The Daily News. MONDAY, JULY 13, 1914. A MARGARINE FRAUD UNPUNISHED.

Taranaki Daily News, Volume LVII, Issue 1, 13 July 1914, Page 4

The Daily News. MONDAY, JULY 13, 1914. A MARGARINE FRAUD UNPUNISHED.

A remarkable decision Tecently given in London by the Judges of the King's Bench Division of the High Court of Justice shows how easy it is for a tradeT to defraud the public and escape the penalty. An information was laid against a man named Edwin Booth, who was a director—practically the only shareholder in a trading concern known as "Booth Stores," carried on under the name of A. Booth and Co. (Limitedi, for unlawfully selling butter containing ninety per cent, of margarine. The Justices convicted Booth, who appealed against the decision. There waa no question as to the sale of the adulterated article by Booth's employee, or that the company carried on the business, Booth living on the premises, and Ms wife assisting in the business. Booth was also secretary and manager of the Co., and had exclusive control of the concern, but he was not there at the time the sale in question was made. According to a decision given in 1891, it was held that the actual seller as well as his employer c«tt be convicted, but it was argued that Booth was neither the one nor the other, and that the man who sold the butter was the Company's servant and not Booth's. In allowing the appeal, the Judges held it had been proved that the man who made the sale was the servant of the limited company, but hoped that proceedings would be instituted againat the proper party. No doubt the decision was strictly based on the accurate interpretation of the law, but few people would care to argue that it was, justice. Here was a man carrying on a fraudulent business by selling butter which was composed of ninety per cent, of foreign substance, but because he c«rrie3 on that business under 1 the guiiie of a limited company—a one man com pany—he escapes a conviction. .No greater incentive to fraud could be given than to protect a man of tiis sort by such means as he adopted. It is fairly safe to assume that if a New Zealand enactment gave similar protection it would not remain long on the Statute Book after the flaw had been discovered, neither should it do so in England. The protection of the public in the matter of food supply is a matter of the most vital importance, and in no Qountry should there be a loophole for fraud. Margarine is already doing serious damage to the butter trade, and it is quite had enough to have it sold under its proper name but it is far more serious to have it sold as butter. The.-; are always men who pit their wits against the law with more or less success, and these are the culprits who deserve exemplary punishment, yet sucli ia the state of the law that the Judges are forced to let them escape if only they carry on business as a limited company which has "no body to be kicked, and no soul to be damned."