the rights, privileges and immunities of your orators as citizens of the United States, in the conduct of legitimate interstate commerce and business carried on and conducted by the sale and delivery in original packages of oleomargarine, and selling the same for what they are, without fraud or deception, and without any intent to interfere with or violate any law of the State of New York, or interfere with any legitimate police regulation of the State, or its citizens thereof.

Your orators further show unto your honors that there is now pending in the Supreme Court of the United States a case in which your orators are interested, involving the right and authority of your orators to sell oleomargarine in original packages in the State of Massachusetts, wherein the laws applicable to dairy products and in many particulars the same as those in the State of New York, which case is in position to be argued in March next, when the constitutionality and the validity of the acts set forth in this bill of complaint will be reviewed and considered by the Supreme Court of the United States; and that for all of the reasons aforesaid, your orators humbly pray that your honors may grant a temporary injunction, restraining the defendants from the continuance of their acts and conduct until the hearing and decision of this case, to the end that the question pending between your orators and the defendants is determined and settled by this court; and that your orators have upon the decision of this court a perpetual injunction restraining the defendants and their successors from interfering with your orators' sale of oleomargarine in original packages as an article of interstate commerce in the State of New York, and their instituting any civil or criminal prosecution against your orators, or any of their agents, servants or customers.

Your orators further show unto your honors, that they are perfectly responsible and able to pay all penalties obtained against any of their said agents on account of the sale and delivery of any original package of oleomargarine which they may sell in the State of New York; and to this end your orators pray that the aforesaid preliminary injunction be granted, to be made perpetual on the final decision of this case.

And your orators further show unto your honors, that all of the defendants are engaged in conducting and prosecuting unlawful acts against the rights of your orators in the said Northern District of New York.

Your orators further pray to your honors, that a writ of subpoena issue out of and under the seal of this court, commanding the defendants to appear and answer the said bill of complaint herein according

to the statutes and rules of practice of this court; and that your orators recover their said cost in this proceeding.

William H. Hackett, being duly sworn, says that he was appointed order agent of the complainants set forth in the bill of complaint, on the 6th day of December, 1893, to take orders for the delivery in original packages of oleomargarine, manufactured by the complainants in the city of Chicago, shipped and delivered in original packages to the persons who took said orders, and has personal knowledge of all of the facts set forth in the bill of complaint, and that they are true.

Deponent further says, that he is authorized by the complainants to institute and prosecute this action; and that he has read the foregoing bill of complaint subscribed by the complainants, by him as agent, and knows the contents thereof; and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. And that deponent is authorized to make this verification and that the facts thereof are peculiarly within his own knowledge and because the complainants reside out of the Northern District of New York in the State of Illinois.

Sworn to before me, this

29th day of Dec., 1893.

GEORGE C. CARTER,

WILLIAM H. HACKETT.

Notary Public, Utica, Oneida County, N. Y.

William H. Hackett, being duly sworn, says that he is of the age of 46 years and upwards, and has lived and resided at the city of Utica, N. Y., for more than 10 years last past, during which time he has been largely engaged in the grocery trade in said city, and during said years he has inspected, bought and sold scores of tons of butter, and has become, and is now entirely familiar with all classes and grades of dairy butter marketed in the State of New York, and especially in the central portion thereof; that in the course of his business, deponent has learned and become thoroughly familiar with the manufacture and trade of the butter business; that in order to properly conduct his own business, it has been necessary for deponent to investigate, examine and thoroughly acquaint himself with the business of leading butter dealers and manufacturers in different portions of the State of New York; and that he has personally inspected, bought and sold the products of different manufacturers as handled under the name of butter; and deponent is thoroughly familiar with the process of manufacture, and the coloring proportions used by such manufacturers, as conducted by the largest dealers and manufacturers of this State.

Deponent says that he has read the definition of "butter" set forth in the 20th section of chapter 338 of the Laws of 1893, approved April 10, 1893, of the State of New York.

Deponent says that there is at this time no commercial butter manufactured in the State of New York exclusively from pure unadulterated milk or cream, or both, with or without salt, and with or without coloring matter; that the entire merchantable butter product of this State is manufactured, and to such manufacture there is added as coloring matter a substance consisting of carrots, safflower or alkaline solutions of annotto; that the universal coloring compound used in butter at this time, and for several years last past, consists of a mixture of

annotto seed boiled or treated with cotton-seed oil; that this compound may be said to be universally used by butter makers in all parts of the State of New York, and has been so used for some years last past.

Deponent says that the great bulk of butter manufactured in the State of New York through the entire year varies greatly in color, from a lard white to a deep straw-colored yellow; that the latter color is only obtained by a choice grade of cows, in the flush of feed during the month of June; that all grades of butter manufactured in the State of New York, when uncolored, vary greatly in different seasons of the year with different breeds of cows, and the different methods of feeding the same; that the best grades of butter from the choicest dairies which furnish a better grade of butter; that the butter made under such circumstances is rarely if ever sold in the public markets in the State of New York; and such butter is rarely if ever seen by the general public; that the coloring of butter in the State of New York, by the use of carrots and alkaline solutions of annotto has been abandoned, and the coloring matter substituted has been annotto seed treated with cotton-seed oil, and the same mixed with cream in the process of churning, thus producing any grade of color desired; and by means of the use of this coloring compound the various churnings are brought essentially to the same grade of color; and by this process poor, white, stale butter, partially rancid, is worked over and made to appear like good, fresh butter, thus enabling manufacturers and dealers to get a good price for their goods thus treated; that the reason for abandoning the carrot and safflower coloring matter was that the latter was found to be an unhealthy compound, and neither of them mixed with the oils in the butter with sufficient rapidity to produce an even color, and the alkaline solution tended to make soap out of the butter, thus producing a much poorer quality than by the use of the modern compound, and avoiding at the same time streaks of color produced by the use of the old compound. By the use of the compound composed of cotton-seed oil and annotto seed any degree of color can be given to the butter, and the cotton-seed oil readily mixes with and permeates the milk or cream with which it is mixed, and furnishes a uniform color, and, therefore, this compound, as before stated, is in universal use; that the coloring compound, consisting of annotto seed boiled in cotton seed oil, as deponent is informed and verily believes, was first used by oleomargarine manufacturers in coloring oleo, and that the coloring compound was afterward adopted by butter makers and has since been used; that

the coloring compound used by butter makers and by some oleomargarine manufacturers, composed of annotto seed and cotton-seed oil, furnishes an ideal and wholesome preparation, entirely healthy and nutritious, which does not impart any foreign taste to the butter, and adds considerably to its weight, and readily combines and commingles with the fatty parts of butter, so as to make the detection of cottonseed oil in the butter an impossibility.

By reason of these facts the old system of coloring butter has been abandoned by all manufacturers and dealers in butter; since which time the merchantable dairy butter of the State of New York has been made by these processes to appear like oleomargarine, and has been and is now being colored in imitation of oleomargarine by the use of the coloring compound adopted in the earlier stages of oleomargarine manufacture, as deponent is informed and verily believes.

Deponent says that he investigated the manufacture of oleomargarine before engaging with Armour & Co., and that from the information obtained by deponent, oleomargarine, as now manufactured by Armour & Co., has every chemical element of the best grades of dairy butter produced in the month of June from healthy cows, with the exception that it does not contain quite as much butyric acid. The latter acid, as deponent is informed and believes, constitutes the fatty acids in butter undergoing a state of decomposition, and is defined in Appleton's Encyclopedia as follows:

"Butyric acid: A volatile fatty acid discovered among the products of the decomposition of butter. Its formula is now written C4, HO Butyric acid has been found ready formed in the human perspiration; in flesh juices, guano, excrement, putrid yeast, bad cider, dung heaps, accumulation of decomposing organic matter in codliver oil and in beetles; and it is the substance which gives the disagreeable smell to rancid butter; it is a colorless mobile liquid of a peculiar, offensive odor, having an acid taste, a highly caustic property. It can be produced in a great variety of ways; among others, from butter."

Deponent says that in oleomargarine there will be found from 3 to 5 per cent. less butyric acid than is found in dairy butter. In other words, oleomargarine has, on an average, 4 per cent: less of this acid than is found in ordinary dairy butter. The less quantity of butyric acid in oleomargarine means less decay, and, therefore, it will keep sweet and suited for human food much longer than dairy butter, which contains a larger per cent. of the decaying element designated as butyric acid. By reason of this fact oleomargarine can be shipped and kept sweet into warm or hot countries where butter is now excluded