Commonwealth v. Andrews

Citations

• 24 Pa. Super. 571
• 1904 Pa. Super. LEXIS 236

Syllabus

<p>Constitutional law — Police power — Oleomargarine—Restraining order— Quarter sessions — Act of May 29, 1901, sec. 1, P. L. 327 — Equity—Trial by jury.</p> <p>Section 9 of the Act of May 29, 1901, P. L. 327, conferring jurisdiction upon the court of quarter sessions to issue a restraining order enjoining a defendant from further selling oleomargarine without a license, isa constitutional exercise on the part of the legislature of the police power of the state. The proceeding authorized by the section is in noway equitable in character, and such as should be within the jurisdiction in equity vested in the court of common pleas.</p> <p>No question of the right of trial by jury arises in such a proceeding, .and even if there were, there is nothing in the constitution which prohibits the legislature from declaring new offenses and defining.the mode by which the guilt of persons accused thereof may be determined.</p>