Schollenberger v. Pennsylvania

Citations

• 171 U.S. 1
• 18 S. Ct. 757
• 43 L. Ed. 49
• 1898 U.S. LEXIS 1582

Syllabus

<p>Oleomargarine has, for nearly a quarter of a century, been recognized in 'Europe and in the United States as an article of food and commerce, and was recognized as such by Congress in the act of August 2, 1886, c. 810; and, being thus a lawful article of commerce, it cannot be wholly excluded from importation into a State from another State where it was manufactured, although the State into which it was imported may so regulate the introduction as to insure purity, without having the power to totally exclude it.</p> <p>A sale of a ten pound package of oleomargarine, manufactured, packed, marked, imported and sold under the circumstances set forth in detail in the special verdict in this case, was a valid sale, although made to a person who was himself a consumer; but it is not decided that this right of sale extended beyond the first sale by the importer after its arrival within the State.</p> <p>The importer had not only a right-to sell personally, but he had the right to employ an agent to sell for him, and a sale thus effected was valid.</p> <p>The right of the importer to sell does not depend upon whether the original package was suitable for retail trade or not, but is the same, whether to consumers( or to wholesale dealers, provided he sells in original packages.</p> <p>Act No. 21 of the legislature of Pennsylvania, enacted May 21, 1885, enacting that “ no person, firm or corporate body shall manufacture out of any oleaginous substance, or any compound of the same, other than that produced from unadulterated milk or of cream from the same, anyarticle 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, hel- or their possession with intent to sell the same as an article of food” and making such act a misdemeanor, punishable by fine and imprisonment,is invalid to the extent that it prohibits the introd