For more specific information as to details of the work in the several divisions of the State, please see the reports of the assistant commissioners of the different divisions hereto attached, and the report of the cheese instructors and Director of Farmers' Institutes. I am pleased to say that the assistant commissioners from the different divisions all seem to be men well qualified for the position they hold, and are exhibiting a lively interest in the enforcement of the provisions of the statute. I expect to be able, if granted the financial aid needed and asked for the coming year, to so conduct this Department as to make it an even greater benefit to the consuming public than it has been heretofore. All of which is respectfully submitted, Ć. A. WIETING, Commissioner of Agricultura APPENDIX. Report of F. J. H. Kracke, Assistant Commissioner. Report of George A. Smith, former Director of Farmers' Institutes, and F. E. Dawley, present Director of Farmers' Institutes. Financial Reports of Agricultural Societies for 1896. List of Butter and Cheese Factories in the State, 1896. Dairy and Food Commissioners, and Laws Relating to Dalry Products of other States. Agricultural Law. Report of State Weather Bureau. (Volume 2.) Report of Experiment Station, at Ithaca. (Volume 2.) Report of Experiment Station at Geneva. (Volume 3.) REPORT OF F. J. H. KRACKE. Hon. CHARLES A. WIETING, Commissioner of Agriculture: Dear Sir. In submitting this report of the work performed in the second division of this Department during the year ending September 30, 1896, I would like to say that, owing to the fact that I was not appointed to my present position until the 10th day of November, it is work performed in which I have had no hand, except in making up this report. The various recommendations therein I have made after careful consideration, fully understanding the necessity of their speedy adoption." Oleomargarine. The surreptitious sale of oleomargarine has, for the last two years, increased during the first four months and the last two months of the year; the balance of the time the price of butter has been sufficiently low to make it little or no object for the wilful violator to run the risk of detection, although the agents of the oleomargarine manufacturers have devised many cunning ways and methods to smuggle this fraudulent article to the people, and when the wholesale price of butter reaches twentyfive cents the sale of oleomargarine increases, and those employed in this division of the Department have to work with utmost diligence and shrewdness, it requiring inspections at night as well as during the day, as many storekeepers and restaurants use butter during the day, but, feeling secure that there would be no inspections in the night, they bring the oleomargarine out of its hiding place and sell it. It is an indisputable fact that the producer of butter would net on an average from two to three cents a pound more for his FOURTH ANNUAL REPORT OF THE COMMISSIONER OF AGRICULTURE. 215 goods if the manufacture of oleomargarine was stopped in the United States. I would respectfully recommend changing of the minimum fine from $25 to $100, and likewise a speedy trial in all such cases. Milk. The milk produced in the State and shipped to the cities of New York and Brooklyn has shown but a slight percentage of adulteration. More than 98 per cent. of the milk received from this State has been fully up to the State standard, which is 12 per centum of milk solids, three parts of that being fat, and the small percentage that showed adulteration was adulterated only 5 to 10 per cent. The wholesale and retail dealers in the cities have almost abandoned the practice of watering milk, which was so generally done in the past years. A number of prosecutions for violation of the law have been made during the year which have largely been people handling milk produced in Connecticut, New Jersey and Pennsylvania, which in all probability was adulterated by the shipper before consigning to the dealer. As the law does not reach the shipper in such cases, there is no other remedy except to prosecute the retail dealers, who sell the milk within the State. Heretofore, receivers of adulterated milk could be successfully prosecuted, but during the past year or two the courts have refused to hold that it is an offense for any one to have adulterated milk in their possession; therefore, as the Agricultural Law does not make it an offense for any person to have adulterated milk in their possession, the courts have discharged the persons arrested in all cases where it could not be proven that milk had been offered for sale or sold by the wholesale dealer; and as most of the milk is handled by them, it is exceedingly difficult to obtain sufficient evidence to convict the wholesaler. Hence, the burden falls upon the retail dealer who cannot protect himself and is absolutely helpless, unless section 22 of chapter 33 of the General Laws of the State of New York be so |