Union Agricultural and Horticultural Society (Trums).... 2,531 60 During the work of apportioning the money of this year to the several societies the question arose relative to the construction of the statute, namely, as to whether prizes other than those paid in cash given as premiums be considered at a given value, as premiums paid, in determining the amount of money to be apportioned to a society. That question was submitted to Hon. John Cunneen, Attorney-General, on June 14, 1904. In response to the question submitted the Attorney-General gave his opinion, as follows: STATE OF NEW YORK, ALBANY, June 24, 1904. To the Honorable, the Commissioner of Agriculture. Sir: I beg to acknowledge the receipt of your communication of the 14th instant, in which you request an opinion upon the following question, viz.: Under section 88 of the Agricultural Law, which provides for receipts and apportionment of moneys for the promotion of agriculture, it is provided: Of such moneys already appropriated, or hereafter appropriated, there shall be apportioned and distributed to such county agricultural societies, American Institute of the City of New York and such various town or other agricultural societies, or agricultural clubs, or agricultural fair associations, or agricultural expositions, hereinafter mentioned, in proportion to the actual premiums paid during the previous year. * * * No such American Institute of the City of New York, or such county agricultural society, or such town or other agricultural society, or such agricultural fair association, or such agricultural exposition, or such agricultural club, shall receive any more money under the provisions of this act, in any one year, than they actually paid out in premiums the next preceding year, exclusive of the premiums paid for trials. of tests of speed, skill or endurance of man or beast. Under these provisions of the section above referred to, and other provisions of the same section, should the Department of Agriculture take into consideration premiums paid or given by any one of the above societies, associations or clubs, other than they actually paid in cash to the exhibitor; that is, if the association buys for cash a given article of any kind, like a stove or a suit of clothes, and then gives such article as a premium, can this Department take into consideration the amount paid by such society for such stove or clothes as so much premium paid by such society, in making an apportionment of moneys to the society. I am of the opinion that the above section does not contemplate that the Commissioner of Agriculture, in making the apportionment of moneys to the societies, associations or clubs, shall take into consideration any premium paid or given by any society, association or club named in said section, other than those actually paid in cash to the exhibitor. Sections 91 and 92 of the Agricultural Law are relative to maple sugar and maple syrup. They provide as follows: Section 91. (1) No person shall manufacture for sale, keep for sale, or offer or expose for sale, any sugar in imitation or semblance of maple sugar which is not pure maple syrup, nor any syrup in imitation or semblance of maple syrup, which is not pure maple syrup, nor shall any person manufacture, offer or expose for sale any sugar as and for maple sugar which is not pure maple sugar, nor any syrup as and for maple syrup which is not pure maple syrup. (2) For the purpose of this act the term "maple sugar" shall be deemed to mean sugar made from pure maple sap or pure maple sugar, and the term "maple syrup" shall be deemed to mean syrup made from pure maple sap. (As amended by chapter 194 of the Laws of 1898.) Section 92. No person shall manufacture, sell or expose for sale, any compound or mixture as and for sugar which shall be made by any maple sugar mixed with any other sugar or any other substance without branding or labeling the said sugar with a statement giving the ingredients of which it is made up. No person shall manufacture, sell, expose for sale, or offer for sale any compound or mixture as syrup which shall be made up of maple syrup mixed with any other syrup or ingredient without branding or labeling said syrup with a statement giving the ingredients of which it is made up. This shall not be construed to apply to a syrup or syrups manufactured and sold for medicinal purposes only. (Added by chapter 194 of the Laws of 1898.) PROSECUTIONS. Under the provisions of these sections I have caused samples of the sugars and syrups being sold upon the market which were in imitation or semblance of maple sugar and maple syrup, to be examined from time to time, and as a result I have referred to the Attorney-General for such action as the facts might warrant for violation of the provisions of these sections, the following cases: 153 July 15, 1904. Maple syrup Plainly the intent of these sections is to prevent deception of the purchasing and consuming public by an undue zeal which expresses itself in advertising matter and is commonly excused under the term or statement that it is commercial enterprise. This zeal of commercial enterprise manifests itself in different ways, but, particularly in the drafting of labels designed to comply with the letter of the law without complying with its spirit. Oftentimes such labels if placed upon vessels or bottles containing syrup would lead the unobserving or undiscerning purchaser to believe that he was buying the pure product of the maple grove when as a matter of fact there would be scarcely anything there that had ever come from such a grove. For instance, labels have been submitted on which appeared the words: "Pure Syrup Maple Flavor" or "Pure Vermont Sugar, manufactured by None of the syrups bearing such labels were pure maple syrup and some of them had very little, if any, of the product from the maple tree in them. All labels of this kind have been rejected and in nearly every case they have been held to be improper labels to be used under these sections, and the manufacturers and producers as a rule have so changed them and have stated the facts as required by the statute. So that nearly all the syrups of this kind now exposed for sale upon the market are properly labeled. It is fair to say that the average dealer in these goods desires to comply with the law. This desire, however, oftentimes seems to be inspired with a reluctance to give a competitor any undue advantage by reason thereof. ARTICLE VIII. Article 8 is composed of five sections, from 110 to 114, inclusive, and is relative to the manufacture and sale of paris green within the State of New York, under the following captions: Section 110. State manufacturer and the dealer in original packages to file certificate with commissioner of agriculture. 111. Certificate to be given by commissioner of agriculture to state manufacturer and dealer in original packages. 112. Composition of paris green. 113. Paris green to be analyzed at experiment station. 114. Penalty for violations. Under the provisions of this article I have issued certificates for the manufacture and sale of paris green, as provided in section 111, to the following firms, associations or corporations: F. W. Devoe & C. T. Raynolds Co., 101 Fulton St., New York. Fred L. Lavanburg, 100 William St., New York. I. Pfeiffer, 92 William St., New York. O. W. Clark & Son, Buffalo, N. Y. Leggett & Brother, 301 Pearl St., New York. John Lucas & Co., 89 Maiden Lane, New York. Adler Color & Chemical Works, 100 William St., New York. Morris Herman & Co., 68 William St., New York. A. B. Ausbacher & Co., 4 Murray St., New York. Section 113 provides that the Director of the New York Agricultural Experiment Station at Geneva shall examine, or cause to be examined, the different brands of paris green sold, offered or exposed for sale within the State and shall report the result of the analyses, to the Commissioner of Agriculture. Section 114 provides the penalties for such violations. No reports have been made of any violations of the above statute. |