Fred Marhoefer: Violation of Ole Act

Fred Marhoefer was born about 1879 in Illinois, to Hilarius Marhoefer (1840-1889) and Anna Schroer (1842-1889). His Mother died April 28, 1889 and his Father died 16 Nov 1889, they lost both parents within 6 months of each other, how sad.



Inmate #11114 Leavenworth
Rec: 23 Jun 1916
Crime: Vio Ole Act (see description below)
Term: 5 yrs (2-3 yr term concurrent & 5-2 yr term concurrent) $25,000 fine and costs of 4-$5,000 & 5-$1,000
Age: 37
Occupation: Retail Store

Industry: Butter

The Oleomargarine Act
July 23, 1886


On this date, the 49th Congress (1885–1887) set in motion an era of commercial regulation by passing the Oleomargarine Act which defined the very essence of butter and imposed a two-cent per pound tax on oleomargarine, a butter substitute made from animal fat. The law, which President Grover Cleveland signed 10 days later, came after months of debate over whether the federal government could (or should) regulate private economic activity, as well as the areas of interstate commerce, agriculture, and public health. The debate pitted dairy interests against virtually everyone else, and featured graphic (and often false) descriptions of the processes used to create margarine, which had been invented in France only 17 years before. The vivid imagery came courtesy of Chicago meatpackers, who capitalized on the new product since its manufacture at the time harvested excess animal fat that had earlier gone to waste. Margarine also yielded high-profits but cost very little, making it popular among both industrialists and the millions of consumers who couldn’t afford real butter during a lingering economic recession. Dairy interests, however, saw margarine as a threat and appealed to Congress to regulate it with a prohibitive tax. “If I could have the kind of legislation that I want it would not be a source of revenue, as I would make the tax so high that the operation of the law would utterly destroy the manufacture of all counterfeit butter and cheese as I would destroy the manufacture of counterfeit coin or currency,” Representative William Price of Wisconsin said. Future Speaker David Henderson of Iowa compared margarine to the witches’ brew in Shakespeare’s Macbeth. Those in Congress who opposed the tax tried to stop the bill through so-called “killer” amendments. With tongue in cheek, Representative John Adams of New York offered an amendment to tax chicken incubators “in order that the great American hen may be properly protected.” Representative George Tillman of South Carolina was among margarine’s few defenders on the House Floor, and got a good laugh when he said that margarine, “when it is honestly made out of good materials,” was actually better than butter. The Oleomargarine Act, which remained in effect until 1950, foreshadowed later attempts to regulate private economic activity. Less than a year later, the same Congress passed the Interstate Commerce Act, which established the Interstate Commerce Commission and regulated railroad rates.




















Fred married first in 1903 Esther O'Connell (1880-1917)

The warden of the prison received a Telegram of the death of Fred's wife.



Fred was able to go to his wife's funeral with an armed guard escort at his expense.




Here are a few other Prison records, pay close attention to the doctor's report.

















Fred and Esther had two daughter's Gladys born 2 Apr 1907 in Chicago, IL and Ethel in 1908 I believe a son named Emmet in 1911.

While I was doing research I came across a 1910 Census that lists his wife, children, mother-in-law and sister-in-law and 2 additional children belonging to the sister-in-law who was widowed as was his mother-in-law. 

1920 Census Mother-in-law gone but sister-in-law and her kids with his wife and their kids all listed.


When Fred gets out of prison 20 Mar 1919, he marries 27 May 1919 to I believe was his Sister-in-law Agnes O'Connell, they did not have any children together as far as I could find.

But if you remember the the doctor notes from the prison records it said he had Gonorrhea 4 years prior to being incarcerated and too shots of 606.

Arsphenamine, also known as Salvarsan or compound 606, is a drug that was introduced at the beginning of the 1910s as the first effective treatment for syphilis, and was also used to treat trypanosomiasis. Unfortunately it is an arsenic compound which is still toxic to human.  Its use was then replaced by penicillin later on in the treatment of syphilis.


Fred died 23 Jan 1928 in Chicago, IL after his death this letter was sent to the warden of the prison.





Agnes O'Connell married once again to George Leary I did not find a date or marriage record just a census.

Her first husband was Byers and they had 2 daughters Elynor & Lucille Byers.

There is no FAG for Fred.




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