Commonwealth v. Paul

Citations

• 170 Pa. 284
• 33 A. 82
• 1895 Pa. LEXIS 1398

Syllabus

<p>[Marked to be reported.]</p> <p>Constitutional law — Interstate commerce — Original package — Oleomargarine.</p> <p>A package devised by a nonresident manufacturer, or put up by him, adapted for sale at retail to individual consumers, such for example as a flask of whisky or a tub or pail or roll of oleomargarine, and actually sold by him or his agent to the consumer for use as an article of food or drink, in violation of the laws of the state where such sales take place, is not an “ original package” within the meaning of the law relating to interstate commerce; and the punishment of such sales under the police power of the state is not an interference with the powers of congress, or with the commerce between the states which is protected by the constitution of the United States.</p> <p>Original package — Question for jury or court.</p> <p>The character of the package, whether original or not, is a question of fact for the jury when there are facts to be passed upon bearing upon this question; when the facts are, however, agreed upon, or presented by a special verdict, the question is one of law, and should be decided by the court.</p> <p>Original package — Presumption.</p> <p>Where a small package is prepared in another state, and brought into this state, and sold at retail, it is fair to presume that the package was intended by him who devised it for the purpose for which he used it in his business.</p> <p>A small tub of oleomargarine containing ten pounds, prepared in another state and brought into this state to be sold unbroken to a consumer for use as an article of food upon his table, and actually so sold, is not an original package within the meaning of the law relating to interstate commerce.</p> <p>Oleomargarine — Federal license — Stat'e prohibition.</p> <p>The fact that a dealer in oleomargarine has procured a license from the Internal Eevenue Department of the United States, authorizing him to deal in oleomargarine, does not authorize him to engage i