Joseph McKenna

“ But the contention contravenes the rule in the Cliff Case, where the distinction was made between the mere addition of an authorized food ingredient and its service in the compound for something more substantial than coloration. We now repeat it. Any other rule would give too easy a way to evade the statute, and make its purpose yield not to what is essential to the manufacture of oleomargarine, but what is nonessential; and render a law which was intended to prevent deception an easy means to accomplish it. ”

“ It is put beyond controversy that oleomargarine may be subject to the higher tax though its color result from a 'statutory ingredient.' To relieve from such consequence the ingredient must be there in substantial quantity,-in quantity substantial enough to contribute to the product something more than color. And this, it is insisted, the palm oil does in the case at bar, and the case is, therefore, it is further insisted, distinguished from the Cliff Case. ”

“ Palm oil is a pure vegetable oil derived from the fruit of palm trees, which grow in certain parts of Africa, and has about the consistence of pure butter. Palm oil consists almost entirely of palmatine and olein, which are the chief constituents of pure butter. Palm oil is perfectly wholesome, is readily digested, and has long been used as an article of food in countries where it is produced. Palm oil was successfully employed in oleomargarine prior to May, 1902, and is a proper constituent of oleomargarine. ”