Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1907-07-24
sahia, III i. s. 1, it was held that

sahia, III Il. s. /, it was held that
oleomargarine being we'll known
article of food is a proper subject of
interstate commerce and that its sale
in original packages is valid.
Congress has since passed the act
of May, 9th, 1902, relinquishing it's
powers to the state as to oleomargar-
inc, similar to the provisions of the
Wilson bill as to intoxicating liquors.
Congress alone can act as to adj
missions of goods from one state to
another, and a failure to act indi-
Gates that commerce must be free.
the right 10 import an article in
cludes the right to sell, but in cases
Of original packages, only one sale
is permissible after the goods enter
a state as the act OF sale places the
goods i'll the common mass of prop
erty in the state and is then exclus-
lively under state control, and like
wise The act OF breaking the package
places the goods in the common
mass of property in the state.
There is no statutory definition
of original packages, but the courts
have construed it to mean the box or
case or bundle in which the goods
were shipped and not the package
in which they were placed by the
manufacturer before they were
placed in the larger box or container
or bundle for shipment. AS defined
in McGregor VS.. Cone lO4 Iowa l73,
"The original package is that pack
age which is delivered by the i'm
porter to the carrier at the initial
point of shipment in the exact con-
dition in which it was shipped.
The fourteenth amendment is
sometimes invoked as restraint to
the police powers of state under
the provision prohibiting any state
to deprive any person of life, lib
erty or property without due process
of law, land" to deny any person
within its jurisdiction the equal pro-
lection of the laws"
In the Slaughter House Gases l6
Wall 36, it was held that the chief
application of the clauses due pro-
cess of law and equal protection of
the laws" was as TO the negro. This
view has been modified and extended
by subsequent decisions. But in
those cases where the public health
and safety are involved, the supreme
court has uniformly held that the
inhibition of the fourteenth amend
ment do not limit and were not des-
ignated to limit the subjects upon
which the police powers may be ex
erted.
State vs. Mugler 1873 U. S G23.
Powell VS. Pennsylvania 127 U. S.
67s.
Austin VS. Tennessee l79 U. S.
343.
1t is fundamental that the four
tenth amendment does not impose
any restraint on the exercise of the
police powers of the state for the
protection of the safety, health or
morals of the community.
State vs. Schlenker lI2 Iowa GAP.
In Powell vs. Pennsylvania, l27
U. S. 67S, Pennsylvania statute
prohibiting the manufacture or sale
of imitation butter or cheese within
the state, was decided valid and not
repugnant to the clause of the four
teenth amendment as to equal pro-
lection of the laws"
While in Schollenberger vs. Penn
sylvania III U. S. l, the same stat
ute, tested under the commercial
clause, was held invalid to the ex-
tent that it prohibited the introduce
ton and sale of oleomargarine from
another state in original packages.
LEGISLATIVE POWERS.
1t is within the constitutional
power of the legislature to establish
regulations for prevention of fraud
in the sale of articles of food, it is
generally for the legislature to de-
termine what regulations are need
ed for that purpose. Cooley on
Constitutional Limitations 1853.
The state has the right to regu-
late or prohibit the sale Of such ar
ticles of food as the Legislative
junction of government shall, in its
wisdom, deem necessary to regulate
or prohibit. Powell vs. Pennsylvania,
l27 U. S. 67S.
While state may not have pow
er to totally exclude an article Of
interstate commerce, it may so regu.
late the introduction of an imported
article as to insure purity. Schol-
lenberger vs. Pennsylvania. IT'S, U
is. l.
A statute requiring the labelling
of lard substitutes and compounds
80 as to show the nature and ingred
tents of the article offered for sale
was declared valid exercise of the
police power. State VS. Aslesen, sc
A.inn. 5. State vs. Snow, 81 Iowa
GAP.
The legislature has the undoubtec
power to fix positive standards t,
prevent fraud or evasion and diff
cult controversies as to facts pro
vided they are reasonable in thei
purport and application.
The legislature may fix an arbi
tary standard and declare that al
milk falling below the standard il
impure or adulterated. State Vi
Campbell, ga N. H. 4O2.
The sale of milk sdulterated will
water though water be of the pures
quality, may be prohibited. Stat
VS. Graves, Is r. l. 2OS. People v
West LOG N. Y. 2O3.
The police powers of a state ex
, tands tn rohihit;on of tho colo n