Legal Opinion

Commonwealth v. Paul

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 106PublishedCited by 6 opinions

Appeal, No. 106, July T., 1894, by plaintiff, from judgment of Q. S. Phila. Co., Oct. T., 1893, No. 370, on special verdict. Indictment for selling oleomargarine as an article of food. Before Hare, P. J. The jury found the following special verdict. “ (1) The defendant, J. Otis Paul, is a resident and citizen of the commonwealth of Pennsylvania, and is the duly authorized agent in the city of Philadelphia of Braun & Fitts, of Chicago, Illinois.

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Appeal, No. 106, July T., 1894, by plaintiff, from judgment of Q. S. Phila. Co., Oct. T., 1893, No. 370, on special verdict. Indictment for selling oleomargarine as an article of food. Before Hare, P. J. The jury found the following special verdict. “ (1) The defendant, J. Otis Paul, is a resident and citizen of the commonwealth of Pennsylvania, and is the duly authorized agent in the city of Philadelphia of Braun & Fitts, of Chicago, Illinois. “ (2) The said Braun & Fitts are engaged in the manufacture of oleomargarine in the said city of Chicago, and the state of Illinois, and as such…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

It is not necessary to the decision of this case that we should enter upon the discussion of the existence and extent of the police power residing in the several states of the Union. It is quite unnecessary to argue that the power of congress to regulate commerce between the citizens of the different states was not intended to abridge the lawful exercise of the police power by any of the state governments. If judicial decisions can be said to settle any question, these questions are clearly and properly settled by the decisions of the highest tribunal known to…

2Cases cited4 opinions

  1. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  2. Plumley v. MassachusettsSupreme Court of the United States · 1894
  3. Commonwealth v. ZeltSupreme Court of Pennsylvania · 1891
  4. Commonwealth v. SchollenbergerSupreme Court of Pennsylvania · 1893

3Cited by6 opinions

  1. McGregor v. ConeSupreme Court of Iowa · 1898
  2. Commonwealth v. McDermottSuperior Court of Pennsylvania · 1908
  3. Guckenheimer v. SellersU.S. Circuit Court for the District of South Carolina · 1897
  4. Commonwealth v. PaulSupreme Court of Pennsylvania · 1895
  5. Commonwealth v. SchollenbergerSupreme Court of Pennsylvania · 1895

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