Commonwealth v. Emmers
Superior Court of Pennsylvania
Appeal, No. 206, Oct. T., 1906, by defendant, from judgment of Q. S. Montgomery Co., June T., 1906, No. 42, on verdict of guilty in case of Commonwealth v. Edward Emmers. Indictment for discharging sewerage into the Schuylkill river. Before Swartz, P. J. At the trial the jury returned a verdict of guilty, upon which judgment of sentence was passed.
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Appeal, No. 206, Oct. T., 1906, by defendant, from judgment of Q. S. Montgomery Co., June T., 1906, No. 42, on verdict of guilty in case of Commonwealth v. Edward Emmers. Indictment for discharging sewerage into the Schuylkill river. Before Swartz, P. J. At the trial the jury returned a verdict of guilty, upon which judgment of sentence was passed. The only question involved was the constitutionality of the Act of April 22, 1905, P. L. 260. Error assigned was in refusing to arrest the judgment.
1Opinion of the Court
Opinion by
Porter, J.,
The defendant was indicted and convicted, under the provisions of the Act of April 22, 1905, P. L. 260, entitled “ An act to preserve the purity of the waters of the state, for the protection of the public health,” of the offense of discharging sewerage into the Schuylkill river. The specifications of error raise but two questions. Does the statute under which the defendant was convicted violate the fourteenth amendment of the constitution of the United States, which declares that “No state shall make or enforce any law which shall abridge the privilege's or immunities of…
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