Hutchinson Ice Cream Co. v. Iowa
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE IOWA. ERROR TO THE SUPREME COURT OE THE STATE OP PENNSYLVANIA. The case is stated in the opinion. While the police power may be exercised to protect the public health, morals, safety and general welfare, it may not destroy private rights arbitrarily; and whether its exercise in a given case is valid or not is a judicial question.
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ERROR TO THE SUPREME COURT OE THE STATE OE IOWA. ERROR TO THE SUPREME COURT OE THE STATE OP PENNSYLVANIA. The case is stated in the opinion. While the police power may be exercised to protect the public health, morals, safety and general welfare, it may not destroy private rights arbitrarily; and whether its exercise in a given case is valid or not is a judicial question. “Ice Cream” is a generic term, embracing a large number and variety of products, many of which, though entirely wholesome, do not contain either cream of milk or butter-fat. The term, as generally used and understood, does…
1Opinion of the CourtJustice Brandeis
These cases were argued together., In each a state statute which prohibits the sale of ice cream containing less, than a fixed percentage of butter-fat is assailed as invalid under the Fourteenth Amendment; the Supreme Court of each State having held'its statute constitutional. State v. Hutchinson Ice Cream Co., 168 Iowa, 1; Commonwealth v. Crowl, 245 Pa. St. 554. Iowa makes 12 per cent, the required minimuni; Pennsylvania- 8 per cent. The material provisions of the several statutes are copied in the margin. 1
The right of the State under the police power to regulate the sale of products with…
2Cases cited12 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- Schmidinger v. City of ChicagoSupreme Court of the United States · 1913
- Armour & Co. v. North DakotaSupreme Court of the United States · 1916
- Deems v. Mayor of BaltimoreCourt of Appeals of Maryland · 1894
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3Cited by48 opinions
- Kovacs v. CooperSupreme Court of the United States · 1949
- Hebe Co. v. ShawSupreme Court of the United States · 1919
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
- State ex rel. Carnation Milk Products Co. v. EmeryWisconsin Supreme Court · 1922
43 more not listed; retrieve them via the Exa API.