People v. Girard
| Decision Date | 26 February 1895 |
| Citation | 39 N.E. 823,145 N.Y. 105 |
| Parties | PEOPLE v. GIRARD. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from supreme court, general term, Fourth department.
Action by the people against Anthony Girard for a penalty for the violation of the ‘Vinegar Act’ (Laws 1889, c. 515, § 4). From a judgment of the general term (26 N. Y. Supp. 272), affirming a judgment for the people, defendant appeals. Affirmed.
F. G. Fincke, for appellant.
C. D. Adams, for the People.
The argument in this case concedes the undoubted rule that the police power of the state may be exerted to protect the public health or prevent a fraud upon the people, but that the law professing to intend that result must indicate by its terms that such was its real and actual purpose, and exhibit a capacity to operate in the asserted direction. The defendant sold vinegar containing artificial coloring matter, in violation of the law of 1889 (chapter 515, § 4) which provides that ‘no person shall manufacture, produce, sell or keep for sale, or offer for sale, any vinegar which shall contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health, or any artificial coloring matter.’ It is evident that the last clause has relation to the prevention of fraud, not only because of the form and mode of expression, but also because, if limited to an effect upon the public health, it would become a mere useless repetition. Any ingredients so injurious had already been prohibited, and the further limitation must be assumed to have a further purpose, and relate to the prevention of fraud in the production and sale of vinegar. It must be also assumed that the legislature acted with knowledge of this particular food product, of its appearance, and the modes of its manufacture. Everybody is familiar with cider vinegar, for it goes into all households. Its color and appearance are as well understood as its taste. But another vinegar has come upon the market made by a distillation from grain. It is said to be entirely healthy and safe as a food product, and that may be granted. No law forbids its manufacture or sale. The markets of the state are open to it freely, and without restraint, and the only prohibition is against the fraud of a false color. Its natural color, when honestly made, is much lighter than that of cider vinegar, and gives it rather a resemblance to water, with some faint trace of color, or to a white wine. Purchasers had a natural preference for the old familiar article, and were more or less averse to an experiment with the new. They could tell the difference at a glance by the marked difference in color. The new product probably made its way slowly for that reason, and the greed of profit, which has adulterated or disguised almost every article of food, led to the device of coloring it so as to change its appearance from almost white to a brown or amber color, which is that of the ordinary cider vinegar. Thus changed, the new product might easily deceive purchasers. They would accept it supposing it to be cider vinegar, when, if its natural color had remained, they would have refused it. Obviously, the artificial coloring matter is used for some purpose. It adds to the cost and labor of preparation, and such expense would not be incurred unless it improved the salable quality of the article. The coloring matter does not affect the taste or actual quality of the vinegar when, as here, it is burnt sugar or carmel which is used, but it does change the appearance. It masks the truth; it effects a disguise; it naturally deceives, and is intended to deceive,-for the new color is that of cider vinegar, and enables the substituted product to be foisted upon those who prefer and seek the old. We can see how it operated in the case before us. The defendants are Italians. They say they knew nothing about cider vinegar, and that such an article is not found in Italy. They were good subjects for the manufacturer to use. They bought a barrel of vinegar, and got the distilled product having an artificial amber color. A purchaser comes and asks for cider vinegar. The sellers give him the new, claiming that vinegar is ‘vinegar,’ and very possibly not appreciating the word ‘cider’ as a qualification. But whether they were the mere tools of the manufacturer, or themselves cognizant of the situation, it is apparent that the vinegar was colored for purposes of deception and to defraud the buyer. The legislature had a right to forbid that device and put a stop to the fraud, but how were they to do so? They might forbid specially the use of a coloring matter...
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