It Is Against Food Commissioner In

It is Against Food Commissioner in

CASPAR RINSEY'S CASE

Oleomargarine can be Colored with Any Harmless Substance.

The Supreme Court yesterday decided that oleomargarine could be colored with any harmless substance in a case which went up from this city, and thus sustained the decision of Justice Duffy.

The case was on commenced by Food Commissioner Grosvenor against Caspar Rinsey for selling colored oleomargarine. Justice Duffy refused to entertain the complaint, and the Circuit Court declined to issue a mandamus to compel him to do so. The case came to the Supreme Court by certiorari, and the position of the justice of the peace and circuit judge is now sustained.

It was shown that there was no fraud in the sale of the oleomargarine or any deception, the oleomargarine being sold for oleomargarine. It was not urged that the offense comes with in the words fraud or deceit or that the coloring matter was deleterious.

The court says the question to be determined is whether the title of the act is broad enough to include the sale complained of. Judge Grant said: "Would any person reading the title to the bill in the legislative journals or elsewhere suppose that the bill would make criminal an act which itself was entirely harmless, honest, innocent, and contained no element of wrongdoing? When the legislature attempts to change definitions and to make acts criminal which per se are innocent there must be something in the title to show such purpose or object. It follows that this part of the act is void."