"WHEREAS, The New York Retail Grocers' Union has put itself on record to encourage the sale of all pure goods, and to discourage and try to prevent all deceptions that are and may be practiced upon our customers by the sale of imitation or impure goods; and

"WHEREAS, We are informed that the laws of the State of New York prohibit the sale of all imitations of butter in the way they are at present manufactured and offered for sale; and

"WHEREAS, The sale of all imitation butter has been a detriment to the legitimate business of the retail dealer, inasmuch as that it has been a constant temptation to the dealers therein to sell it for butter, and that such fraudulent sale has created a prejudice and fear among the consumers in regard to the purchase of all butters. Therefore be it

"Resolved, That we discourage the sale of all imitation of butter and urge all our members and the trade in general not to handle it in any manner or form, until such a time when the manufacturers thereof will produce and offer for sale to us an article that will be distinct in appearance and different in color to that of genuine butter; that will be free from all temptation to fraud, and that will be manufactured and sold to us in strict accordance with the laws of this State. And be it further

“Resolved, That we most respectfully petition the State Dairy Commission to use all power that is invested in them to stop the fraudulent sale of all imitation of butter.

"H. TONJES, Secretary."

"C. F. BUSSING, President.

Mr. Van Valkenburg says, however, that there is another and a secret organization of retail grocers consisting of about two hundred members, who have raised a fund and employed attorneys to defend its members, when prosecuted by this department, but he says that threefourths of the retail grocers now refuse to handle imitation butter upon the ground that it is a fraud.

The charge, so frequently made, that our farmers are using "oleo " oils to mix with dairy butter has been thoroughly investigated by Mr. Van Valkenburg and he reports that there is no foundation whatever for the statement and that it is not true; the sources of his information are given. And I will here add that during all the time I have been Commissioner, but one single case of alleged adulteration by a farmer has been brought to our notice. That case was carefully and completely investigated, and although there were some circumstances which, unexplained, were somewhat suspicious, yet we were unable to find that the charge was true.

His report further shows that while sales of imitation butter within this State have been very materially reduced, sales in the United States have increased very much since 1883. The inference can be fairly drawn that the vigorous enforcement of our law has reduced sales and consumption of these goods in this State to about one-fourth the

amount they have heretofore been, but the manufacturers and venders of imitation butter have sought and found markets elsewhere. Valuable figures and statistics are given showing the amount of pure butter and of the imitations which have been sold, the extent to which consumers have been imposed upon, and the dairy interests of this and other States injured.

He also furnishes a detailed statement of work performed, number of days' attendance at court and elsewhere, samples obtained, etc., by the different chemists, employees, agents, attorneys, etc., of this department, under his immediate supervision.

Many other facts are given and suggestions made which will be found to be of importance.

The report of Mr. M. A. Perry, assistant commissioner at Buffalo, gives a very full statement of our work in that part of the State. It is doubtful if another city can be found within our State where the people are so grossly imposed upon by the dealers in milk as they are in Buffalo. His statement shows that the adulteration of milk has been extensively practiced there by wholesalers and retailers of that article. Out of 254 samples of milk obtained in the city of Buffalɔ, the analyses showed that 186 were adulterated, and he says that a large majority of the dealers from whom samples were obtained, intentionally adulterate that important article of food, and that nothing but the rigid enforcement of the law will cure the evil. A large number of arrests have been made and seven cases have been brought to trial and convictions obtained. Here, too, offenders have organized and raised funds for defense, but thus far Buffalo courts and juries have sustained us in our effort to enforce the law. Other trials will be had as fast as they can be brought on, and many other arrests will soon be made. Previous to the decision of the case of The People v. Marx, several samples of imitation butter were obtained in Buffalo, but no cases were brought to trial. Recently indictments have been found against persons who had sold these goods. Evidence has been obtained against several dealers for selling imitation butter since the Laws of 1885 became operative, and such cases will be brought to trial as soon as possible. We are well sustained by the press and public sentiment in the western portion of the State. The board of supervisors of Erie county, at a meeting held on the 30th day of December last, unanimously adopted the following preamble and resolutions:

"WHEREAS, The manufacture and sale of oleomargarine and butterine are being brought into direct competition with and undermining the greatest agricultural interest of the State; and

"WHEREAS, Said goods are sold in many instances for genuine dairy products in the county, and we believe their use, together with

that of adulterated milk, to be injurious to the health and lives of its inhabitants; and

"WHEREAS, There have been a number of cases brought before the grand jury and indictments found against several parties on the testimony produced before said grand jury. Therefore

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Resolved, That it is the sense of this Board that all parties indicted for selling such adulterated food, representing the same to be genuine dairy product, contrary to law, be prosecuted, and that the district attorney of this county be and is hereby requested to make strenuous efforts to have all persons who are or may hereafter be indicted for such offenses punished to the full extent of the law. Adopted."

. Upon the whole it gives me pleasure to be able to report that we are succeeding as well in our efforts to enforce the law in the State as could be expected considering the many vexatious hindrances and delays with which we have to contend.

The manufacturers of these deceptive imitations of dairy butter have made great progress in the art of producing an article designed and well calculated to deceive consumers, and we have been compelled to do a considerable amount of experimental work in order to keep close to them and be able to detect their counterfeits. A large number of analyses have, therefore, been made, all the known and some new methods have been thoroughly tested and verified, so that I feel confident there is now no imitation product manufactured and put upon the market which cannot be certainly detected by methods and means now in use by this department.

The report of Dr. Elwyn Waller and Mr. Edward W. Martin of the School of Mines, Columbia College, New York, which is herewith presented, is one of the most valuable contributions to the literature of this subject which has been produced in many years, so full and complete is that report, that I shall be able to give but a very imperfect synopsis of it. A brief description of the mode of making butter is given; the constituents of butter are furnished in the form of tables. A list of the various adulterants is given, and also methods of testing for them. Methods of manufacturing imitation butter from the original process down to a late date are described. A list of materials used, as stated in and called for by various patents which have been obtained is also mentioned. Rough-and-ready tests are given to determine the character of the fat used, some of which are believed to be entirely new. A description of the coloring matter used is also given, with the tests for them.

This report of Dr. Waller and Mr. Martin can only be appreciated after that careful study which it will surely receive by all those who are interested in this subject.

The growth and development of the sentiment of hostility to all these counterfeits of pure dairy products have been rapid and marvel

ous.

I have written the proper officer of every State and organized Territory of the United States asking for copies of all their recent laws upon this subject. I have received prompt replies and find that twenty-seven States and two Territories have already enacted restrictive or prohibitory statutes. A summary of all these laws will be found among the appendices to this report.

The fact that sales of these deceptive imitations of butter are considerable, and in many instances apparently on the increase in some of those States, is evidence that the people there are congratulating themselves that since the passage of their laws forbidding such sales very little, if any, imitation butter is now sold. We are confident that these sales will not be very materially reduced until those States and Territories which have not already done so, provide means for the enforcement of their anti-oleo laws by officers specially designated and appointed for that purpose.

Last winter a law was enacted (chap. 193, Laws of 1885), providing for the adoption of a State brand for full-cream cheese, and making it the duty of the Dairy Commissioner to procure such brands and issue them to such manufacturers of full-cream cheese as should apply for them and conform to the regulations and requirements prescribed. Such brands were obtained and issued to four hundred and fifty-two different manufactories. This enactment and the work done in pursuance of its provisions has been of very great value to dairymen. The excellent reputation of our full-cream cheese has been re-established, and the advance obtained in the price of such cheese over those not thus branded has been from one-half cent to one cent per pound, which amounts to a very large sum of money in the aggregate. I have received a communication which is herewith presented from Mr. B. D. Gilbert, who is the secretary of the board of trade at Utica, N. Y. Mr. Gilbert is as competent to speak upon the subject of the value to dairymen of this brand as any man in the State. His communication shows how, to what extent, and for what reason this brand has proved advantageous, and will be read with much interest. Doubtless a much greater number of these brands will be issued during the coming year.

During the year a chemist was secured and suitable experts employed to assist in the enforcement of our law in the great dairy county of St. Lawrence. I am assured that this proceeding has been of great value to the dairymen in that region. Such plants ought to be established at different points throughout the State so as to be available to dairymen in the several dairy sections, but so long as this enormous and expensive litigation continues necessary in order to prevent manufacture and sales of counterfeit butter, we shall not be able to extend

that branch of the service without a considerable increase in the amount appropriated for the use of this department.

The report of Dr. R. D. Clark, who is a practicing physician, and is also the chemist of this department at Albany, is of inestimable value. It is in fact an exhaustive treatise upon the subjects under consideraation and is herewith submitted. It is proper to say that very soon after my first annual report was presented I began the work of investigating the subject of the character of these counterfeit butters as articles of food. A considerable evidence as to the unwholesomeness of these goods had been adduced by and before the Senate Committee on Public Health just prior to the enactment of chapter 202 of the Laws of 1884, but it was not generally accepted as conclusive. I had several interviews upon this subject with Dr. Clark very early last winter, and he then determined to undertake this important work. It was decided that a series of experiments in artificial digestion should be undertaken; analytical and microscopical investigations were to be utilized; a thorough and careful examination of standard works and authorities upon physiological subjects, bearing upon the matters under consideration, was to be made, and every thing done which gave any promise of assisting in arriving at a correct conclusion. The Doctor undertook this task in addition to all the other work which he was to perform as chemist for this department, although it was entirely clear that he would be obliged to surrender a considerable of his practice as a physician to others, that he might be able to accomplish all the work to be done. In order to aid him in this investigation I procured from the Patent Office at Washington certified copies of the several patents obtained by manufacturers, and some of the ingredients covered and provided for by these patents he mentions. This report of Dr. Clark's first takes up the general work of the department intrusted to him and treats of several matters of much importance.

A brief history of butter is given. He mentions various substances designated butter by the alchemists; he enumerates some of the circumstances which vary the amount of fat in milk, such as the breed, age, food of cattle, etc.; gives the best butter-producing age of the cow, the influence of temperature, of foods, etc., upon the quality and quantity of milk, and the governing principles and physiological laws appertaining. He mentions the established fact that fat is manufactured in the body of the animal from substances which contain no fat in themselves, and that the fat taken in food is itself probably broken up, reformed and not merely stored in the body; and relates many of the experiments upon which these discoveries are based. The subject of cream is taken up and the various influences which affect the rising of cream are fully discussed; and various processes of churning cream