354 CRIMES AND PUNISHMENTS. [ART. 27

and injurious to health. A plea setting forth the above facts is not bad as
amounting to the general issue. McAllister v. State, 94 Md. 299 (decided
prior to the act of 1910, ch. 437). And see Medairy v. McAllister, 97 Md.
491; Fox v. State, 89 Md. 381; Easch v. State, 89 Md. 755.

Since a state cannot prohibit the sale in the original packages of oleo-
margarine imported from another state, this section will be so construed
as to apply only to oleomargarine made in this state or not sold in the
original packages when imported. The state has the right, however, to
prohibit the sale of impure and deleterious articles of food whether im-
ported and sold in the original packages or not. A plea which does not
answer the whole indictment or all of the counts to which it is pleaded, is
defective. Fox v. State, 89 Md. 384 (decided prior to the act of 1900, ch.
496). And see Kasch v. State, 89 Md. 755.

This section in so far as it prohibits the sale or manufacture of oleo-
margarine in this state, is a valid exercise of the police power; this section
held to be constitutional. Wright v. State, 88 Md. 437 (decided prior to
the act of 1900, ch. 496). And see McAllister v. State, 72 Md. 390; Pierce v.
State, 63 Md. 592.

This and the following sections (prior to the act of 1900, ch. 496), held
unconstitutional and void in so far as they prohibited the importation and
sale of oleomargarine in original packages. Taking the lid from a tub of
oleomargarine so as to permit its inspection, does not destroy its original
character. In re McAllister, 51 Fed. 282.

Cited but not construed in Hancock v. State, 89 Md. 724.

1904, art. 27, sec. 123. 1888, art. 27, sec. 89. 1888, ch. 312, sec. 2. 1900, ch. 496.

1910, ch. 437 (p. 87).

136. Renovated butter, process butter, oleomargarine, butterine, or
other butter substitute may be sold, if free from prohibited ingredients
and otherwise wholesome, provided each vessel, package, roll or parcel
of such substance be plainly and conspicuously branded by a stamp or
label, with the true name of such substance in letters not less than
thirty-six point bold-faced gothic capitals, and also the name of each
article or ingredient used or entering into the composition of such sub-
stance, in letters of reasonable size; and provided also that the seller
keep constantly and conspicuously posted on all sides of the room in
which the sale is made a placard the face of which shall contain plainly
printed in black ink thereon in the English language, in type not
smaller than six inches in height, the words "(the true name of the
substance) sold here."

See notes to section 135.

Ibid. sec. 124. 1888, art 27, sec. 90. 1888, ch. 312, sec. 3. 1900, ch. 496.
1910, ch. 437 (p. 87).

137. Any proprietor or person in charge of hotel, boarding-house,
restaurant, or other place or vehicle where food is sold or served for
pay, who shall serve, sell or use as butter any substance or compound
other than that produced wholly from unadulterated milk or cream,
with or without salt or harmless coloring matter, shall cause to be
plainly printed on every bill of fare, if one be used, in letters not
smaller than eight point bold-faced gothic capitals, in the English lan-
guage, the words "(true name of substance) used here in place of but-
ter" ; and in case no bill of fare be used, shall cause to be conspicuously
posted upon each side of the eating-room or place, and in letters large
enough to be distinctly seen and read from all parts of the room or
place, placards containing on the face thereof in the English language