Savage v. Jones
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA^ This is an appeal from a decree of the Circuit Court sus-, taining a demurrer to the bilk for want of equity. The suit was brought by Marion W. Savage, a citizen of ■ Minnesota, .to restrain the defendant, the State Chemist of Indiana, from taking proceedings to enforce an act of the General Assembly of. that.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA^ This is an appeal from a decree of the Circuit Court sus-, taining a demurrer to the bilk for want of equity. The suit was brought by Marion W. Savage, a citizen of ■ Minnesota, .to restrain the defendant, the State Chemist of Indiana, from taking proceedings to enforce an act of the General Assembly of. that. State (Acts 1907, chapter 206) as applied to the sales of the complainant’s product, a preparation for domestic animals known as- “International Stock Food.” The act is sét forth in the margin.1 The bill…
1Opinion of the CourtJustice Hughes
The principal contention in support of this appeal is that the statute of Indiana (Acts 1907, chapter 206), the provisions of which have been set forth, is an unctí.^jstitu-tional interference with the complainant’s right to-engage in interstate commerce.
A preliminary question arises with respect to the jurisdiction of this court, by re'ason of the allegation of.the bill that the complainant’s product is not a “concentrated commercial feeding stuff” within the true meaning of the act, and that so interpreted the statute wrould not apply. But it was also alleged that the State Chemist, who was…
2Cases cited43 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
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