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8 Sadler 483

Walker v. Commonwealth

Supreme Court of Pennsylvania

Decided November 7, 1887

Supreme Court of Pennsylvania · decided 1887-11-07

Hay Walker, Jr., John H. Wilson, George Harley, Emil Winter, and Elarvey Wilson were severally indicted for the manufacture and sale of oleomargarine, contrary to the provisions of an act of the general assembly, approved May 21, 1885, entitled, “An Act for the Protection of the Public Health and to Prevent Adulteration of Dairy Products and Eraud in the Sale Thereof.” The case of the commonwealth was the admission of the plaintiffs in error, which was in the following…

Relies on Powell v. Commonwealth

Affirmed · Decided 1887-11-07

Per Curiam:

¶1This case is ruled by Powell v. Com. 114 Pa. 265, 60 Am. Rep. 350, 7 Atl. 913, so far as the question of the police power of the state is concerned. We were of opinion there, as we are now, that the legislature has the power to prohibit the manufacture and sale of an article detrimental to the public health. Whether oleomargarine was such an article was a question of fact, and one which had been determined by the legislature. We are bound to presume that it was done upon sufficient evidence.

¶2The question now presented by the defendants’ first and second points (see fourth and fifth assignments) was not directly made in the court below upon the trial of Powell v. Com. and was not pressed upon our attention. We affirm this case fro form a, in order that both may go up together.

¶3Judgment affirmed.

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