Page images
PDF
EPUB

March 3, 1899, relating to the twelfth census, not inconsistent with the provisions of this act, shall remain in full force and effect for the taking of the thirteenth and subsequent censuses.

"SEC. 7. That section 8 of the act of March 3, 1899, is hereby amended so as to read as follows: That after the completion and return of the enumeration and of the work upon the schedules relating to the products of agriculture and to manufacturing and mechanical establishments provided for in section 7 of this act, the director of the census is hereby authorized decennially to collect statistics relating to special classes, including the insane, feeble-minded, deaf, dumb, and blind; to crime, pauperism, and benevolence, including prisoners, paupers, juvenile delinquents, and inmates of benevolent and reformatory in stitutions; to social statistics of cities; to public indebtedness, valuation, taxation, and expenditures; to religious bodies; to electric light and power, telephone, and telegraph business; to transportation by water, express business, and streetrailways; to mines, mining, quarries and minerals, and the production and value thereof, including gold in divisions of placer and vein, and silver-mines, and the number of men employed, the average daily wage, average working time, and aggregate earnings in the various branches and aforesaid divisions of the mining and quarrying industries until July 1, 1904. And the director of the census shall prepare schedules containing such interrogatories as shall in his judgment be best adapted to elicit the information required under these subjects, with such specifications, divisions, and particulars under each head as he shall deem necessary to that end, and all reports prepared under the provisions of this section shall be designated as Special reports of the Census Office.' For the purpose of securing the statistics required by this section, the director of the census may appoint special agents when necessary, and such special agents shall receive compensation as hereinafter provided: Provided, That the statistics of special classes, and of crime, pauperism, and benevolence specified in this section, shall be restricted to institutions containing such classes and the director of the census is authorized and directed to collect statistics relating to all of the deaf, dumb, and blind, notwithstanding the restrictions and limitations contained in section 8 of said act entitled: An Act to provide for taking the twelfth and subsequent censuses': Provided, That in taking the census of said classes the inquiries shall be confined to the following 4 questions, namely: Name, age, sex, and post-office address.

"SEC. 8. That there shall be a collection of the statistics of the births and deaths in registration areas for the year 1902, and annually thereafter, the data for which shall be obtained only from and restricted to such registration records of such States and municipalities as in the discretion of the director possess records affording satisfactory data in necessary detail, the compensation for the transcription of which shall not exceed 2 cents for each birth or death reported.

"SEC. 9. That in the year 1905, and every ten years thereafter, there shall be a collection of the statistics of manufactures, confined to manufacturing establishments conducted under what is known as the factory system, exclusive of the so-called neighborhood and mechanical industries; and the director is hereby authorized to prepare such schedules as in his judgment may be necessary to carry out the provisions of this section; and that in addition to the statistics now provided for by law the director of the census shall

annually collect the statistics of the cotton production of the country as returned by the ginners and bulletins giving the results of the same shall be issued weekly beginning Sept. 1 of each year and continued till Feb. 1 following; and that the director of the census shall make, from time to time, any additional special collections of statistics relating to any branch of agriculture, manufacture, mining, transportation, fisheries, or any other branch of industry that may be required of him by Congress.

"SEC. 10. That section 17 of the act of March 3, 1899, is hereby amended so as to read as follows:

"SEC. 17. That the special agents appointed under the provisions of this act have like authority with the enumerators in respect to the subjects committed to them under this act and shall receive compensation at rates to be fixed by the director of the census: Provided, That the same shall in no case exceed $6 per day and actual necessary traveling expenses and an allowance in lieu of subsistence not exceeding $3 per day during their necessary absence from their usual place of residence: And provided further, That no pay or allowance in lieu of subsistence shall be allowed special agents when employed in the Census Office on other than the special work committed to them, and no appointments of special agents shall be made for clerical work: And provided further, That the director of the census is hereby authorized in his discretion to employ the clerical force of the Census Office for such field-work as may be required to carry out the provisions of sections 7, 8, and 9, in lieu of employing special agents for that purpose; and such employees when so employed shall be allowed, in addition to their regular compensation, actual necessary traveling expenses and an allowance in lieu of subsistence not exceeding $3 per day during their necessary absence from the Census Office. All employees of the Census Office shall be citizens of the United States.'

"SEC. 11. That the printing-office established in the Census Office is hereby abolished to take effect July 1, 1902, and the outfit and equipment therein shall be turned over to the public printer; and the director of the census is hereby authorized and directed to have printed, published, and distributed, from time to time, bulletins and reports of the preliminary and other results of the various investigations authorized by law; and all of said printing and binding shall be done by the public printer at the Government Printing-Office.

"SEC. 12. That the supplemental acts amendatory of the act of March 3, 1899, approved Feb. 1, 1900, May 10, 1900, June 2, 1900, Feb. 23, 1901, are hereby repealed; and all provisions of the act of March 3, 1899, inconsistent with this act are hereby repealed."

Oleomargarine and Dairy-Products.-A bill "to make oleomargarine and other imitation dairy-products subject to the laws of any State or Territory or the District of Columbia into which they are transported, and to change the tax on oleomargarine, and to amend an act entitled 'An Act defining butter, also imposing a tax upon and regulating the manufacture. sale, importation, and exportation of oleomargarine,' approved Aug. 2, 1886," was taken up for discussion in the House of Representatives Feb. 3, 1902. It provided that oleomargarine brought into one State from another for sale be subject to the laws of the locality, and that a tax of 10 cents a pound be levied on the manufacture of oleomargarine made in imitation of yellow butter. In support of the measure, Mr. Haskins, of Connecticut, speaking

for the majority of the Committee on Agriculture, said:

The proposed legislation is not intended to be oppressive or unduly arbitrary, and only proposes adequate protection for the consuming public. It is the manifest duty of the governing power to prevent fraud and imposition upon those unable to protect themselves. Legislation tending to this end is as legitimate as laws for the prevention and punishment of crime and misdemeanors. Pure food of all kinds should be guaranteed to every citizen. The purchaser of all articles of food has a right to know what he is buying and consuming. If disguised, mixed, or blended, the manufacturer should be compelled to disclose the kind and quality of the ingredients used and certify to the purity and wholesomeness of the materials sold to a trusting public. It is not unjust or inquisitional to subject producers and manufacturers to governmental inspection and control. Police supervision has long been exercised over the production and sale of milk and other dairyproducts. Proper supervision is sought rather than opposed by every honest manufacturer and dealer. Reputable and inviolate trade-marks are invaluable. Manufacturers in all branches of textile and other industries fully realize this fact and carefully maintain high standards of excellence. This is equally true of the producers of cereals and other food-products. Why should manufacturers of oleomargarine or butterine be an exception to the general rule? Indeed, it is difficult to understand upon what reasonable grounds manufacturers of honestly made oleomargarine object to the proposed legislation.

"The pending majority bill, if enacted into law, will, hopefully, make the manufacture of oleomargarine colored in imitation of butter and deceptively sold unprofitable. To this end the internal-revenue tax upon colored oleomargarine is increased from 2 cents to 10 cents per pound, while the tax upon the uncolored article is reduced to one-fourth cent per pound, a nominal tax, merely imposed to maintain Government supervision and police control.

The discrimination between the colored and uncolored will not and is not intended to ruin a legitimate industry. Your committee were strengthened in this conviction by testimony given at the committee hearings by manufacturers of oleomargarine. One manufacturer stated that one-half of his monthly product of 700,000 pounds, or about 350,000 pounds, is uncolored. Another manufacturer, when asked 'If, in his opinion, uncolored oleomargarine can be profitably made and sold,' replied: "It is sold to some extent already, and I am one of those who believe that oleomargarine, having been used for more than a quarter of a century, there are some people at least who have learned that it is a wholesome and cheap article of food, and will continue to use it. These people, if the colored is not obtainable, will use the uncolored.'

66

Properly manufactured from pure materials, the wholesomeness of oleomargarine is not challenged. The only question at issue is: Shall or shall not oleomargarine be colored and sold in the semblance of yellow butter?' Using the words of ex-Gov. Hoard, who ably argued the case from a diaryman's standpoint before the Committee on Agriculture, 'It is not oleomargarine the substitute for butter that we are fighting, but oleomargarine the counterfeit.' We do not care how much oleomargarine is made and sold as long as it is so manufactured as not to conflict through deception with the sale of our product. If a man prefers a mixture of lard,

tallow, and cotton-seed oil to butter, there is no reason why he should not have it. We do not ask that a single ingredient that is nourishing be omitted from the mixture. He can have it to imitate butter in taste, smell, grain, and consistency--we concede him all this. We only ask one thing that there be about the product itself some characteristic by which the public can readily distinguish it from an article of food which has been known for four thousand years in the form it is now produced. We demand the distinction in color because there is no nutrition in color.

"The great consuming public are still unprotected from the imposition of unscrupulous manufacturers. The present Federal laws are obviously inadequate to correct a growing evil, and more stringent measures are demanded. Farmers and dairymen in all sections of the country believe that the bill reported by the majority of your committee, if enacted into law, will, without injustice to the honest manufacturers of oleomargarine, afford a fair and just degree of protection and give needed encouragement to the great farm industries of the country-industries that all will admit form the bed-rock foundation of our national prosperity."

The minority of the members of the committee presented a substitute bill described as not shaped to prevent the manufacture of oleomargarine or its legitimate sale, but to prevent its fraudulent sale as butter. They said:

"The purpose of the substitute bill, offered by the minority, is not to prevent the manufacture of oleomargarine or its legitimate sale, but to prevent it from being fraudulently sold for butter. To accomplish this end it throws such safeguards about the retail sale of the article (the only operation in which, under existing law, it is possible for fraud to be committed) as, in our opinion, to entirely eliminate all possibility of fraud in such retail sales and compel all dealers in oleomargarine to sell it for what it really is and not for butter. The substitute offered is really an amendment to sections 3 and 6 of the existing oleomargarine law. The annual licenses for the manufacture and sale of oleomargarine ($600 for manufacturers, $480 for wholesalers, and $48 for retailers) are not lessened, while the penalties imposed for violation of the law are materially increased." In advocating the minority measure, Mr. Foster, of Illinois, said:

"Mr. Chairman, in my judgment the bill relating to oleomargarine as reported by the majority of the Committee on Agriculture is the most unjust and vicious measure in principle ever submitted to a legislative body. To begin with, the bill is not properly named. It should be entitled A bill to create a butter monopoly, by throttling legitimate industry.' I can not understand, Mr. Chairman, how any fair-minded man can vote for this bill, especially when he has the alternative of voting for the entirely just and proper measure proposed by the minority of the committee.

[ocr errors]

"Let us examine briefly these two measures and see what it is they would accomplish if enacted. The majority bill on its face provides that oleomargarine shall be subject in any State to the laws of that State. Now, as 32 States, through their legislatures, have been prevailed upon to pass laws forbidding the manufacture and sale therein of oleomargarine colored in resemblance of butter, if this bill should become a law such colored oleomargarine manufactured in other States could not be taken into and sold in those 32 States, even in the original packages. This would at once deprive oleomargarine of the larger part of

its market, and the rest of it would also be swept away by the other provision of the bill, namely, that all oleomargarine colored to resemble butter shall be taxed 10 cents a pound. In other words, this bill is simply aimed at the total and utter destruction of the oleomargarine industry.

"This is plainly evident from the wording of the bill, and what is more, it is acknowledged openly and defiantly by the promoters of the bill. Several of them have said so, in plain English, in their testimony before the committee, and all the others might as well have done so, for their purpose is perfectly obvious to everybody. This is absolutely all there is to the committee's bill-a barefaced, naked attempt to break up and ruin an industry which is just as proper and legitimate as the butter industry, and has been pronounced so by the Supreme Court of the United States and by other courts, and also by leading scientists, and by the great American public at large speaking through their representatives in Congress.

The Supreme Court's language was, in its celebrated decision of 1898, the Schollenberger case, that 'oleomargarine had become a proper subject of commerce among the States and foreign countries.' Yet in the face of this decision of our highest court it is now coolly proposed by the promoters and sponsors of this bill to wipe out the entirely proper and legitimate industry of the manufacture and sale of oleomargarine. And why? This is not stated in the bill; but in the reports and remarks on the subject oleomargarine is referred to as an adulterated article of food,' and a 'deceitful article of food.'

"The charge of adulteration, Mr. Chairman, is absolutely false. The ingredients of oleomargarine are as pure and wholesome as the ingredients of butter. They have been so characterized by dozens of the highest scientific authorities in the country, as is well known by everybody-by such men as Prof. Chandler, of Columbia University; Prof. Barker, of the University of Pennsylvania; Prof. Johnson, of Yale University; Prof. Atwater and Prof. Wiley, of the United States Agricultural Department; and by many others as eminent.

The article has been in common use by millions of people for many years, and no injury has been received from it by any one, nor any complaint made about it by any one except by the dairymen and butter monopolists. It is as nutritious and as wholesome as butter, and in many respects it is more so. It is as sweet and as palatable, and it is far cheaper, thereby enabling those of moderate or restricted means to obtain a perfectly satisfactory substitute for butter at a price within their ability to pay. And now these butter monopolists would deny to thousands-I might say to millions of poor people the use of this, a perfectly pure and healthful substitute, on the false charge of adulteration. They make a great ado with their sneers about 'hog fat,' but, Mr. Chairman, it is not the oleomargarine men, but the butter men, who are showing a disposition to hog' it in this competition.

"Coming now to the charge of deceit, what do they mean by that? Much has been said about it by the distinguished gentleman from Vermont, and what is meant by deceit? If it is meant that the honest manufacturers and sellers of oleomargarine practise any deceit in the disposing of oleomargarine as oleomargarine, that charge is as false as the charge of adulteration; but if it is meant that some unscrupulous and dishonest dealers sell oleomargarine as butter, that of course is deceit, and the friends of oleomargarine are just as anxious as the friends of butter that it should be punished and put a stop to. No doubt

much of that sort of deceit has been practised in various parts of the country from time to time, and that is in reality the only complaint made against the present oleomargarine law that will hold water at all.

"Now, the friends of the pending bill propose to prevent this deceit, not by punishing those who are guilty of it, nor by preventing them from having any opportunity hereafter to pursue it— oh, no-but by uprooting and annihilating the whole oleomargarine industry! That is very much, Mr. Chairman, like curing a man's cough by cutting his head off.

"The friends of the minority or substitute bill, on the other hand, earnestly urge the members of this body and the public at large to examine this measure and judge of it fairly and impartially. If examined in this spirit the substitute bill will certainly convince anybody and everybody that it covers fully this point of deceit,' which is the only valid point against oleomargarine, and that it provides fully for the prevention and punishment of those who are guilty of deceit in the premises.

66

"By the terms of this substitute bill each 1 and 2 pound package is made an original package, and retail dealers in oleomargarine shall sell only the original package to which the tax-paid stamp is affixed. In that way, Mr. Chairman, every separate piece of oleomargarine exposed or of fered for sale would bear its title on its face and would be known to all men for what it really was. What more than this could be asked by any reasonable man? Here is oleomargarine, already recognized and defined by our Supreme Court as a lawful article of commerce between the States, and here are those who manufacture and sell it, ready and willing and anxious to manufacture and sell it for what it really is, and to stamp its proper name on each and every package of it.

"And here, on the other hand, are the butter monopolists, who are hurt by its sale, and who say, 'No; we will not let oleomargarine be sold at all-we will crush it out of existence.' For that, Mr. Chairman, is what they will do if they can pass their bill. They will impose a prohibitory tax of 10 cents a pound on oleomargarine, which would raise its price to a level where nobody could afford to buy it; and, more than that, they will forbid it to be sold in 32 States of the Union at any price."

The measure of the majority of the Committee on Agriculture was amended and passed Feb. 12. In the Senate the rival methods of dealing with the matter, advocated in the House, were argued; and the bill was passed April 3 with 11 amendments, 10 of which the House accepted, concurring on the eleventh, after amending it. The Senate approved, and the President signed the bill, May 9, 1902. It is as follows:

"Be it enacted, etc., That all articles known as oleomargarine, butterine, imitation, process, renovated, or adulterated butter, or imitation cheese, or any substance in the semblance of butter or cheese not the usual product of the dairy and not made exclusively of pure and unadulterated milk or cream, transported into any State or Territory, or the District of Columbia, and remaining therein for use, consumption, sale, or storage therein, shall, upon the arrival within the limits of such State or Territory or the District of Columbia, be subject to the operation and effect of the laws of such State or Territory or the District of Columbia enacted in the exercise of its police powers to the same extent and in the same manner as though such articles or sub

stances had been produced in such State or Territory or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.

"SEC. 2. That the first clause of section 3 of an act entitled 'An Act defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine,' approved Aug. 2, 1886, be amended by adding thereto after the word 'oleomargarine,' at the end of said clause, the following words:

"And any person that sells, vends, or furnishes oleomargarine for the use and consumption of others, except to his own family table without compensation, who shall add to or mix with such oleomargarine any artificial coloration that causes it to look like butter of any shade of yellow, shall also be held to be a manufacturer of oleomargarine within the meaning of said act, and subject to the provisions thereof.'

"Section 3 of said act is hereby amended by adding thereto the following: Provided further, That wholesale dealers who vend no other oleomargarine or butterine except that upon which a tax of one-fourth of 1 per cent. per pound is imposed by this act, as amended, shall pay $200, and such retail dealers as vend no other oleomargarine or butterine except that upon which is imposed by this act, as amended, a tax of one-fourth of 1 per cent. per pound shall pay $6.'

"SEC. 3. That section 8 of an act entitled 'An Act defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine,' approved Aug. 2, 1886, be, and the same is hereby, amended so as to read as follows:

"SEC. 8. That upon oleomargarine which shall be manufactured and sold, or removed for consumption or use, there shall be assessed and collected a tax of 10 cents per pound, to be paid by the manufacturer thereof; and any fractional part of a pound in a package shall be taxed as a pound: Provided, When oleomargarine is free from artificial coloration that causes it to look like butter of any shade of yellow said tax shall be one-fourth of 1 cent per pound. The tax levied by this section shall be represented by coupon stamps; and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by this

section.'

"SEC. 4. That for the purpose of this act butter' is hereby defined to mean an article of food as defined in An Act defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine,' approved Aug. 2, 1886; that 'adulterated butter' is hereby defined to mean a grade of butter produced by mixing, reworking, rechurning in milk or cream, refining, or in any way producing a uniform, purified, or improved product from different lots or parcels of melted or unmelted butter or butter fat, in which any acid, alkali, chemical, or any substance whatever is introduced or used for the purpose or with the effect of deodorizing or removing therefrom rancidity, or any butter or butter fat with which there is mixed any substance foreign to butter as herein defined, with intent or effect of cheapening in cost the product or any butter in the manufacture or manipulation of which any process or material is used with intent or effect of causing the absorption of abnormal quantities of water, milk, or cream; that 'process butter' or

[blocks in formation]

66

'Wholesale dealers in adulterated butter shall

pay a tax of $480 per annum, and retail dealers in adulterated butter shall pay a tax of $48 per annum. Every person who sells adulterated butter in less quantities than 10 pounds at one time shall be regarded as a retail dealer in adulterated butter.

"Every person who sells adulterated butter shall be regarded as a dealer in adulterated butter. And sections 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, and 3243 of the Revised Statutes of the United States are, so far as applicable, made to extend to and include and apply to the special taxes imposed by this section and to the person upon whom they are imposed.

"That every person who carries on the business of a manufacturer of process or renovated butter or adulterated butter without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than $1,000 and not more than $5,000; and every person who carries on the business of a dealer in adulterated butter without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than $50 nor more than $500 dollars for each offense.

"That every manufacturer of process or renovated butter or adulterated butter shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns of material and products, shall put up such signs and affix such number of his factory, and conduct his business under such surveillance of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require. But the bond required of such manufacturer shall be with sureties satisfactory to the collector of internal revenue, and in a penal sum of not less than $500; and the sum of said bond may be increased from time to time and additional sureties required at the discretion of the collector or under instructions of the Commissioner of Internal Revenue.

"That all adulterated butter shall be packed by the manufacturer thereof in firkins, tubs, or other wooden packages not before used for that purpose, each containing not less than 10 pounds, and marked, stamped, and branded as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; and all sales made by manufacturers of adulterated butter shall be in original stamped packages.

[blocks in formation]

Every person who knowingly sells or offers for sale, or delivers or offers to deliver, any adulterated butter in any other form than in new wooden or paper packages as above described, or who packs in any package any adulterated butter in any manner contrary to law, or who falsely brands any package or affixes a stamp on any package denoting a less amount of tax than that required by law, shall be fined for each offense not more than $1,000 and be imprisoned not more than two years.

[ocr errors]

That every manufacturer of adulterated butter shall securely affix, by pasting, on each package containing adulterated butter manufactured by him a label on which shall be printed, besides the number of the manufactory and the district and State in which it is situated, these words: "Notice. That the manufacturer of the adulterated butter herein contained has complied with all the requirements of law. Every person is cautioned not to use either this package again or the stamp thereon, nor to remove the contents of this package without destroying said stamp, under the penalty provided by law in such cases. Every manufacturer of adulterated butter who neglects to affix such label to any package containing adulterated butter made by him, or sold or offered for sale for or by him, and every person who removes any such label so affixed from any such package shall be fined $50 for each package in respect to which such offense is committed.

"That upon adulterated butter, when manufactured or sold or removed for consumption or use, there shall be assessed and collected a tax of 10 cents per pound, to be paid by the manufacturer thereof, and any fractional part of a pound shall be taxed as a pound, and that upon process or renovated butter, when manufactured or sold or removed for consumption or use, there shall be assessed and collected a tax of one-fourth of 1 cent per pound, to be paid by the manufacturer thereof, and any fractional part of a pound shall be taxed as a pound. The tax to be levied by this section shall be represented by coupon stamps, and the provisions of existing laws governing engraving, issuing sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to the stamps provided by this section.

"That the provisions of sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of An Act defining butter, also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine,' approved Aug. 2, 1886, shall apply to manufacturers of 'adulterated butter' to an extent necessary to enforce the marking, branding, identification, and regulation of the exportation and importation of adulterated butter.

"SEC. 5. All parts of an act providing for an inspection of meats for exportation, approved Aug. 30, 1890, and of an act to provide for the inspection of live cattle, hogs, and the carcasses and products thereof which are the subjects of interstate commerce, approved March 3, 1891, and of amendment thereto approved March 2, 1895, which are applicable to the subjects and purposes described in this section shall apply to process or renovated butter. And the Secretary of Agriculture is hereby authorized and required to cause a rigid sanitary inspection to be made, at such times as he may deem proper or necessary, of all factories and storehouses where process or renovated butter is manufactured, packed, or prepared for market, and of the products thereof and

materials going into the manufacture of the same. All process or renovated butter and the packages containing the same shall be marked with the words Renovated Butter' or 'Process Butter' and by such other marks, labels, or brands and in such manner as may be prescribed by the Secretary of Agriculture, and no process or renovated butter shall be shipped or transported from its place of manufacture into any other State or Territory or the District of Columbia, or to any foreign country, until it has been marked as provided in this section. The Secretary of Agriculture shall make all needful regulations for carrying this section into effect, and shall cause to be ascertained and reported from time to time the quantity and quality of process or renovated butter manufactured, and the character and the condition of the material from which it is made. And he shall also have power to ascertain whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such deleterious or unwholesome materials are found to be used in product intended for exportation or shipment into other States or in course of exportation or shipment he shall have power to confiscate the same. Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment not less than one month nor more than six months, or by both said punishments, in the discretion of the court.

66

SEC. 6. That wholesale dealers in oleomargarine, process, renovated, or adulterated butter shall keep such books and render such returns in relation thereto as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may, by regulation, require; and such books shall be open at all times to the inspection of any internal-revenue officer or agent. And any person who wilfully violates any of the_provisions of this section shall for each such offense be fined not less than $50 and not exceeding $500, and imprisioned not less than thirty days nor more than six months.

"SEC. 7. This Act shall take effect on the 1st day of July, 1902."

The Congress likewise passed, and the President approved, July 1, 1902, an act "to prevent the false branding or marking of food and dairy products as to the State or Territory in which they are made or produced." It is as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person or persons, company or corporation, shall introduce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any diary or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others.

"SEC. 2. That if any person or persons violate the provisions of this act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 nor more than $2.000; and that the jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committeed."

« PreviousContinue »