Schollenberger v. Pennsylvania
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. The questions in these three cases are the same, and they arise out of the selling of certain packagés of oleomargarine. The plaintiffs in error were indicted for and convicted of a violation of a statute of Pennsylvania prohibiting such sale.
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ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. The questions in these three cases are the same, and they arise out of the selling of certain packagés of oleomargarine. The plaintiffs in error were indicted for and convicted of a violation of a statute of Pennsylvania prohibiting such sale. The act (No. 25) was passed'on the 21st of May, 1885, and is to be found in the volume of the laws of Pennsylvania for that year, page 22. It provides as follows: “ That no person, firm or corporate body shall manufacture out of any oleaginous substance or any compound of the same, other than that…
1Opinion of the CourtJustice Peckham
Counsel in behalf of the Commonwealth rests the validity of the statute in question upon two principal grounds:
(1.) That oleomargarine is a newly invented or discovered article, and that each State has the right in the case of. a newly invented or. discovered food product to determine for its citizens the question whether it is wholesome and non-deceptive, and neither the Congress of the United States nor the legislatures of other States can deprive it of this right, and that being such.newly discovered article it does not belong to the class universally recognized as articles of commerce,…
Also in this document: Dissent.
2Cases cited15 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Mugler v. KansasSupreme Court of the United States · 1887
- Brown v. MarylandSupreme Court of the United States · 1827
- Leisy v. HardinSupreme Court of the United States · 1890
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
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3Cited by147 opinions
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