's Association. Mr. Brown (the New York State Com- missioner)^was there, by invitation, and gave, in detail, a statement of the efforts that he had becm making, f lis judgment, as expressed, was that nothing short of a prohibitory law would protect the public against this bogus stuff. The farmers give enough towards the support of the Govern- ment of Pennsvlvania to entitle them to the right of asking for legislation which shall protect them. Why, you protect the banker against the coun- terfeiting of his bills, you protect the manufacturer in his trade-mark by processes that are effective. Now, paying as we do, seventy-five per cent, of the cost for the administration of justice, and all the machinery of this Government of ours, why shall we not ask to be protected against counter- feiters? The Government of the United States doesn't allow the making of counterfeit money. It annihilates everything that is used for that purpose, and I think our police power in this State ought to be brought into full force and effect to destroy any attempt to injure the many deserving people who are engaged in the making of butter and cheese, and in producing milk for the many beneficent purposes to which it is put. Mr. MussELMAN, of Somerset. I can say, like the gentleman across the way, that I represent a county (Somerset) that don't amount to much. Yet,' we make the celebrated Glade butter. I am a farmer, and came here for the i)urpose of taking a conservative stand upon this question. My idea was that, perhaps, we had best have the article sell upon its merits— that it be labeled as such, and no more. But, since the preponderance of opinion— the unanimous opinion— of the Board is the other way, I tlunk the best thing we can do— for I do not want to be captious— is to pass this resolution. Mr. FoRESMAN, of Lycoming. The whole sense of this meeting, as I un- derstand it, is that we want a prohibitory law in regard to the manufacture of this stuff, as it is called, and I think, if the same testimony is given be- fore the Legislative committee that has been given here, there will be no 24 QUARTERLR RePORT. question but the Legislature of this State will take notice of it. The only question that seems to arise is the Constitutional question. Let that be decided by the Legislature. We are not here for the purpose of passinir the aw Itself. We are here for the purpose of saying to the Legislature ot this State that we recommend that the manufacture of this stuff after what we have heard here, be abolislied. I do not see any need of our at- tempting to prepare a bill here. Let the persons who are interested in this matter, more particularly the people near Philadelphia, prepare a bill and use such efforts for its passage as tiiey desire, and that the members of tins Board be requested to use their iutluence with members of the Leo-is- lature to support such a bill as those who are most interested in it desTre and to see that it is passed. ' T. J. Edgk (Secretary of the Board.) Mr. President, it has seemed to me that during much of the discussion now taking place with reference to the merits and demerits of prohibitory legislation as it relates to the manufac- tiire and .ale of imitation butter and cheese, a strong point in the aflirmative has been almost entirely neglected. We have been told of the effect which these goods have had upon the price of legitimate dairy products • that they have materially injured the business of dairying; that butter is now ten to fifteen cents per pound lower than it would have been if imitation goods had not been introduced; that if not prevented, this manufacture will sooner or later inflict still greater injury ; in fact, that to use the words ot one of the ^ew York Senate committee, ^^ the living cow cannot com- pete with the dead hog." These all may be, and no doubt are; facts, but they (lo not furnish a legitimate argument against the manufacture and sale of these goods. If they only interfere with the profits of the dairy and with the sale of dairy butter, they furnish no good reason why the business should be prohibited. We must base our arguments upon wider and stronger grounds; we must show that it is injurious to public health ; that It contains elements which should not qo into a common article of food; that however palatable it may be, its effect upon the health of the consumer is such as should prevent its manufacture. It is proven and admitted by the manufacturers, that cotton-seed oil, sesame oil, and ^lard oil are used. It is admitted that the oil is extracted from the lard under pressure and at a temperature of not more than one hundred and twenty- five degrees. It is proven that this temperature will not kill the germs of trichinosis, tapeworm, and other parasites which are found in the fiesh and fat of the hog. It is well known to the medical fraternity that, to certain persons and under certain conditions, cotton-seed oil is dan^^erous and injurious if used with food; that in no case is the fatty oil heated to a temperature which will kill parasitic life which it may have contained, and It IS for these and other reasons that its manufacture should be prohibited. As an additional reason to those which I have urged, we may fairly claim that as at present its sale is a fraud upon the public, who, in most cases purchase it at retail as butter, and that its price increases as it more closely resembles the more legitimate dairv product; that it is not sold for what it is. but rather for what it is not, viz, butter ; that if sold only on its own merits its manufacture would be curtailed fully seventy-five per cent.; that in many cases it contains a certain varying percentage of genuine butter, and that in these cases it is impossible even for a chemist to say whether the article contains injuiious products or not. Our claim, then, should be that it is a fraud on the public who i)urchase, under the name of butter, an article which, under its true name and merit, they would not touch ; that under the name and credit of butter they are furnished with an article made, at least partially, from products which are known to be Pennsylvania Board of Agriculture. 25 injurious to health and dangerous as food. Urged upon these grounds, we have a strong chum, but upon the claim of injury to any trade or business we are weak, and unnecessarily weaken our cause. If we fail to prove that the article is injurious to health, and tail to make out such a case, we must then fall back to the claim that it should be sold for what it really is, and not upon the credit of a well known and universally-used commodity. Mr. Reedfr. Mr. President, bill No. 1 is a copy of the New York State law. The first and second sections relate to milk and skim-milk, which were stricken out yesterday. The third section is the sixth section of the New York bill, which is also a word-for-word copy of the Missouri law. The fourth, lifth, sixth, and seventh sections are the concluding sections of the New York law, providing for a State appropriation of $25,U00, instead of $30,000, for the appointment of a dairy commissioner, and all that. We knew we could not get that without having an amendment to the Consti- tution. Then we have prepared two substitutes — one of them, in accord- ance with the idea advanced to us by His Excellency the Governor of the State, making it the duty of policemen and constables to execute the law. I think it would be proper to read those substitute sections. Then, since we have received the co])y of this milk bill from the Social Science Asso- ciation, all the sections, from section eight to the end of the bill, make it the duty of each city and county in the State to appoint city and county inspectors. Now, in place of all that, another substitute can be put in in that form ; instead of making it the duty of policemen and constables, let us have city and county inspectors, with their mode of operations, and their fees, as provided for in these sections of the milk bill. Let us have that incorporated in our prohibitory milk bill, if that is considered better than this other plan of having policemen and constables do it. The other prohibitory bill is the one drafted by Mr. Brinton, which I will read. You will observe that this bill does not make any special provision for its enforcement. It leaves it free for anybody to prosecute under the act ; and that, I take it, is the point to be settled by this Board, whether they will have a general act, which we can proceed to prosecute under the general laws of the State, or whether we will have special methods of en- forcing the law pointed out in our bill. Mr. Fuller, President Pennsylvania Dairymen's Association. Mr. Pres- ident, and gentlemen of the Board: I propose to refer very brielly to the legislation which we have already upon our statute books affecting this matter of the manufiicture and sale of imitation butter, without discussing in any way the suljject as to its merits, which has been already ably done by many of the gentlemen present. In the Legislature of four years ago, abill was prepared governing the sale of imitation butter, by which I mean suine, butterine, and oleomargarine. That law was vetoed by the Governor. That was the first law that we had on the subject. The second law is the one which we have at present governing the sale and handling of imitation dairy products. 1 apprehend that the bills which have been presented here are very little better, in many respects, than the law which we have now. I have been in correspondencewith parties in New York city, and also parties in New York State, in regard to the operation of the New York law. They lay great stress upon the fact that they have a dairy commissioner who is em- powered to enforce this law. I believe that, without a commissioner ap- pointed to carry into effect any hiw that we miglit have, it would be impos- sible to improve upon our ])resent law. I am very sorry to say that, from information which I have from a very excellent source, it is altogether likely that the law of New York will not be sustained by the court of appeals. I had expected a telegram this morning, and shall probably receive it some time 26 Quarterly Rlport. Pennsylvania Board of Agriculture. 27 durinfr the day, from Mr. IJrown, the dairv commissioner of New York, in regard to the matter. I understand tliat it is to come before the court of ap- peals very soon—l should judge (from information that I have had) within, possibly, the next week or two. T would say this to your Board, that it would seem to me best, so far as the Legislature of Pennsylvania is con- cerned, to await, if possible, the decision in New York of this matter. So far as any prohibitory law is concerned, if we cannot appoint a commis- sioner to carry out the provisions of that law, I would consider such a law as entirely useless. Mr. Beebe, of Venango. Mr. President, we can do this. The Constitu- tion forbids legislation creating such State offices, but they can b3 provided by the counties. There are two ways before this Board : One is as provi- ded in the bills for county supervision, and the other as sugijested by His Excellency — the latter as has been read by Mr. Reeder ; the other proposes county inspectors. Those two are suggested here to-day, and the only two ; the first by county supervision, under proper authority, and the second, as read by Mr. Reeder, by policemen and constables. I was about to state that I could illustrate the latter method as being similar to the require- ments of a constable who is required to make return to the court of quarter sessions as to illegal sales of liquor. That is one method. There is noth- ing to hinder a citizen from prosecuting, at any time, offenders by taking them before a justice of the peace and having them bound over for trial in the court of quarter sessions at the regular terms. In fact, it would be the duty of the constable, as an officer of the law, to make these returns. Tliere is nothing to hinder any citizen making complaint against an offender and have the party offending bound over. In fact, it is the only method, be- cause our courts have decided that such returns cannot be made to the court of quarter sessions without a preliminary hearing before a magistrate. Of course, in the various municipalities, in the large cities where these in- terests predominate, an inspector could be appointed under an act of the Legislature who would be practically able to enforce the law. The ])ublic necessity would require it ; the public sentiment would demand it, and that is just where the oleomargarine business mostly affects it. In the smaller counties, in the remote districts, they know very little about oleomargarine, and care less. My own idea upon an examination of that (the New York act) was that it would inevitably b« reversed from the simple want of sufficient title, not including those causes on which legislation would be justified. The very title of the act itself is not sufficient to create what would be justi- fied in being prohibitory. A simple act to protect dairymen in the manu- facture of butter as against other products is a simple absurdity ; so far as this discussion to-day tended that way, to me, as a lawyer, it seemed very weak indeed. No industry can be protected as against another legitimate industry. Mr. Fuller. This subject was under discussion at our meeting held at Doylestown in May last. Judge Watson, a member of our association, argued the matter very much as the gentleman (Mr. Beebe) here does ; and I felt obliged to take that position. I had the honor of oflfering a resolu- tion, at that time, that the whole matter be deferred until our annual meeting, which occurs next week. We appointed Mr. lleeder, the gentle- man who has reported to this Board to-day, as the chairman of the com- mittee to report to us next week. The matter rests in that way, so far as our organization is concerned. We desire very much to cooperate with your Board. Mr. Beebe. To conclude what I have to say, 1 would add that although the New York Court of Appeals may declare that law unconstitutional and set it aside, it may be done upon the ground that the title and draft of the act itself is defective. Mr. Edge, (Secretary of the Board.) Mr. President, I think it very im- portant that a bill of some kind should be introduced into the Legislature at once. It doesn't matter what you introduce, if you have the title that you want. There will be a great hostility to it on the part of the oleo- margarine men, and any delay will be a great disadvantage. Every day of delay puts us back farther and farther. If we introduce a bill now, have our title right, and put it into the hands of the committee, by the time that bill comes up on second reading, which is the only time you can amend it, then Mr.- Fuller, and all others of the association who desire, can get the bill in such shape as they want it. Many here know how easily a bill can be killed by amendment, which causes delay. Every parlia- mentary move will have to be meet. A Member. Judge Pratt's minority report, in New York, coincides ex- actly with Mr. Beebe's version of this matter. He takes the ground that the title of their act does not include that particular feature which he says we ought to embody in ours In order to make it constitutional, and that is that its^ise is detrimental to health. The New York bill does not include that feature. Mr. Edge, (Secretary of the Board.) T!ie manufacturers will meet us on that ground. They will state that the farmers are claiming that this bill ought to be passed because it injures their business. Now, they may meet us with the claims of the tallow and lard men ; that the price of lard and tallow will be lowered by adverse legislation to their interests. There- fore, we must put it iii)on the plane of injury to the public health. The President, (Governor Pattison.) The efficacy of this law, as of all other laws, will depend upon the right enforcement of it by the man whose duty it is to execute it. That has been the history of all the laws we have ; many to-day stand upon the statute books a dead letter because they are not enforced. The easiest, and, perhaps, the best method to adopt, is that when a man fails to perform his duty the sooner you remove him the better. You have to depend upon some one, whether in the county or the city or anywhere else, for the enforcement of your laws ; and if you can reach that some one by speedy remedy, it is the best way. History. There is some doubt as to when the first attempt was made to manufac- ture imitation butter ; some ascribe it to the necessities which arose during the seige of Paris, and nearlv all authorities agree in ascribing the inven- tion to a Frenchman. The first public record of it appears in a patent granted to M. Mege by the English government under date of March 16, 1869. In this country,' it appears that a patent was granted to H. l^radley in January, 1871, but this patent does not cover the material under the name of butter ; the Bradlev process made no greater claim than to make the grosser fats equal to lard for cooking purposes by a patented process. Later in the same year, a Frenchman, W. K. Peyrous, obtained a patent under a claim to make *Hhe finer animal fiits equal to the best of lard, for cooking purposes only;'' this was supplemented by the further claim that the process made these fats ^'as easily digestible as lard and butter.'' Two years later, (May, 1873,) we find that E. Q. Parafe obtained a patent for a process of manufacturing what the patentee styled '' oleomargarine; this patent was afterwards purchesed by a large manufacturing company in 28 Quarterly Report. hntf,.v ).nf !. "^'*'^*'°" butter," and, to a limited extent, Tvas tiien used a8 to es The n nTi?';-'"'^ T f ^"'''^"f't^ f"r Gutter, except for cc!oi- «f ^he Court whi^h fi,t^ 7, . following grounds: If section six of the act under which the defendant was convicted is to be construed as an absolute nro ilH" >, "'" ™f "•."■««t"'-e of pure and wholesome oleomargar no imcon" nected with any design to deceive the public or simulate dai.'v butter it is" orr sSstftSf "'''"'" ''- '-'^''^'^^ «'• -*«^^ «-' -s %:, can ooi rts sit in review of the discretion of the Legislature or detennino the wisdom or propriety of legislative action, and everv intendment is ?n iifiTit *^? ^'^''^litj of the statutes. In Bartholf t,s 'Re ill 4 N Y fnvil e If'^ ^y "" ^*'"'* «f '^l'P'^^'« ' t'i=^t no law can be pronounced invalid for the reason that it violates all notions of justice is onnresshe cities of the SfT'?""' "^b^'^-'^^' in the opinion'of some or 'alTo 1 e t]iQt «nri 1 ^ ^ iualtb, tor the reason that it nowliere anneors Sh regulaU:;:^:'"^^ "• •" "-^ «^" -^>' except for purposes of Xe or iral'iJi oVthe' UW tl^^ f '^tute then under consideration recognized the le- Pennsylvania Board of Agriculture. 31 " Until the Tjegislature, in the exercise of its inherent powers to enact police and health laws, prohibits the manufacture of oleomargarine, it seems to me a citizen has a right to make an^' pure and wholesome article of food and sell it for what it actually is, and it is immaterial what lawful use shall he made of it afterward. If a man is too poor to buy good butter, I see no objection to his using oil, cheese, or honey, or any other substitute for butter. " A law prohibiting the making of an iron rake, to be used as a substi- tute for one made entirely of wood, could be passed with just the same legal effect as a law providing that oleomargarine should not be used as a substitute for butter. I do not claim that the Legislature cannot do all this, but that it can only do it to ])rotect the public health. Assuming even that it may pass such a law, if, in the exercise of its discretion, it deems it best for the public health, and that the Courts cannot review such an exercise of discretion, however unwise it may be; this law, how^ever, was not passed under the exercise of any such discretion or for any such pur- pose, nor can we indulge in the presumption that such was the purpose of the act when we read the title of the act itself. "The whole question as to the constitutionality of this section, therefore, turns upon the point whether, the Legislature having passed this statute, the Courts must assume that it was passed for the purpose of protecting the puV)lic health. In my view, it was not passed for that purpose, and is, therefore, not to be upheld unless another construction can be placed upon it. In the title, the Legislature announced its purpose to be 'to prevent deception in the sale of dairy products.' If the title is to be read in con- struing the sixth section, then it must be held to relate to and prescribe only deceptive simulations and spurious impositions upon the public, or to an article made with design to deceive the public, and cannot be held to in- clude a wholesome and pure article of food, openly and honestly made with a design to sell it for exactly what it is, and without an\' design to deceive the purchaser. In the latter view, an indispensable element in a conviction would be some intent to deceive or some act that might operate as an imposition upon the ])ul)lic, as a 'deception in dairy products.' Merely making pure oleomar- garine butter, and exposing it for sale as such, without any motive or at- tempt to pass it off as genuine dairy product, would not come within the purview of the statute, the purpose of wiiich is to prevent deceptions. The act, in the severity of its penalties, in its casting the burden ( f proof upon the defendant, to rebut a presum})tion of willful guilt arising from the doing of any act prohibited therein, may well be held to impose its penalties only when oleomargarine is manufactured for sale, or sold, or designed to de- ceive the public. If the latter is the correct view, this conviction cannot be upheld, as no such case was made out. . "I have not examined or cited authorities, as I have assumed the utmost that can be claimed in favor of the absolute power of the Legislature. While the subject is one that has been frequently before the Courts and elicited much discussion, it does not seem to me that the present case re- quires any critical examination to present the legislation involved. Which- ever construction is placed upon tlie sixth section of the two herein stated, it is clear the conviction must be set aside." It is evident, from the line of argument pursued by Judge Pratt, that he considers the act one of class legislation — the dairyman against the tal- low and lard mnnufactnrer — and that the question of injury to public health did not enter into the question. It is unfortunate that the title of the act was, in itself, very defective, and, to a certain extent, invited the opinion of Judge Pratt. 82 Quarterly Report. ricrhf of Vho T • f f ^^ ^" ^">' '^'^-^^ ^^^ct the broad question of the the ,n„.He health ?'^^'fZST^ the^^L^ ^to^T^ i^'^^SXrtJ: decision imist eventmllA- fnv.i t^ ^i j- • "^^^ ^'^*^ qutsiion tnat the . teration most ser ousK aZt h^ ^'' are materially altered, and in the al- oil or liquid port 0^0^ t^T^ lard /^Tnl^h ' 71 ?"'''^""- "^'''^ ^^^^^' ^^^« at a tern >erature too low to SrS the /enS^^^ \'^ ^^^^^"^'^ existed, and which may thust^^lstrfd^^^^^^^^ Jr^n L'ntr^ '^^^ io^\o V^S^i^ :alS"we U^.^^ t\ ^^^f .-mpo^^dJ^^^tt injur- falls. If we L4 n^oTLr ^1^1 id^ "? f ^ ^^^ prohibitory k.nslation of imitation Eers and chep^^^^^ '^''^?^^'; "'^ ^^^^ ^^^^ manufacture the dairy business and lo^^^^^^^^^^ it interferes with is very much weakened and ma eriX in u S^ Thn^f'''^r''; T ^""^^ ducts lowers the price of leo-iHrnlf-J 'l '"i"'^^'^- ^^^^ ^^^^^ sale of these pro- lubitorv Wislatiorfor riS^ sufficient basis for pro- zen ha/a Sffct^^^^^^^^ '^ health,) the non-producing ki- If deception in tb^sale is .II wp . i ^^,^^^'^'^^ ^^^"^ the competition, claims cannot y beyond res rictiv^W^^^^ ^^'' ^^^^ J^'^^ citizens the ri^it to^'^^e" UtecS t^Tif ^Tr^iref afdlo^o^- '^ ?^^ ticed and no right of ^rj.ibiti^n iTouT.^f' ''''' ^' ^" ^^^'^P^^^" P^^^- tion then turns upon that of in^nVv !1 n Y^^ dence before the comSefof ?N^^^^^ we regard the evi- the question in the X ative,tVl ^e a's^ ""r"]' ^^^^^^^ to enact prohif,itory lecrislation ^^ '^ '^ perfectly proper wi^'^lle^^^on:::,^^ proper,weare next met laws have hitherto p^veTa hihire not fr ^' '''"'"f* ^"^' ''estrictive because no one carried them r 'aT -.f "" ^"^' weakness of their own. New York act, Te cannot in Penust^^^^^^^^ ^' '^^ tion forbids an inspecSiin How V?.? """^ ^^.P' ^^" ^"^ Constitu- lation without Ins^on ? ^11 will iK^^^^^ l^^^" forced is even weaker than a restr fivp .! \l P'^^^^'^ory act not en- passage of a prohibitory act mav be r^o^^^^^^^^^^ sanie condition. The is the duty o[ no one t^ s^e 7at it Tenfc c'^d' will it Z':::T::' '' '' use than our present restrictive act ? If not wilT nn ^ "^ """""^ source of annoyance to both parties^ To Vh! "^t prove a constant will at all times be liabl^t^^™on;inn • ^^f^'^^^^^urer, because he than from a desire to see the' aw eSTce""i^ ''''''' '''!'' '^''^'^^ gives him a security which is but thonrlff i ^^ f ^^^^^-V^^^n, because it do injury to both p'arTies and bc^K^ll'^ifhe" ''"'' "^ ''' "^^ P^^^^^^^ I Pennsylvania Boarp of Agriculture. Investigation. 33 The question of the propriety of prohibiting the manufacture and sale of imitation dairy products being before the New York Legislature, the Sen- ate appointed a committee to give the subject a complete investigation. This committee presented the following report, and submitted the evidence taken by them, which occupied three hundred and ninety-five printed pages. Tlie report of this committee as made to the Legislature, (January 3^, 1884,) is as follows: To the Senate: Your Committee on Public Health, which was authorized by the resolu- tions of this body passed on the 2 4th day of January, 1884, to make an ex- amination as to the adulteration of food and dairy products, hereby report as follows: That, immediately upon its appointment, it prepared notices indicating the duties which had been imposed upon your committee, asking informa- tion and suggestions as to the matters above stated, of which notice the following is a copy : State of New York, Senatk Chamber, Albany, January SO^ 188^. My Dear Sir: The Senate, on January 24, passed the following resolu- tions : Whereas, It is alleged that imitation and adulterated butter, suine and oleomargarine butter, and adulterated dairy products, etc., are manufac- tured and sold in violation of law ; And whereas^ Such sales are injurious to producers and dealers in dairy products, and injurious to public health ; And whereas^ It is of vital importance to the honest and legitimate pro- ducers and dealers in the products of tlie dairy, and also necessary for the better preservation of the public health that such sales be stopped; there- fore, Resolved, That the standing Committee on Public Health be, and it is- hereby, directed and empowered to investigate the alleged illegal manufac- ture and sales of imitation and adulterated dairy products and the effect of tiie sale and use of the same on the public health, with [)ovver to send for persons and i)apers. Said committee is hereby empowered to employ a stenographer, experts, and such coiuisel as it may deem necessary lor the thorough discharge of the duties hereby imposed, and the said coinniittee shall have full power to extend the investigation to an}^ and all imitation and adulterated drink and food, and it shall report its conclusions, together with such recommendations as it may deem proper, upon the subject. It is known that very extensive adulterations of food and drink products are practiced under different forms, and this is especially true of dairy pro- ducts. It is desired that information bearing upon these questions be furnished at as early a date as practicable. You are, therefore, requested to furnish to 11. R. Low, chairman of the Senate Committee on Public Health, any facts known to you bearing upon the following (piestions : First. Is oleomargarine, butterine, suine, lard cheese, or any other pro- duct in which milk, butter, or cream is in part used, made or manufactured in your locality? Second. In such manufacture, what proportion of milk, cream, or butter is used, what is the i)roduct called, and at what price is the same sold ? Third. Are any of the above-mtntioned products sold in yonr Ircality ? In what form or packages are the same put up, and are they sold at whole- 34 Quarterly Keiort. /Wr^/i What knowledge or information liave you of tiie manufaoed that twenty samples out of thti thirty purchased were oleomar- garine, and that most of them had hardly a trace of pure butter in the ad- mixture. In a few^ was found a small percentage of pure butter, but in no case ex- ceeding ten or fifteen per cent. The purchaser in every case called for pure butter, and in no instance w^ere there any lab(4s or notices of any kind indicatinoj that a spurios ob- ject was being sold to the public. The witnesses all testified that the sales were very general in all parts of the city, and that it was very largely purchased by saloons, boarding-house keepers and second-class hotels ; the poorer qualities selling for the most part to laboring people, at from twenty to thirty cents per pound, and the better grades often as high as forty or f jrty-five cents. The cost of manufacture varied from twelve and one half cents to eighteen c^mts per pound, the great bulk costing about fourteen cents, and retailin""""/ "' ''"^ "^ "neooK-ed'fat, (.hl^htfbee: converted into oil at a low temperature by hydraulic pressure ) with a small pe,^entage of natural butter and a portion of the sesame or cotton seed 0,1 together witi-. the coloring matter and salt to give it a gem ine look and make it palatable. Where the fat has been rendered ifco ,"ect1on with the solution of ni, ric acid, and the coloring matter prc.i.'ed In mix n wjth so.la or other alkaline substances, you ifavc in the vhoTe com lined what IS now made and sold as butterine an.l oleoma.-garine °'""^""eJ We have said befo.-e that the extent to which this fraudulent article has been ,ntrod,,ced into our State, is cause for serious apprehension an al , rm ^ot less v.c.ous in ,ts effects upon the moral well-beiLg of the com nu, tv' ^h:ri"^tio. , ami he con uie exports of natural butter, now made at ruinously low prices are in danger of being broken ,ip and destroyed on account of the sus i^i^ns d taining abroad in regard to these adulterations suspicions co- in t!ie same manner,the export of oleomargarine and butterine has been completely cut off on account of the deception practiced no^he buyers so that instead of wealth coming to this co'untry.n |>aymenrf t he eS ts' we are ourselves paying large sums for foreign oils imporied frL Fia ice ilT">^TfT T'*'' ''^''^' "" '''-'^^ this spurious article. '' 1 he effect of this deception is more demoralizing to public morals and tends to lower the standard of honest bi.siness and (a r ^1".^ manv dealers, whose sense of honor and .luty were outraged at 1 e fou." t o^' palming off tins product upon the public, have been forced to s S. b in order to save their business from ruinous loss succumb in Thousands are now unwillinnce, injure niers awav A s tn tt J • ' '^"'^t "'"ocent producers, and drive custo- cTan J ule of ti^.m,./;^ •'"'""' P>-«i«logical effects resultint^ from the The effect on hefnr ^^^tZ^oflts^^'T" ^^-^^^'fl--™- of opinion' has not .et ,een su^^XZ^Z S^d ^ i^'te'l ^ rjiro^.'^^^ Wn" t7j-;er i^r or faSoi? L" --'-meness. f geUiltnilo had mllro" u" -'vvToftfn diiZ? r^^*^^""-,""'-"^-^ >" ^ '•-t-.V would eat a used it after it LdTone t o H I >' , '" '"' '■'"^•^'■•^*' ''"■<^' '"'* "^ver with chemicals.-' ^ ^ ^'"' '"""'""» 1""0'^«««. ^''^re it is treated Another worker said • forliLn akAK.t'kn;:w If Tri"ii?" '"Tf /^ ^'^ ^^^--^^ *'-t '•* - «-'^« -^ >" 'delicate .H.g produces ar'^irioTdrit on S I'l^o' ;?fo:'o"rT' '•^^*'«"^- ^" with natural butter. In rnakin" this mod n^t tnHow oil whon compounded a deifive of heat which wonld !^:;i.!f P'od. ct the fats are not subjected to be i,tiurious to u^a th and Pfr Sh TZ'^'l-^ ^'"'T ''' '^^■'^ t''^* '"'^l.t a bi,h t..nperature,thne tiese fSrtf^iZ:^^::'^,:^^ ?r '' Ije.t, and the oils arc then extracted by hydra iSlessure 'ph T"." dinger, however, will arise f.v.m fi.o 'LJ prissuie. I lie greatest ing of the cornp^un s vvhich ToJd aSstT, ""'""'•!'' '''■'"?'''"" •"• "i-^- large quantities are da Iv made w th tt k nd ?JlZ ' .''',"" "''^'" ^"<='' sarilv be employed Dr Fdw „ W„ii i l''^'"' '^'"'^'^ ™"st neces- :0f Mines. Col,?ml a Co Wc Tn .dd? n ' T^'r^*'^' 'i''«'"'st in the School of the use of nitr c ac S " j" w ^nl ^.\'\ '"'"''''^ testimony, said and substances ni^ro eon noundri, ? ''''*'' '''™'''* ''^" ^''^''^"''^ tissues gen. It will neecH /be tTa ed wiH ? "''•^■'"^'" compounds and nitro- and will depend a Lreat d^al tLn ^"'''^ ""''*'■ ^" '■*'™°^'^ '' ^^"^ th" lani, nitrocompounds, w^rthefet' re brmed°Tf "" "' "/'l'^ '^^''^ "^«'^- '' the acid could be removed I thrnuLT'i,"' .'"^' '^""'''^^ '''^ *« ^''^ther If the fat was in™ed in a Ltl .f ' f ""* ^'^ removed by washing. •remove it, but i drt'Lri ''^^ dd '""^^^JTS^T^^ ''"'' '^ "''^''^ lutric acid left, provided the woter .r^f a '^ " ''*"'*'"" amount of of the fat. B , ,he fat not be?n' .ff r"""*"" ^'^ Penetrate every portion ^■ater or allow wleVS'penerl if mi^t'' T'"' "'"* ** "^"''^ '"'"^ ^'th Nitric acid, when taken ntn thl.f ' ? • '*'*'"" "" ^''^''^t ^'''a' '"ore acid, no antidote.'^ *° ^''' '*^'°"^'» ^" '''"^ considerable quantity, has nec^errii; aCs'vS:::;,:tSiers T tT- ^'^"^^ «>.— ^^rine is and, to a large extent, woScHe^Ssar K i' '^*- '*• " ''t'"-^ ''''*^1>' *« ^^ «<>. or persons in delicate hralth and 1« f'.- '"■'""•'"'^-^ '^ "sed by children some substitute for'pu,. ^m^.^tural buUe"r."^' ""'^' '' ^"^^ ^^' ^ ^"^'^ The Remedy. comXine^d'^n'^^ITefL^cafeful e^f™'""^ '^ *"^ ••^"^^^'•^' t^"- ^be evils the conclusion thtt tie evil can l^ZZoT'/T f "l^^ttee has come to prohibition (after a given treWi' i «,.?';''';''''''''* "'*''^ ^y ^^''^ ^tal State. The laws alread/^qK.HL tat urZor h"' ?^ '"'*' "'*'''" ^^e great particularity and care to i revem f! i T*" ^*''^" Prepared with butter. Six different enactment for H • ' ""''*^'" *'"^ ^"'«« "^ "^tural adopted, but they are evaded an] unol.. r'^?'^ '"^^'^ ^^'''^^dy been .nade for their enforcement The mnn f 7"'' ''""' ^'"'^'''''^'-^ ^" "«^'rapt is their packages as the sUtute recuirer I """■"' '* '' *"'*'• *''«''" ^^ "'••»'k in others, they do not and when In i. l T'"«.^a«e«- they do mark them; letters, oHn form "so 'blind ^Ifl ^ r^^'"* '* " "ft*^" ^'^n^ in skeleton passer-'by. ButTt is wH^he salo^nand b^' '?• '° ,''' "'""telligible to the dealer that the law is pract caHy inonernH l"'v'''''''*^ '^^^P^'' •"•"^ --etail tliere is no metho.l ofSn^ih^-r^'^" "'''''''"' '^"^ "''"' '''^"^ and petty ^'^tcctives, at t^^viS p?.Sir;oTicV"'a„d ^itYu^tr' '^'^''T^' Government. Far better restrain wiH> 1 T^ . , "^ theory of our and sale of this frauduent article h- f "f '''''"'' *'"' ''"'^t inception kitcj.ens and dining-rooms o?citLeis iV" ^''^'''^ detectives to the tioned. A great wron-r .Tbe nfeoZittil^ ^T""' *° '""''''■'' '•' ""^1"««- ing the puWic in its dail Ife fnd rTni ' u"" fT''"'"' ''"'"^ '^tfect- of the State. Wben thc-Vral^^'n be c.::;.,'::;t ^ Sjr ^^-'Jlir^S PENNSYLVANIA BOARD OF AGRICULTURE. 41 inroads of a fraudulent commodity mostly prepared and brouoht within our borders from otlier States. " The livino: cow cannot compete with the dead hog," and the farmers of this State must either submit to the gradual but certain impairment and destruction of the value of their farms and the profits therefrom, or prevent, by legal enactment, the manufacture and sale of this spurious article, productive only of wrong and injury in its fraudulent and vicious sale. This would have long ago been done but for the error which had obtained that the laws of the l^Uate could not prevent the manufacture of an article for which the General Government had granted a patent, or which had not been shown to be poisonous or injurious to the public health. This delusion has now been dispelled. The Federal court has decided that the State has the power to prohibit the sale of any article within its borders when the public exigency requires it, and this even though the article prohibited is covered by letters-patent from the General Govern- ment. Several of the Western States have already prohibited the manu- facture and sale of this compound, notably, Ohio and Missouri. The Missouri law is a very sweeping one, and its constitutionality and validity have been tested in both the courts of the State and of the United States. In the State court the decision upheld the law, and while the case was still pending on appeal, a decision was rendered by the Federal court. In re J^rosnahon, Jr., Circuit Court of Missouri, June, 1««3. Reported in the Federal Reporter, November, 1883, page f)2, before Judges Miller and McCrary, adjudicating the whole question in the most emphatic manner. Roscoe Conkling was employed as counoel by the oleomargarine manu- facturers, and his great talents were vainly exerted to save them. The court put their decision upon the plain ground that it was clearly within the power of the Legislature to prohil)it the manufacture and sale of any article when the public good required it. All that a patent from the Fed- eral Government can do is to give a monopoly to the patentee of the arti- cle produced, but gives no right to manufacture or sell at all, when the same is in conflict w^ith the laws of the State. Your committee have la- bored industriously to find a less severe or stringent measure that would meet the needs of the exioency. They have lal)ored in vain and find no remedy save in a i)rohibiting statute. They feel that the question is a broad and far-reaching one and cannot be evaded or avoided. All parties (the oleomargarine makers included) fully agree that the question is now to be tested whether the dairy interests of our State can longer compete with the genuine and also the adulterated products of the West. The competition with the pure natural butter, produced by the creameries of the West, is already sharp enough, and will tax to the utmost the resources of our farmers. But the competition is a fair one and must be fairly met; but when we add to this the immense production of oils and fats from their countless slaughter-houses, with all the admixtures to which they are sub- jected, and tlie fraudulent and counterfeit articles made therefrom, the con- clusion is irresistible that our dairy interests are to be destroyed or deeply impaired, or the manufacture and sale of this counterfeit product must be prohibited by the strong arm of the law, and the means provided for its certain and rigid enforcement. Threats were oi)enly made by the agents of the manufacturers that there was not power enough in the State Go ern- ment to prohibit its manulaeture in the city of New York, and there will 42 QUABTEBLY KeI'OBT -«'""'.tory enactment, has but little foundatio '" feet an should have no weight with this Legislature. The canifil inv, ,V, H VJ nd.culonslv small wi,en compared with the innncse 1 ro.Tuct t , , ,T '.^, made There are single farmers who can manufacture in the r Xrs w h a capital of $500, enough of this propuct to supj.ly a tovvns hb Ii;?, v anything used in the manufacture need be destroyed The fats oils n d l.ne, and will snstain their legislators in doing their duty *'"' Milk. attention 'vi7'fT* '^nP' P'"''^'"^* ^'^ ^'''<''' >'«'"- committee has given its mimMmm or ore dfU, orfL^tii J V xi "Iteralion, so that no. but one qoarler middlemen mav t\ke nearly one thrHn'^^''^'^" '^''^ ^^'^ '^^^''^'^ and the same as pure milk Sioi^t S. k *"''*'*'" ^'■'"" *''^ ™"'^' '»"^' ^"11 sell saidordinancrso^TableloL liL^^^^^^ *^ ?^' P-'ovision of the as follows : The board of hoXVh^«fiTM '''^^^".'-^'^ "'^ modus operandi is to be contained In p" em fklu^^^^^ -;";;""- — "* of the solids in pure milk is so.uething over Vrrurte^en ,"er cen Tr'^' "'"'"'"* '''^""''•^^ milk is taken froni poor cows fed ,n!on T V J """"nun. where the twelve per cent., so'the ^SSV^ sZ.\ ure \: •|k"Lm^^^^ ^'>''" skims of the cream, or adulterates it win, 1l; • *"*^ fanners, Hhall not contain le s thai 'id f per cen and 11."! ^ .''.^"-''^ «« that it consumer as pure milk, and Thi's ^rtl^. ua ' ' 1 k' S 'to'day°;'\'" '""^ large proportion of the citizens of x^ew Vorkaiid li ook n^fo %, "h he^ Pennsylvania Board of Agriculture. 43 I ])hy from ei^' '^''^« '^^«n introduced thesi^Jeofoverv cLesf md hNo^^^^^^^^^^^^^^^ durably stamp, brand, or mark upon cheese, the words '' imitation c- h psa '' nni?. . ^^e^?^^^^^'^''^"^ butter "or if containing letters, whicli slmll be u CiVn or nai V^^^^ '^ "^-T ''^ ^'^^^"'^^ '^^^^^ ^« l^^>'»i^» straiol.t lino, and shall m,re less th?./n!f«. ^ '?r«'\" }^' ^^ permanent black paint in a also Tnvoice hc'same and ^ Imlt mch in ienjrth ; and if for export, shall biUter,"or,ifcheesear''imto substance in parcels the seller si ,l fn t'li If ^ ''fJ'''^ sales of such articles or for sale from a tub irk'n ox c^^^ pacL/^^^ ?''^ ""' «-M>ose the same stated, and shall also denVer thcre^^^^^^^ »>'-anded, or marked, as herein plainly printed words - ol eoma^^^^^^^ 1^""^,^^^ J^^>^^ hearing the only, in Roman letters not ei n^.t r • ^ ^^e^^^' the words ''imitation cheese" a straight Ime, and e^eVrsale of sue /m ort l^'^. ''"^^''' ^'^""'^ '''^''^ '^'^ printed in tub, firkin, box, or T)ackau:ror in anv v the "iHrked, and if expo^rKot inv^^^^^^^ '>^Hnded. or margarine butter," or if chees as ?'T ifa >i^X^^^^ the custom-house as -oleo- subsrance at retai in parcels tLtshw?/'^ "^^ """"^ ^^^'*^ ^^'^ ^^'sucli article or so staniped, branded or marked or li IV^1 '''^" '' ^"^'' ^''^'''^ ^^^ ^r package stated, i^ declared to b^un^awfui and void ad' ^"^^'^"^ ''''''' ^"^^^ therewith a^s abo?e niaintained in any of the (Courts fthVjLtst^^^^^^ "^^""^ ^"^^ ^^•"^'"^^^^ ^'^^^^ '>e ot any such article (,r seniblanceut so stamn?^^^^^^^ T'" ^'^ contract for the sale Skction 2. Every person who shanl^PlV^' i^"^^^^^' '"^^^^^d, labeled or sold, foreign country, or-ha^e Tn In'^o he rose i< ^ '\\' f ^^'/^^ ^^^^^^ to a box or package, or in any greater qum.tUv a v nV JL • ^^ I' ^^^^- ^-^ ^he tub. firkin, by the first section ofthisact t be s?arm^^^^^^^ articleorsubstanc e rrquired and cleared through thecustorn ho. sei^^^^^ niarked, and, if exported, invoiced as therein stated,'tha sh^/ t i^^'^^ttlm^^^^^^^^^ butter "or -inn-tatior', cheese " voiced according to the pn,vi^ ons ol^thisTf :r^ ^^ '"^^ '^' exported, in- person who shall sell or otter ore vnnl^^^^^^ \ "' ^''''^ ''^ ^'^tail sales in parcels every selling c>treririg, o;':;^pt;'^,?^^,7X'hl^^^^^^^^^^^^ stamped, branded, or niarked ■Jin ^.1 if; f I- ^'^^^ ^ ^"*^' hrkin, box, or nacka^re as required bv section one of ttrisac^^ ''^^^^^^' ""' ^^^hout delivery ot^^a Si Of one hund red dol~to be' recoferlTwit^^^^ coTs^in'^'n "'''."'^f '^"'"^^'^ ^"^^ ^^^^ «''« having cogni7.mcetl.ereof in an acLioiiob^^^^ ''^ the courts of this State naine of the Commonwealth aidXl? be aidTnto Z co^n?% ^''^"^^ ^^"^"^^^^ ''' ^he Section 3. Every nerson wi.n chaii ^r the county treasury. cx)untry,orwhoshaU^causeo 'p^^^^^^^ '''\'''^^^ ^>^ ex^^ort to a foreign tub, firkin, box, or package. or^[ any eater nuar if v'^' ''' '^^^T^ ^'''' ^^^^' ^^^ the quired by the tirst sectionof thisact to be stunn^^ ^'f^^l^ or substance re- invoiced and cleared as therein iated rltt «^^^^wtl branded, marked, and, if exi,orted, ported, invoiced and cleared M^fcLf reta^i^^^^^^^^ "^^"'^^^^^^ ^"^^' ^^'exl shallseil, ()r otter or ex pose for sale or who «^ -^ales in parcels, every person who exposed for sale any ardclp !lr^.^yl\ ^'-'lall cause or pr-ocure to be S( Id oflered or soiri. otfer-ed, of ex^oled ?>r ^uc '^^^^^^^^^ ^''« ^^ '^^^^^^^ ^^^' tins ac[ t ' be bran(led, or marked%nd labeled as therP^^^^^^^^ /"'"' ^''^' ""' Package stamped tion, shall be guiltvof a mis p nP«^^^^^ ^""'^ contraryto the provisioii of said sec of not less than tifty do^ars n^^^^^ upon con viction shall be punished by a hne" in the county jail f;i:r ikH lels aHe ' r n^;; than^H^'/'l'^"''^' ^" ^>^ bnprisc^iment ^cAToTi"^;?'' ''''' ^^^'^ ^'^^^ eve "y offence!:' ''"° ''"'^ ^^•"^' ^'^ ^'^ ^^^^^ ^^^^^ fine hereb^V'epellelll' ''^' "^ ^"^^^ ^^^ ^^^'^ inconsistent with the provisions of this act are AvPRovED-The 24th day of May, A. D. 1883. Law of New York. (Now in full force.) AN ACT To prevent deception in sales of dairy products. (Passed April 24 1884 threp rrn being present.) ^ ' ^^^^' ^^^^^ ^^hs ^ECTioN 1. No person or persons shall ^pII ... ^ i change, any unclein, impure unh 'dtiv aX teraS?^^^^^ ''\ ^f^^^^ ^''' ^^^^ ^^^ ^^x- offer for sale any article of food mad(. Irom e .f.mi ' ^^^/i"w''Olesome milk, or shall prov,.o.. s„a„ not app„ to r>ure ..^l:;^:^^;';^:!-:^':^^^'^^, pSlt Pennsylvania Board of Agriculture. 45 healthy, wholesome, and unadulterated, except by skimming. Whoever violates the provisions of this section is guilty of a misdemeanor, and shall be punished by a tine of not less than twenty-five nor more than two hundred dollar-s, or by imprisonment of not less than one or more than six months, or both such tine and iinprisonment for the first offense, and by six months' imprisonment for each suLsequent offense. Section 2. No person shall keep cows for the production of milk for market, or for sale or exclian^e. or for manufacturing the same, or cream from the same, into articles of food in a crowded or unhealthy condition or feed the cows on food that is unhealtliy, or that produ(;es impur-e, unhealthy, diseased, or unwholesome milk. No person shall manufacturo from impure, unhealLliy, diseased, or unwholesome milk, or of cream from the same, an^^ article of food. Whoever violate-^ the provisions of this section is guilty of a misdemeanor, and shall be })unished by a line of not less thin twenty-five nor more than two hundred dollars or by imprisonment of not less than one or niore than four months, or by both such fine and imf)ris )nment for the first offense, and by f(jur months' imprisonment for each subsequent offense.. SpjcrioN 3. No person or pers )ns shall sell, supply, or bring to be manufactured to any butter or cheese mmufactory, any milk di uted with wate , or any unclean, im- pure, unhealthy, adulterated, or unwholesome milk, or milk from whi(;h any cream has been taken, (except pure skim-milk to skim-cheese factories,) or shall keep back any i)art of tlu:; milk commonly known as 'strippin^s " or shall bring or supply milk to any l)uiter or cheese manutactoiy that is sour, (except pure skim-milk toskim- chetse factories ) No li»utter or cheese mariufactories, except those who buy all the milk they use, shall use for their own benefit, or allow any of their employes or any other person to use for their own benefit, any milk or c.-eam from the milk, or the pro- duct thereof, brought to sud manufactor es witliout the consent of the owners thereof. Ever-y butter or chetso manufatfturer, excei)t those who buy all th(Mnilk they use, shall keej) a correct account of all tlie milk daily received, and of the number of pounds and packages of butter, the number and aggregate weight of cheese nrddeeach day, the number of packages of cheese and butter disposed of, which shal I be open to inspection to any pers )n who delivers milk to such mmufacturer. Whoever violates the provi- sions of this section shall be guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than twenty-five or more than two hundred dollars, or not less than one or moreJ;han six months' imprisonment, or both such fine and imprison- ment. SEcrnoN 4. No manufacturer of vessels for the package of butter shall sell or dis- pose of any su(!h vessels without i)randing his name and the true weigut of the v^essel or vessels on the same with legible letters or figures not less than one fourtii of an inch in length. Whoever violates the provisions of this section is guilt \^ of a misdemeanor, and shall be i)unished for each offense by a line of not less than fifty nor more tha-i one hundred dollars, or by imprisonment of not less thirty or mor-e than sixty days, or by both su(rh tine and imj)ris nment. Section 5. No person shall sell, or offer or expose for sile, any milk except in the county from which the s ime is produced, unless each can, vessel, or package contain- ing such milk sliall l)e distinctly and durably branded with letter-snot less than one in(*h in length on the outside above the center on every can, vessel, or package con- taining such milk, the name of the county from which the same is produced, and the same mark shall be branded or [)Hinted in a c »nspicuous place on the carriage or ve- hicle in which tlie milk is drawn to be sold, and such milk can only be sold in or re- tailed out of a cm, vessel, package, or carriage so marked. Whoever violates the pro- visions of this secti s than tittecn or more than thirty days for the first olfeiise, and titty dollars or thirty days' im j>risonment for each subseciuent otlense. Section H. No person shall manuifacture, sell, or offer for sale, any condensed milk unless the same shall be put up in packages upon which shall be distinctly labeled 46 Q''AUTEULY Report. a^nlfeS'rnn k L\';a"r be^?Li r;:;' ,n-^r^ ">' r'r ^^''l"" ">« -*-»« '« -"a^le. no con. pure, clean J,,. d,yfr4\Uf^^^^^^^ Siik^ unless the .same is manulactnred from has not been remove i or uts^^ "'",'• "■'"'.^"'"''^ ■"»•<. '">•" "liich the cream densed milk sha 1 be i.ram ur^r eoni ■ u' -T 'l"! '" ,"""' ""•"'"* «""Wiue,l in tl>e con- crude niilk, a.ul of sue sXstweM J. "i. I 1 'T''" !«\'-/'«"tuni or milk R<,lids in milk shall be s.,1,1 fro / s ,,r m, '^^^^^^ IZ centum shall be fat. When .'ondenseci brand or label such ,. s or nackaf^esS 1- f"''^''?' ^ ^*"*"'"' "'« ^^n^*"- ^I'all which the same was nr ulnoe, Imd il,, 1 " "« "( the county or counties from pr,,visions,,fthissect on 'aHi,;i.,i ;,'*■"', ""* '''""'^'■- Wlioever violates the "f.mt les.s than tifUM- ",n re J;ti^uu,llTZt':::'r'i' "•" '"""■•^'"*" "•^" "■>« more than six m^.m is, or liotli so, I, n„L ... ■ ™'."J ''-^ imprisonment ol' not «ix n,ontl.s- inu,rison^ent Ibr ^ch^'ubte; ;!entT,?K^^ a,H,or;;;':''com^;'?its\^?,yeT':^;o'4a"ri,r '!:::izz' rrv" "■<' «--'«• «-" su.ner, who shall be a citizen of this Stat eaZl wh sl,^ V','',^ "^'T ''■'*''■>' ''""""i- two years, or until his snccess,.r N ar nob.u ^ .i '' '"** "*"*' ''"' "'"^ l^"-'" "'' annum and his necessaryex,^ ses in , ■ e /h . r '^^ receive a salary of $3,000 per this act ; sai.l conunissi,,1,er'STbeaV,»o^^^^^^^^^^ act, and shall be charged, un CtlTe .h Zi tn nf ' n" '^"^''' ""^■'' "'" '''"^^"R« <"■""« of the various provisions tliei,,fi:J,i„ P' .the Governor, with the enforcement the pleasure of\he Go " rn , a i hK ccX'u'^T.'.'r:,™."^ "? '"'""^<^<* '^"'" "'««« ^ The sail! connnissioner is herehv om ? V 'M' >iuited as above provided for. ant connnissic.ners, a° d t.re"^^C^^^^ to a, int such assist- may be deemed by him neces>^irv Ibr the nmne;.^^!"^ '^^^ agen s, an,l such counsel as pensation to be fixed by the conu^/issioner' '^ enlorcement ol this law. Their con>- noTto exceed f';;2ua'''''' '^ "'*' authorizea to eu,ploy a clerk at an annual salarv of peuses authorized by this act simll be^ i l , ,p^\ " "'"""ftes, accounts, and ex- warrataof thecon.pfroller. The eu e'exoe,^es o^^ " "''' ■''''"« "P"" ''^e ceed the sum appropriated for the purposes of thTs act '^'""""^■^""'e'- s'>all not ex- the i6tir;hl;o\Tr;;';:,,^r.h 'r;' hp^i^tct '""^ ^?'''*'«'"-- -^ "^'^ "-" detail the numb,.r ui li>^Hi>:UuU'ouu,i^^^^^^^^ report in he has employed, with thet" expe sl^ d disbu'S^^^^^ ^'"^ "^""^^^ shall have a room in the new cap tol. to b^set anart ft r t . T ^^ !""'^ commissioner sioner. i ' '. lo ot set.apart for his use by the eapitol commLs- SkciionIO. The said commissioner and assi' Products age, «,n, or vessel containing such artu^lerwhi I mari i . ' '^ any pack- posed for sale in violation ofthe pn.visi ons o 1 s.,'^^ he "nanulactured, sold, or ex- therein and may take therefrom s!,mples for anal sis ' ""'•'' '"'"^''' '"« contents u,uirtms\cl:andri;juritlou N;r^^^^^ <"• »>' -es arising the penalties imposed ul any .^r'air/.arsci^aonsher;^,^ '''''" ''"'''''^ '"«'" '" «'"-«« tiie m.y,"i-;'o\te Is'c^'l'leSTif r, tV,et^.\':':,ra?l V;e%Si,'';r-"'- «'-" "e paid out Of by law, and the rest of the fine shall IkT a?d rthe S a.e ' Vo ''' '"'""""" """' P^'vided .SKcno.N 13. In all prosecutions under' ts a reUti L to .t^'*'''; . of unclean, impure, uiih(,.althv, a.lulterated or ^„.1.., *'i ''** '"'^ ^"<* "lanufacture Shown to contain more than eighTv!eiglf per cen m of ''*''.^ ""■'^ ''' ""^ "'■'k ^e tvvelve per centum of milk solils wS shall ^"n^LV '.>"'' "'""'" '"• '''^^ "'"" pi lat. It shall be declared a;:'^iii-.r-!rti^^t:i-sS a.::-u:u:g:ii^:;t:!X;l;;i'i;^ i;-;^!-« 'i:-'ttJ? ^'- t -^ - ->- <-■ '^s;.^r 1^ ^h^;!!:rs';;^n;;;is*ai; 9HP"'^ "" "'""''"■ drcd,.„,d forty-four' an.l five Inn;, ^d an eighVeen .?f"th , V'" '"T,"'.' ""- «^'« ''""- a;nll,Hy-nuu>,,fli,,.laws,.fl8^',, l,,urhu,,ln.lan,n^^^^^^^ l«'i4, live hun,|r,.,| dr...l an.l tw,.nty an.l two hundre.i an.l 11 irtv sev. n '?? " '*.T "' l'^?^, two !„,„- an.l tinrty-nine .,f the laws of 1880, and vo hundred a,,, f T "' ^f*"' *'"""• ''un.lr,.,l are herebv repc^al.-d. ' uunured an.l fourteen of the laws of 1882 wis^p'rovmid tlierei'^nf "'"" '"''^ '"'«'" °" '"« ''' ''^y ot June. 1834, except a.s other' Pennsylvania Board of Agriculture. 47 Law of Vermont. ( Sow in full force,) AN ACT To prevent deception in sales of butter. It is hereby enacted by the General Assembly of the Uate of Vermont: melted butter <>^ «''>';:' .''^I^j'^^J.'^^^Vkupm^^^ toj and'^ide of every tub, firkin, tin.nly and durably »t' '"'P' '' f ^'; '"/.'tance the word ".>leomargarine " in letters at box. .)r package ..1 each article "f ^«"^*;^^"^f ^/'^'r^^^^^V^,,;^'^ « substance in par- least one half mc h in sms and ^^j^^^/ /^^ :',^ir 'tt, tl.e .mrcbaser a written or printed eels, the seller shal in f'\f;'^f,^^^'^ '™^:,';", ^.^rd ooleo na-garine " and every sale of label bearing the plainly written or P"j"<^ J " f'' ,, "ked or labeled Is declared to su.^h article ,.r substan.* >'''\«j;,«'jf''V, a'^ta nel in Inv «^^^^^ «tate to recover rt;^:i;Tco"tra^trrrrera.^srh'aS^o^^^ "'l^^i^'c;;^ 't^t person who ^^al. kn,.wmg.y ^ ri"to"Ale"prrvK/oI- bwi^eth^t tir^U^e^;irn^rCre.nratlded:';\'i,:^^eroria^eled as reauired ^^SECTfoN 3. This act shall take effect from its passage. Approved— December 2, 1880. AN ACT TO amend -ion three t^^^^^^^^^^^^^^ '-- iTrenit'^X'i^ wr-^rr,^.^^^^ the iTiutU line, the^ollowing words: "One half to be paid to the informer. Proposed Law of Pennsylvania. ^Read in place in the House of ^,^P---^«^-/^/f,//7- '^''^ ^^ ^^''^■"' '^ ^^^^'""" ^ ' county ^ February S, 1885.) AN ACT For the protection of public health, and to prevent adulteration and deception in the ^^^ ^ * ^ manufacture and sale ot dairy products. the anlhorily of the same, ' '"^'7/ ', ." ot,'ou „ seFl <.r evp «e t.. sale anv mar- Su.-«1 from unadulterate.1 milk or "i^^"^^^'^;^^^ of this act ..f Assembly SECTION U. Any pers .n or r^f^'n^J 'J''^ f ^^u'.c.nvicUon shall be punished by eitlier or both for every such otiense. m the 48 Quarterly Report. wfrds^and t'o JnsllSps Xi! Ccmi;n"o'nw.am T^^'^lf "5-1^^ ''^''^' '''^'^^ ^^--^^^^ or persons who si ml W?oIatft «n ^-' '"^""K^ diligent search for any person bailiwicks, and to ma klq this act within their respective sions of the proper coun^^esand^^ under oath to the courts of quarter ses- to see that tlLe^etur s are ?aifhmt v nL^le n^n^^^^^ ^"'^ of the judges of's.id courts known in writing wit liiis o lor imo t ?I. "^^^ '^ f."^ ^'^'^''" ^'' Persons shall make name of any pefso^ or persons w^^^^^^ any such constable the witnesses who can prove thrtkct it ^hinL?^^ violated this act with the names of or amrmation to tV^ proper court and 'T''' '*^"^^^^' ^'" ''^'^ requirements of this section lie sLn h^^n.!! ''^^^"^ ^'''^"''^ ^^ comply with any upon conviction, shallTe liable to rm^^^ ^^.« misdemeanor, and, imposed, and be declared incomDetent to fl undergo imprisonment herein shall be deemed vacant "^^^'"P^tent to lulhll the duties ot his oftlce, and his office Section 4. All acts or parts of acts inconsistent herewith are hereby repealed. m •■'-m Proposed Law of Vermont. (S'ow be/ore the Legislature.) AX ACT Relating to the manufacture and sale ^of^oleon,argari„e and other substitutes for II is hereby enacted by the General Assembly of the State of Vermont ■ day of each monb., .eturn t oX TreaZer f ^ ""'I ?' f^'""' ^'^''"' "" '''« «>•«' of the anio.int manufactured bvsudTrZsonduHni.h^^^^^ """'^'"^ '^>"»'"»'- aim.unt stated to be niaiiufactured varies hv, p., 'r*^ . preceding month. If the amount actually nmnufacturedsucirnerson^^^^^^^ I *"f'' "'"'»""' '''•"'" "« " sLcr ,7 Vl'""" ^' '""'' P-« -"«'-" iSel me thols fd dolfas" "''''' '"""^^ '' bmfe^r rnL ifa' t'l.r^Jfnl^rsl'at'^u'^pSrn""' l"?"'- - "her substitute for the State Treasury the .^ of liftmen cCTu./df",h«'''""*^ "'t '"""<' *""'" P'^y !"'« anionntnianutacturedinanvmontrSnn n»\; iV.^^^^ *' ''"^ "" account f the day of the succeeding monhl ae^^^^^^^ collector of taxes in the t,)wivXresuclnL*n.rL'^^^^ '^"'^ " vvarrant to the terterrofhet ?uSuu";''^of lttoV'^^;".:nlMi'r "'t'^! T". o'-n^argarine. but- Treasurerof the Slate ten th.-usaid dolla s a nl'Trp,»n ^''«'«-^ e, by paying to the of the State two thousand (l-.l ars O "ecein ol thein A,^/t J?"'"'"*''- ^V'« 'i>«a"urer issue a li.tense in suitable form. A ners^,?who l,v l.t =i^?' I"^,' *""' Treasurer shall sells oleomargarine, butterine or o?her subs Uuie >V hf.l'''''''^'. *'''''''?"^ '"■ "S^"*. ENDOFNUM K