Frederick C. Schraub, being duly sworn, says that he is the New York State Commissioner of Agriculture; that he was born and always lived in the county of Lewis, in the State of New York, which is one of the largest dairy counties in said State and adjoins the counties of Herkimer, St. Lawrence, Jefferson and Oneida, which constitute the principal dairy section of the State of New York.

That deponent operates one of the largest dairy farms in the county of Lewis. That he has always known of the manufacture of butter for domestic use and for the markets and is familiar with the process, appearance and manufacture of butter. That natural butter is distinctive in its color, which is a yellow or yellowish color which is generally known as butter color. That butter made when cattle are in pastures always possesses this color; that butter made while cattle are feeding on hay, which is only a small proportion of the time that butter is made, is of a pale yellow color; that butter color is known by common knowledge and has been time out of mind. That statistics with which he is familiar, compiled by the department and which he has examined, show that during the year before last year there were made in the State of New York more than 117,000,000 pounds of butter. That much the larger part of this vast product is made and sold in the market without the addition of any artificial coloring matter whatever. That he has seen the oleomargarine commonly put upon the market by plaintiffs and that the same as sold by them is colored so as to closely resemble the color of natural butter, a distinctive color that has been known and recognized as butter color always, That deponent has in his possession one of the labels taken from a package of complainants' said oleomargarine, sent into the State of New York by them to be sold as stated in their said bill of complaint, which label is herewith submitted to this court for inspection.

Deponent is informed and believes that in other States the complainants use the same kind of labels and same counterfeit as to butter in color and appearance. Such information is derived from similar departments or bureaus in such States as deponent's department.

That the packages so labeled are in close imitation as to nature and form of the ordinary butter tubs and butter packages, and are calculated to deceive as to their contents.

Deponent further says that he has read the affidavit herein (in the moving papers) of W. H. Hackett as to the common and usual mode of making butter for the markets and domestic use and it is untrue. That such methods as stated by him are used by grocers and dealers and commission men sometimes in respect to stale and winter butter to enhance the price and make such butter more salable.

It is not true that oleomargarine has a distinctive color which has taken the minds and choice of the people so as to put out of favor the color of natural butter, and the statement of said Hackett is untrue and ridiculous, that butter makers now, to keep natural butter in the markets and in domestic use, counterfeit such color of oleomargarine or butterine and make up butter by artificial coloring and fraudulent imitation of oleomargarine or butterine. That natural butter, as it appears in the markets, has now the same butter color which it has always had, and that the complainants' oleomargarine or butterine now in the markets is made to be and appear in semblance and imitation of natural butter and not readily distinguishable from natural butter, and such color is added to it for the purpose of fraudulent imposition and substi tution. Such coloring adding nothing to the digestibility or wholesomeness of such compounds.

Subscribed and sworn to before me, this 9th day of February, 1894.

WILLIAM M. HONIG,

FRED. C. SCHRAUB.

[L. 8.]

Notary Public, Albany County, N. Y.

William Wills, being duly sworn, deposes and says that he is and has been for two years previous hereto president of the New York Mercantile Exchange, and is engaged in the storing and caring of dairy products. That large quantities of butter is and has been stored with the corporation in which he is connected. That parties storing goods with them frequently obtain loans based upon the warehouse receipts issued by his corporation, and being guaranteed by the said corporation, it is his duty to see the character and the quality of the goods securing such loans, and, therefore, is in all things familiar with the product as so stored and placed upon the market.

That he has read the affidavit of W. H. Hackett among the moving papers herein, and also the affidavit of Commissioner Schraub in answer thereto. That the statement of fact in the affidavit of said Hackett as to natural butter as sold as a dairy product being colored in imitation of oleomargarine are absolutely and entirely false and untrue, and that the butter now sold upon the market is of the same color that it has always been. That deponent has handled butter for many years. That oleomargarine has only been known since about the year 1871 and that butter has been known and used from time immemorial. That butter has a distinctive color known and recognized in the trade and among the people as butter of natural color. That during a portion of the year that cattle are kept in a barn and fed on hay that the butter is of a lighter color than during the rest of the season while the cattle are out to pasture.

Subscribed and sworn to before me,

February 9, 1894.

WM. WILLS.

[L. S.]

JAMES WILLS,

Notary Public, New York County.

John S. Martin, being duly sworn, deposes and says that he is a produce commission merchant in the city of New York, that he is a member of the Produce Exchange of this city, and engaged extensively in buying and selling butter and cheese and has been for 40 years past, during which time deponent has handled and sold a very large amount of butter (the annual sales of butter by my firm being about $1,000,000 per year) and is in all things familiar with the product as placed upon the market.

That he has read the affidavit of W. H. Hackett, among the moving papers herein, also the affidavit of Commissioner Schraub in answer thereto. That the statements of fact in the affidavit of said Hackett as to natural butter as sold as a dairy product being colored in imitation of oleomargarine are absolutely and entirely false and untrue, and that the butter now sold upon the market is of the same color that it has always been, and that deponent handled butter for many years before he ever krew butter coloring used, and its natural color during the making season was then the same as now, a bright orange or yellow. That oleomargarine has only been since the year 1871 and butter has been known and used from time immemorial. That butter has a distinctive color known and recognized in the trade and among the people as butter of natural color. That during a portion of the year that cattle are kept in a barn and fed on hay that the butter is of a lighter color than during the rest of the season while the cattle are out to pasture. That that portion of the butter made during the winter is colored to bring it up to the standard color of butter made during the season of pasturage, but very much the largest part of the butter sold in the markets during the year, more particularly that made in the State of New York, is entirely produced on pasturage and sold without any artificial coloring whatever.

That all the oleomargarine, as sold, is colored in fraudulent semblance and imitation of natural butter the product of the dairy. That the statements of fact in the affidavit of said Commissioner are correct and true, and that he agrees with him in the matters of opinion con. tained in said affidavit.

Halsey Fitch, of the firm of Halsey Fitch & Son, being duly sworn, deposes and says, that he is a produce commission merchant in the city of New York, and a member of the New York Mercantile and Produce Exchanges; that he is engaged extensively in buying and selling butter and cheese, and has been for the past 26 years, during which time he has handled and sold a very large amount of butter, the sales of his firm being about $1,400,000 per annum, and that he is in all things familiar with the product as placed upon the market.

That he has read the affidavit of W. H. Hackett among the moving papers herein, also the affidavit of Commissioner Schraub in answer thereto. That the statements of fact in the affidavit of said Hackett as to natural butter as sold as a dairy product being colored in imitation of oleomargarine are absolutely and entirely false and untrue, and that the butter now sold upon the market is of the same color that it has always been; and deponent further deposes and says that he handled butter for many years before he ever heard of butter color being used, and that yellow was the recognized standard color for natural butter. That oleomargarine has only been known since about