placed for convenient delivery upon expected sales they are put out and in one sense exposed for sale. But in our opinion, the words are not so used in the statute under consideration. The prohibited articles are designed and adapted to deceive the eye, and because their appearance is likely to induce those who see them to buy them as the genuine of butter of which they are in imitation, there is special reason for prohibiting their exposure to view. It was held that oleomargarine colored in imitation of yellow butter and kept for sale in a shop so long as it was in a closed and covered refrigerator and could not be seen by customers, was not exposed for sale, notwithstanding there was a sign in the shop to the effect that oleomargarine was sold there. Commonwealth v. Byrnes, 158 Mass., 172.

Sale, what is. A restaurant keeper who furnishes oleomargarine to a customer, as part of a meal ordered by the latter, sells the same, notwithstanding the meal is paid for as a whole and the oleomargarine is not eaten, but carried away: Commonwealth v. Miller, 131 Pa., 118.

A foreign manufacturer who put up oleomargarine in packages evidently adapted for and intended to meet the requirements of an unlawful retail trade in another state, sending them to an agent there for sale to consumers, is not engaged in interstate commerce, but in an effort to carry on a forbidden business: Commonweath v. Paul, 170 Pa., 284.

Ruling of the supreme court of Wisconsin in Meyer v. State, 134 Wis., 156. One of the contentions of plaintiff's in error is: "The court erred in instructing the jury that, although the color of Exhibit A was produced solely by its ingredients they were to consider the claim made by the state that the ingredients were so selected and used in the manufacture of the oleomargarine sold, in such manner and in such quantities and proportion as to produce the oleomargarine so sold which was then and there in imitation of yellow butter." The question whether the article sold by the defendants was the identical thing which is contraband by statute must be determined by the testimony of witnesses who have seen it, or by the testimony of witnesses, aided by an inspection of the article itself, and its resemblance to yellow butter is a factor in such determination. If the article is in imitation of yellow butter, it matters not whether such imitation is brought about by the addition of a dye or by the selection of ingredients. Color is the impression given to the eye by lines of light of various rates of vibration. The reason for the natural color of bodies is a difficult subject, and one that is scarcely yet understood. It has perhaps some relation to the molecular or atomic structure of such bodies, but there is no scientific distinction so far as producing color is concerned between imitating or producing color by the addition of an ingredient known as a dye and added for the purpose alone of producing a given color and the selection and addition of an ingredient which performs the same coloring function, but at the same time adds other qualities to the compound. The words, "which shall be in imitation of," used in describing the contraband compound, imply a conscious imitation in the manufacture thereof. If one forming a compound of several ingredients knowingly select and use an ingredient which imparts to the compound the color of yellow butter, he having choice of ingredients, he will have made his compound in imitation of yellow butter just as well as if he selected a dye. There is, however, this difference, viz., proof of the presence of the dye, which can have no other function than that of producing color shows the conscious imitation quite clearly, while proof of the selection of the ingredients which produced the color of yellow butter, the person selecting having a choice of ingredients, is a fact from which the jury is authorized to infer a conscious imitation notwithstanding such ingredient so selected has other qualities or is in one of its forms or in one of its colors a necessary ingredient of oleomargarine. Whether or not the article in question is in imitation of yellow butter cannot be determined alone by its resemblance to yellow butter, but resemblance aided by evidence of the existence of a dye as one of its ingredients, or resemblance aided by evidence of

the existence of available necessary ingredients which will not impart to the compound the color of yellow butter and or the existence of other available ingredients which will impart to the compound the color of yellow butter, may be considered by the jury as establishing or tending to establish conscious imitation by selection of ingredients. What is yellow butter and whether the article in question is in imitation of yellow butter are questions of fact.

But upon the error assigned in relusing to direct a verdict of acquittal we are required to pass upon the question whether there was in the case at bar a prima facie case made against the accused, and we think there was, because there was evidence from which the jury was authorized to infer conscious imitation in the manufacture of the compound as herein indicated, and because there was evidence tending to show that the accused had knowledge that the compound in which they were dealing was not butter but oleomargarine, and that it resembled yellow butter. Upon this second branch of the inquiry, resemblance to yellow butter, together with knowledge that the compound is not butter, with proof of the fact of selling, shipping, etc., will constitute a prima facie case. But it will be necessary, of course, to cover by the proof both branches of the inquiry. We, therefore, find no error in refusing to direct a verdict of acquittal.

Notice of sale of imitation butter. Section 4607d, Statutes of 1898. Any person who shall sell or offer for sale to any person who asks, sends or inquires for butter, any oleomargarine, butterine or any similar substance made in imitation or semblance of pure butter, not made entirely from the milk of cows, with or without coloring matter, or who shall expose for sale oleomargarine, butterine, or any similar substance not marked and distinguished on the outside of each tub, package or parcel thereof by a placard with the word "oleomargarine," and not having also upon every open tub, package or parcel thereof a placard with the word "oleomargarine," such placard in each case to be printed in plain, uncondensed gothic letters not less than one inch long, and not containing any other words thereon, or who shall sell oleomargarine, butterine or any similar substance from any dwelling, store, office or public mart, without having conspicuously posted thereon the placard or sign, in letters not less than four inches in length, "oleomargarine sold here,' or "butterine sold here," which placard or sign shall be approved by the dairy and food commissioner of this state, or who shall sell or deliver from any cart, wagon or other vehicle, upon the public streets or ways, oleomargarine, butterine or any similar substance, without having on the outside of both sides of said cart, wagon or other vehicle a placard, in uncondensed gothic letters not less than three inches in length, "licensed to sell oleomargarine," or who shall furnish or cause to be furnished in any hotel, boarding-house, restaurant or at any lunch counter, oleomargarine, butterine or any similar substance to

any guest or patron thereof, without first notifying such guest or patron that the substance so furnished is not butter, shall be punished as provided in the last preceding section.

Validity. It is "within the undoubted power of the legislature to prohibit the sale of substances having the semblance of butter or cheese, but not wholly made from pure cream or milk, unless each package of such substance should have printed, stamped or marked thereon, in the manner prescribed by the statute, the name of each article used in, or entering into, the composition of such substance, and this power is possessed by the legislature over the sale of articles protected by letters patent as well as of those not protected:" Palmer v. State, 39 Ohio St., 237.

Notice. The provisions requiring notice are much like the corresponding clauses in ch. 412, Mass. acts, 1891, and have been held not to be in conflict with the federal statute authorizing the sale of oleomargarine: Commonwealth v. Crane, 158 Mass., 218.

Notice given by printed signs and on the bills of fare satisfies the statute; it need not be given, either orally or in writing, to each guest on every occasion when he is furnished with oleomargarine or butterine in the stead of butter: Commonwealth v. Stewart, 159 Mass., 113.

Sale by agent. The Massachusetts statute in terms provides that the penalty imposed for the sale of oleomargarine which is not labeled as it prescribes shall be imposed whether the sale is made by the vendor or his agent. It is held not to be a defense to show that the sale by the agent of an unmarked package or quantity was made through inadvertence; a guilty intent is not an element in the offense: Commonwealth v. Gray, 150 Mass., 327.

Oleomargarine. The defendant in a prosecution for selling oleomargarine from a wagon without having the placard required cannot escape liability because that sold by him is usually known as oleomargarine, looks like pure butter and is not easily distinguished therefrom, and the other kind is dishonestly and designedly made in imitation of the best pure butter. The statute applies to all kinds: Commonwealth v. Crane, 162 Mass., 506.

Section

Imitation butter and cheese in state institutions. 4607e, Statutes of 1898. Any person who shall knowingly or negligently buy or procure for use as food in any of the charitable, correctional or penal institutions of this state any butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter, shall be fined. not exceeding fifty dollars nor less than twenty-five dollars for the first offense, and for each subsequent offense shall be punished by, imprisonment in the county jail not more than ninety days nor less than ten days, or by fine not exceeding one hundred dollars nor less than fifty dollars, or by both fine and imprisonment.

(Sec.

Renovated butter; how marked. Section 4607d-1. 1, ch. 76, 1899, as amended by ch 34, 1905.) No person shall, himself, or by his agent or servant, sell, offer or expose for sale, or have in his possession with intent to sell, or exchange

or deliver renovated butter, or butter which has been melted and its rancidity removed or masked, and which has been regranulated, colored and prepared in imitation or in semblance of genuine creamery butter, unless the substance shall have the words "Renovated Butter" conspicuously stamped, labeled or marked in one or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words cannot be easily defaced, upon two sides of each and every tub, firkin, box or package containing said renovated butter; or, if such butter is exposed for sale uncovered, or not in a case or package, a placard containing said words in the same form. as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser; and when renovated butter is sold from such package or otherwise at retail, in print, roll or other form, before being delivered to the purchaser, it shall be wrapped in wrappers plainly stamped on the outside thereof with the words "Renovated Butter," printed or stamped thereon in one or two lines and in plain Gothic letters at least three-eighths of an inch square, and such wrapper shall contain no other words or printing thereon, and said words "Renovated Butter" so stamped or printed on the said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase.

Peralty. Section 4607d-2. (Sec. 2, ch 76, 1899.) Any person who shall violate any of the provisions of this act (the preceding paragraph) shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than twenty-five nor more than one hundred dollars.

Adulterated honey; penalty. Section 4607f-1. (Sec. 1, ch. 229, 1905.) No person shall, himself, or by his agent or servant, sell, offer or expose for sale or have in his possession with intent to sell as and for honey any substance whatsoever that is not the legitimate and exclusive product of the honey bee, to-wit, the nectar of flowers, honey dew and natural saccharine exudations of plants gathered and stored in the comb by bees. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than thirty days nor more than sixty days.

Sale, etc., of diseased meat, killing diseased animal, etc. Section 4607g. Any person who shall sell or expose for sale, or give away for use as food, or can or pack for the purpose of transportation to and sale in any market or place any unwholesome, stale, emaciated, blown, tainted, putrid or measly meat, or the flesh of any diseased animal or of any animal not slaughtered for the purpose of food knowing or having good reason to believe that such meat is as above described, or that such flesh is the flesh of a diseased animal or of an animal not slaughtered for such purpose, and any person or corporation owning or operating any slaughter-house or packing establishment in this state who shall receive for the purpose of killing, or kill, any diseased animal, or render the carcass of any animal that shall die by disease or in consequence of exposure, or that shall not have been slaughtered for food, knowing or having good reason to believe that such animal was diseased, or had died from disease or in consequence of exposure, or had not been slaughtered for food, such person shall be punished by imprisonment in the county jail not exceeding six months nor less than ten days, or by fine of not more than one hundred dollars nor less than ten dollars, or both, and such corporation shall be fined not more than five hundred dollars nor less than ten dollars.

Obstructing dairy and food officers; penalty. Section 4607h. (As amended by ch. 78, 1907.) Any person who shall obstruct the dairy and food commissioner of this state or either of his assistants, chemists or inspectors in the performance of their duty by refusing him entrance to any place he is authorized to enter or by refusing to deliver to him a sample of any article of food, drink or drug made, sold, offered, or exposed for sale by the person to whom request therefor is made if the value thereof is tendered, shall be * guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than ten days nor more than sixty days.

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Sale of vinegar; standards therefor; penalty. Section 4607i. (As amended by ch. 297, 1905, as amended by ch. 370, 1907.) No person shall sell, manufacture for sale, offer or expose for sale or have in his possession with intent to sell as apple, orchard or cider vinegar, any vinegar which has not been made exclusively by the fermentation of pure apple juice,