Commonwealth v. R. I. Sherman Manufacturing Co.
Massachusetts Supreme Judicial Court
Indictment, found and returned in the county of Suffolk on November 12, 1904, charging the defendant with using the arms of the Commonwealth for an advertising and commercial purpose in violation of St. 1908, c. 195. At the trial in the Superior Court before Holmes, J. the defendant moved to quash the indictment. The motion was denied, and the defendant excepted.
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Indictment, found and returned in the county of Suffolk on November 12, 1904, charging the defendant with using the arms of the Commonwealth for an advertising and commercial purpose in violation of St. 1908, c. 195. At the trial in the Superior Court before Holmes, J. the defendant moved to quash the indictment. The motion was denied, and the defendant excepted. The government showed that the defendant was a corporation engaged in the business of packing and canning certain kinds of meats and berries and all kinds of fruits and vegetables, preparing and putting up preserves, jams and jellies…
1Opinion of the CourtLathrop, J.
The principal question in this case is whether the St. of 1903, c. 195, is constitutional. Section 1 of this act reads as follows: “ Wo, person or private corporation shall use the arms or the great seal of the Commonwealth, nor any representation thereof, for any advertising or commercial purpose whatever.” The act was approved on April 6, 1903, and by its terms was to take effect “ at the expiration of one year after its passage.”
An account of the adoption of the arms and seal of Massachusetts in 1780 may be found in Quincy, 468; and they are there stated to have remained unchanged until…
2Cases cited10 opinions
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
- Ruhstrat v. PeopleIllinois Supreme Court · 1900
- City of Salem v. MaynesMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HuntleyMassachusetts Supreme Judicial Court · 1892
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3Cited by10 opinions
- Smith v. GoguenSupreme Court of the United States · 1974
- Brett v. Building CommissionerMassachusetts Supreme Judicial Court · 1924
- Whitney v. CommonwealthMassachusetts Supreme Judicial Court · 1958
- Aetna Insurance v. Chicago Great Western RailroadSupreme Court of Iowa · 1920
- Robart v. StateCourt of Appeals of Alaska · 2004
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