oleomargarine

All substances heretofore known as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine, and neutral; all mixtures and compounds of oleomargarine, oleo, olemargarine oil, butterine, lardine, suine, and neutral; all lard extracts and tallow extracts; and all mixtures and compounds of tallow, beef fat, suet, lard, lard oil, vegetable oil, annotto, and other coloring matter, intestinal fat, and offal fat made in imitation or semblance of butter, or calculated or intended to be sold as butter or for butter

Artificial butter made out of animal fat, milk, and other substances; imitation butter. Anderson’s L. Diet. Oleomargarine is a recognized article of food and commerce, and being thus a lawful article of commerce it cannot be wholly excluded from importation into a state from another state where it was manufactured, though the former state may so regulate the introduction as to insure purity, without having the power totally to exclude it; Schollenberger v. Pennsylvania, 171 U. S. 3, 18 Sup. Ct. 757, 43 L. Ed. 49. This case was followed in People v. Crawford Co., 02 Misc. 240, 114 N. Y. Supp. 945, where it was held that the law may validly prescribe that it shall be sold for what it actually is and that the introduction of substances merely to make it resemble butter and sell therefor may be prohibited. The New Hampshire act prohibiting the sale of oleomargarine unless it is of a pink color is invalid as being, in necessary effect, prohibitory. The act is not an inspection law, it provides for no inspection, and apparently none was intended. It is an absolute prohibition of the sale of an article of commerce; Collins v. New Hampshire, 171 U. S. 30, 18 Sup. Ct. 708, 43 L. Ed. 00. The Massachusetts act of March 10th, 1891, “to prevent deception in the manufacture and sale of imitation butter,’’ in its application to the sales of oleomargarine artificially colored and brought into Massachusetts, is in conflict with the commerce clause of the federal constitution; Plumley v. Massachusetts, 155 U. S. 461, 15 Sup. Ct. 154, 39 L. Ed. 223. An act prohibiting the manufacture and sale of oleomargarine of any shade or tint of yellow is invalid, it appearing that the product was perfectly healthful and free from coloring matter and that the result of the act was not to prevent fraud or to aid the public health, but to prohibit making a wholesome article; State v. Hanson, 118 Miuu. 85, 136 N. W. 412, 40 L. R. A. (N. S.) 805, Ann. Cas. 1913E, 405. yellow butter, is a valid exercise of the police power; Com. v. Huntley, 156 Mass. 236, 30 N. E. 1127, 15 L. R. A. 839. A state has the power to determine whether to permit the manufacture and sale of oleomargarine within the state or entirely to forbid the same, so long as the legislation is therein confined; Powell v. Pennsylvania, 127 U. S. 678, 8 Sup. Ct. 992, 1257, 32 L. Ed. 253, explained in Schollenbergor v. Pennsylvania, 171 U. S. 16, 18 Sup. Ct. 757, 43 L. Ed. 49. Under its taxing power and in connection with the internal revenue system, congress has passed a law defining butter and oleomargarine and imposing a tax upon and regulating the sale, etc., of oleomargarine. See U. S. v. Eaton, 144 U. S. 677, 12 Sup. Ct. 764* 36 L. Ed. 591. Such legislation does not infringe the constitutional guaranty of due process of law because its effect may be to suppress the manufacture of the article; Mc Cray v. U. S., 195 IT. S. 27, 24 Sup. Ct. 769, 49 L. Ed. 78, 1 Ann. Cas. 501; Cliff v. U. S., 195 U. S. 159, 25 Sup. Ct 1, 49 L. Ed. 139. In many of the states the manufacture and sale of this substance are prohibited by statute, unless made in a specified form and in such manner as will inform the buyer as to its real character. In England, all packages must be marked, as must each parcel exposed for sale. See [1895] 2 Q. B. 057. See Original Package. 0LER0N, LAWS OF. See Code. OLIGARCHY (Gr. b?Jyoc and apxf/. The government of a few). A name given to designate the power which a few citizens of a state have usurped, which ought by the constitution to reside in the people. Among the Romans, the government degenerated several times into an oligarchy, — for example, under the decemvirs, when they became the only magistrates in the commonwealth. See Government.

An _ artificial imitation of butter, made chiefly from animal fats. ltssale is prohibited by statute in several states. See 114 Pa. St. 265, 7 Atl. Rep. 918; 127 U.S. 678, 8 Sup. Ct. Rep. 992, 1257; 63 Md. 596; 36 Minn, 69, 30 N. W. Rep. 308; 77 Mo. 110; 105 N. Y. 123, 11 N. E, Rep. 277; 64 N. H. 549, 15 Atl. Rep. 210.