Commonwealth v. Paul

Citations

• 148 Pa. 559
• 24 A. 78
• 1892 Pa. LEXIS 1024

Syllabus

<p>Constitutional law — Interstate commerce — Police power — Oleomargarine —Act of May 21, 1885.</p> <p>The act of May 21, 1885, P. L. 22, which in its first section prohibits the manufacture or sale of oleomargarine within the commonwealth, and in its third section prohibits the sale of any substance, the manufacture or sale of which is prohibited by the first section, being a regulation enacted for the protection of the public health, is a constitutional exercise of the police power of the state and is therefore not unconstitutional.</p> <p>Commonwealth v. Wilkinson, 189 Pa. 298, distinguished.</p> <p>Interstate commerce — Original package.</p> <p>Where oleomargarine was brought into this state in a package containing ten pounds, and out of this package two pounds were sold and delivered in a paper package, duly branded and stamped in the manner prescribed by the commissioner of internal revenue, with the approval of the secretary of the treasury, it was</p> <p>Held, That there was a breaking of the original package, and thereby the contents of it became part of the common mass of property within the state.</p>