THE DECISIONS

OF THE

Supreme Court of the United States

AT

OCTOBER TERM, 1897.

Authenticated copy of opinion record strictly followed, except as to such reference words and figures as are inclosed in brackets.]

4. As Congress taxes oleomargarine and recog. nizes it as a proper subject of commerce, it cannot be totally excluded from a state simply because the state decides that, for the purpose of preventing the importation of an impure or adulterated article, it will not permit the introduction within Its borders of the pure and unadulterated article.

5. A sale of a 10-pound package of oleomargarine manufactured, imported, and sold by the importer under the circumstances found in the special verdict in this case, was a valid sale, although to a person who was a con

sumer.

6. An importer may sell original packages of oleomargarine by an agent as well as person

7.

Oleomargarine a subject of commerce-inspection power of state-cannot be excluded from state-ten-pound packages— sale by agent-sale to consumers-Penn- 8. sylvania statute invalid.

1. Oleomargarine, having been recognized by
the act of Congress of 1886 as a proper sub-
ject of taxation and of traffic and exportation
and importation, and being a well-known arti-
cle of food, is a proper subject of commerce
among the states and with foreign nations.
2. The fact that inspection or analysis of the
article imported is somewhat difficult and
burdensome will not justify a state in totally
excluding a pure and healthy food product.
8. A state cannot absolutely prohibit the in-
troduction within its borders of an article of
commerce which is not adulterated, and
which in its pure state is healthful, simply

because such article in the course of its manu

facture may be adulterated by dishonest manufacturers, for the purpose of fraud or il

legal gains.

NOTE. As to implied warranty on sale of food, see note to McQuaid v. Ross (Wis.) 22

L. R. A. 195.

ally.

An importer has the right to sell oleomargarine in original packages to consumers as well as to wholesale dealers, and the exercise of this right will not be prevented by the fact that the packages are suitable for retail trade.

The Pennsylvania statute of 1885, to the extent that it prohibits the introduction of oleomargarine from another state, and its sale in the original package as described in the special verdict in this case, is invalid.

[Nos. 86-88.]

Argued March 23, 24, 1898. Decided May 23, 1898.

IN ERROR to the Supreme Court of the State of Pennsylvania to review a judgment of that court reversing the judgment of the trial court for the defendant in each of these cases and in favor of the Commonwealth of Pennsylvania convicting in pursuance of the special verdict said defendants severally of a violation of a statute of said state prohibiting the sale of oleomargarine, and remanding the | visions sold to a consumer,-see note to Craft v. Parker (Mich.) 21 L. R. A. 139.

As to power of Congress to regulate commerce,-see note to State, Corwin, v. Indiana & O). Oil, Gas & Min. Co. (Ind.) 6 L. R. A. 579. As to state tax or license as affecting com

As to prohibition of sale of oleomargarine, Bee note to Com. v. Miller (Pa.) 6 L. R. A. 633. As to liability of vendor in cases of tort for sale of unwholesome food or drug; personal merce, see note to Rothermel v. Meyerle (Pa.) damages from negligent sale of drug; pro-9 L. R. A. 366. 171 U. S.

U. S., Book 43.

49

171

cases for sentence. The cases were similar | July, 1893, paid to the collector of internal
and the three cases were argued together. revenue of the first district of Pennsylvania
Judgments of the Supreme Court reversed, the sum of four hundred and eighty dollars as
and the cases remanded for further proceed- and for a special tax upon the business, as
ings.
pany, in oleomargarine, and obtained from
agent for the Oakdale Manufacturing Com-
said collector a writing in the words follow-
ing:

See same case below, Com. v. Paul, 170 Pa.
284 [30 L. R. A. 396].

Statement by Mr. Justice Peckham:
[2] *The questions in these three cases are the
same, and they arise out of the selling of cer-
tain packages of oleomargarine.

The plaintiffs in error were indicted for
and convicted of a violation of a statute of
Pennsylvania prohibiting such sale. The act
was passed on the 21st of May, 1885, and is
to be found in the volume of the laws of Penn-
sylvania for that year, page 22. It provides
as follows:

Stamp for
$480
per year.
No. A 434.

tached.

United States internal revenue.

Special tax, $480

per year. No. A 434.

agent for the Oakdale Manufacturing ComReceived from George Schollenberger, pany, the sum of four hundred and eighty dollars for special tax on the business of wholesale dealer in oleomargarine, to be car"That no person, firm, or corporate body state of Pennsylvania, for the period repreried on at 219 Callowhill street, Philadelphia, shall manufacture out of any oleaginous sub-sented by the coupon or coupons hereto atstance or any compound of the same, other than that produced from unadulterated milk, or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk, or cream from the same, or of any imitation or adulterated butter or cheese, nor shall sell or offer for sale, or have in his, her, or their possession with intent to sell the same as an article of food."

A violation of the act is made a misdemeanor and punishable by fine and imprison

ment.

The jury found a special verdict in each
case. The only difference between the facts
stated in the verdict in number 86 and those
contained in the other cases is that in the
latter the package sold was 10 pounds in-
stead of 40 pounds and was sold by the plain-
tiffs in error in those cases as agents of a dif-
ferent principal, carrying on the same kind of
business in the state of Illinois, and the pack-
age was sold to a different person and upon a
different date.

[3] *The following facts were set out in the
special verdict in number 86:

Knode Island.

Dated at Philadelphia, Pa., July first, 1893.
[Seal.]
William H. Doyle,
$480. Collector, First District of Penna.

margin of the above:
"The following clauses appear on the [4]

due the government, and does not exempt the
"This stamp is simply a receipt for a tax
vided for by the law of any state for carrying
holder from any penalty or punishment pro-
on the said business within such state, and
the continuance of such business contrary to
does not authorize the commencement nor
the laws of such state or in places prohibited
by a municipal law. See § 3243, Revised
Statutes, U. S.

or refusal to place and keep this stamp con-
"Severe penalties are imposed for neglect
spicuously in your establishment or place of
business. Act of August 2, 1886.'

month of the year in form as follows:
"Attached to this were coupons for each

66

66

dealer in oleomargarine for October, 1893.' 'Coupon for special tax on wholesale (1) The defendant, George Schollenberger, October, 1893, the said Oakdale Manufactur(5) On or before the said second day of is a resident and citizen of the commonwealth ing Company shipped to the said defendant, of ennsylvania, and is the duly authorized their agent aforesaid, at their place of busiagent in the city of Philadelphia of the Oak-ness in Philadelphia, a package of oleomardale Manufacturing Company of Providence, garine separate and apart from all other pack(2) The said Oakdale Manufacturing Comages, being a tub thereof containing forty pany is engaged in the manufacture of oleo-branded in accordance with the requirements pounus, packed, sealed, marked, stamped, and margarine in the said city of Providence and of the said act of Congress of August second, state of Rhode Island, and as such manufact- 1886. The said package was urer has complied with all the provisions of the act of Congress of August 2, 1886, entitled 'An Act Defining Butter; also Imposing a Tax upon and Regulating the Manufacture, Sale, Importation, and Exportation of Oleomargarine.'

"(3) The said defendant, as agent aforesaid, is engaged in business at 219 Callowhill street, in the city of Philadelphia, as wholesale dealer in oleomargarine, and was so engaged on the 2d day of October, 1893, and is not engaged in any other business, either for himself or others.

50

The said defendant, on the 1st day of

package, as required by said act, and was of an original such form, size, and weight as is used by producers or shippers for the purpose of securing both convenience in handling and security in transportation of merchandise between merce, and the said form, size, and weight dealers in the ordinary course of actual comwere adopted in good faith and not for the purpose of evading the laws of the commonwealth of Pennsylvania, said package being one of a number of similar packages forming one consignment shipped by the said company ing said consignment were unloaded from the to the said defendant. Said packages form