GROVER CLEVELAND.

EXECUTIVE MANSION, _August 2, 1886_.

_To the House of Representatives_:

I have this day approved a bill originating in the House of

Representatives entitled "An act defining butter, also imposing a tax

upon and regulating the manufacture, sale, importation, and exportation

of oleomargarine."

This legislation has awakened much interest among the people of the

country, and earnest argument has been addressed to the Executive for

the purpose of influencing his action thereupon. Many in opposition have

urged its dangerous character as tending to break down the boundaries

between the proper exercise of legislative power by Federal and State

authority; many in favor of the enactment have represented that it

promised great advantages to a large portion of our population who sadly

need relief; and those on both sides of the question whose advocacy or

opposition is based upon no broader foundation than local or personal

interest have outnumbered all the others.

This upon its face and in its main features is a revenue bill, and

was first introduced in the House of Representatives, wherein the

Constitution declares that all bills for raising revenue shall

originate.

The Constitution has invested Congress with a very wide legislative

discretion both as to the necessity of taxation and the selection of the

objects of its burdens; and though if the question was presented to me

as an original proposition I might doubt the present need of increased

taxation, I deem it my duty in this instance to defer to the judgment of

the legislative branch of the Government, which has been so emphatically

announced in both Houses of Congress upon the passage of this bill.

Moreover, those who desire to see removed the weight of taxation now

pressing upon the people from other directions may well be justified in

the hope and expectation that the selection of an additional subject

of internal taxation so well able to bear it will in consistency be

followed by legislation relieving our citizens from other revenue

burdens, rendered by the passage of this bill even more than heretofore

unnecessary and needlessly oppressive.

It has been urged as an objection to this measure that while purporting

to be legislation for revenue its real purpose is to destroy, by the use

of the taxing power, one industry of our people for the protection and

benefit of another.

If entitled to indulge in such a suspicion as a basis of official action

in this case, and if entirely satisfied that the consequences indicated

would ensue, I should doubtless feel constrained to interpose Executive

dissent.

But I do not feel called upon to interpret the motives of Congress

otherwise than by the apparent character of the bill which has been

presented to me, and I am convinced that the taxes which it creates can

not possibly destroy the open and legitimate manufacture and sale of the

thing upon which it is levied. If this article has the merit which its

friends claim for it, and if the people of the land, with full knowledge

of its real character, desire to purchase and use it, the taxes exacted

by this bill will permit a fair profit to both manufacturer and dealer.

If the existence of the commodity taxed and the profits of its

manufacture and sale depend upon disposing of it to the people for

something else which it deceitfully imitates, the entire enterprise is

a fraud and not an industry; and if it can not endure the exhibition

of its real character which will be effected by the inspection,

supervision, and stamping which this bill directs, the sooner it is

destroyed the better in the interest of fair dealing.

Such a result would not furnish the first instance in the history of

legislation in which a revenue bill produced a benefit which was merely

incidental to its main purpose.

There is certainly no industry better entitled to the incidental

advantages which may follow this legislation than our farming and dairy

interests, and to none of our people should they be less begrudged than

our farmers and dairymen. The present depression of their occupations,

the hard, steady, and often unremunerative toil which such occupations

exact, and the burdens of taxation which our agriculturists necessarily

bear entitle them to every legitimate consideration.

Nor should there be opposition to the incidental effect of this

legislation on the part of those who profess to be engaged honestly and

fairly in the manufacture and sale of a wholesome and valuable article

of food which by its provisions may be subject to taxation. As long as

their business is carried on under cover and by false pretenses such

men have bad companions in those whose manufactures, however vile and

harmful, take their place without challenge with the better sort in a

common crusade of deceit against the public. But if this occupation and

its methods are forced into the light and all these manufactures must

thus either stand upon their merits or fall, the good and bad must soon

part company and the fittest only will survive.

Not the least important incident related to this legislation is the

defense afforded to the consumer against the fraudulent substitution

and sale of an imitation for a genuine article of food of very general

household use. Notwithstanding the immense quantity of the article

described in this bill which is sold to the people for their consumption

as food, and notwithstanding the claim made that its manufacture

supplies a cheap substitute for butter, I venture to say that hardly a

pound ever entered a poor man's house under its real name and in its

true character.

While in its relation to an article of this description there should

be no governmental regulation of what the citizen shall eat, it is

certainly not a cause of regret if by legislation of this character he

is afforded a means by which he may better protect himself against

imposition in meeting the needs and wants of his daily life.

Having entered upon this legislation, it is manifestly a duty to render

it as effective as possible in the accomplishment of all the good which

should legitimately follow in its train.

This leads to the suggestion that the article proposed to be taxed and

the circumstances which subject it thereto should be clearly and with

great distinctness defined in the statute. It seems to me that this

object has not been completely attained in the phraseology of the second

section of the bill, and that question may well arise as to the precise

condition the article to be taxed must assume in order to be regarded as

"made in imitation or semblance of butter, or, when so made, calculated

or intended to be sold as butter or for butter."

The fourteenth and fifteenth sections of the bill, in my opinion, are in

danger of being construed as an interference with the police powers of

the States. Not being entirely satisfied of the unconstitutionality of

these provisions, and regarding them as not being so connected and

interwoven with the other sections as, if found invalid, to vitiate the

entire measure, I have determined to commend them to the attention of

the House with a view to an immediate amendment of the bill if it should

be deemed necessary and if it is practicable at this late day in the

session of Congress.

The fact, too, that the bill does not take effect by its terms until

ninety days have elapsed after its approval, thus leaving it but one

month in operation before the next session of Congress, when, if time

does not now permit, the safety and efficiency of the measure may be

abundantly protected by remedial legislative action, and the desire

to see realized the beneficial results which it is expected will

immediately follow the inauguration of this legislation, have had their

influence in determining my official action.

The considerations which have been referred to will, I hope, justify

this communication and the suggestions which it contains.

A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First Term · 第 183 / 872 题