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McCRAY v. UNITED STATES

No. 301.

195 U.S. 27 (1904)

24 S.Ct. 769

49 L.Ed. 78

McCRAY v. UNITED STATES.

Supreme Court of United States.

Decided May 31, 1904.

Attorney(s) appearing for the Case

Mr. William D. Guthrie and Mr. Miller Outcalt, with whom Mr. Charles E. Prior, Mr. Francis J. Kearful, Mr. Delaran B. Cole and Mr. Charles C. Carnahan, were on the brief; for plaintiff in error.

Mr. Solicitor General Hoyt for the United States.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

As the controversy in every aspect involves the acts of Congress concerning the taxation of oleomargarine, a summary of those acts becomes essential.

The original act was passed in 1886. 24 Stat. 209. The first section provided:

"That for the purposes of this act the word `butter' shall be understood to mean the food...

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