McDermott v. Wisconsin
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. The facts, which involve the constitutionality of the Wisconsin syrup law and the construction of the Federal Pure Food and Drug law, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. The facts, which involve the constitutionality of the Wisconsin syrup law and the construction of the Federal Pure Food and Drug law, are stated in the opinion. The Wisconsin act of 1907, is not invalid because in violation of the commerce clause of the Federal Constitution or of the Federal Food and Drugs Act of 1906.' In the absence of congressional action otherwise indicating, an article ceases to be the subject of interstate commerce, and becomes subject to the police power of the State, when the original package in which it is…
1Opinion of the CourtJustice Day
The plaintiffs in error, ¿George McDermott and T. H. Grady, were severally convicted in the Circuit Court of Dane County, in the State of Wisconsin, upon complaints made against. them by an Assistant Dairy, and Food Commissioner of that State for the violatioh of a statute of Wisconsin relating to the sale of certain articles and for the protection of the public health. The convictions Were affirmed by the decision of the Supreme Court of Wisconsin. 143 Wisconsin, 18.
The complaint against McDermott charged that on March 2, 1908, at Oregon, in Dane County, he “did unlawfully have in his…
2Cases cited17 opinions
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- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Brown v. MarylandSupreme Court of the United States · 1827
- Leisy v. HardinSupreme Court of the United States · 1890
- Savage v. JonesSupreme Court of the United States · 1912
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- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
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