Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-05-24
Nebraska
NET WEIGHT CLAUSE GOOD
State Wins Four Out Of Five Cases
Brought Under Food Act.
COTToLEEE CASE IS LOST
Decision of the Lower Court on This
Product IL Reversed Because of
Defect in the
statute.
CFrom a Staff Correspondent

LINCOLN. May 28.-(specal. 1.-The decis-
ions In several test cases made on the net
weight provisions Of the pure food law
were given today by the state supreme
court, the provisions being sustained in
full BY the ruling. The principal cases
we're against the National Biscuit com
pany. The cases involved the legality of
sales Of package goods by the retailers
and Interstate and intrastate sales as we'll.
In the entire list OF cases the legality
Of the pure food law Is upheld, the SUI
preme court further holding that the pack
age provision holds 70 lard. but not to
cottolene.
In the cottolene decision the holding was
that the latter product may be sold with
out being branded as to net weight or
measure, because the state law prescribes
that any compound sold under it's distinctive
name Is not misbranded IL 1t be labeled
with its name. ingredients and manufac-
tory. a
Chief Justice Reese wrote the opinion
pronounced by the supreme court In the
biscuit cases and Judge Letton those in
the lard and eottolene cases.
Details of Decision.
writs Of habeas corpus we're asked for
by Lew Agnew OF Pawnee City. who pur-
chased goods OF a dealer in another state;
by Burton T. Page, state agent for the
National Biscuit company. who shipped
goods from one point TO another in Ne
braska, and by o. ]. King, q retail
grocer Of Lincoln, who bought goods of
the state agent In Lincoln and sold them
at retail here. These parties were ar
rested for violating the state law. They
Instituted habeas corpus proceedings al
leging that they had been unlawfully de-
prived of their liberty.
They allege the state pure food law to
be unconstitutional for these reasons:
l. That rules and regulations governing
food products have already been pre-
scribed by act OF commerce and no state
can enforce statute making different
provisions.
2. That the state law is an attempt to
interfere with interstate commerce.
3. That the articles sold were pure and
wholesome and not adulterated
Chief Justice Reese in his opinion scores
the stipulation Of facts entered into by the
attorney general and the county attorney
of Lancaster county on one side and John
L. Webster, attorney for the defendants,
on the other The opinion says.
Before entering upon a discussion of
the case we wish to enter our most en-
phatic disapproyal of the manner of sub
misslon upon the so-called agreed stipula-
ton Of facts. and TO say that, had we
known before argument OF what we would
have TO encounter In the perusal of the
stipulation of facts we certainly should
have refused to allow the cases to be SUBJ
United thereon and have insisted that a
reasonable stipulation should be filed"
In the Page Case.
In the case OF Page. the state agent Of
eIeqmpanxe.the court says: -----------.sl,
when goods, enclosed In a receptacle
or package are shipped from a point IN
one state TO point in another, they be-
come and are part of the Interstate com
merce of the country and retain that dis
tinctive character until sold or the original
package In which they were consigned is
broken after they arrive at the point OF
destination. II the original package is
broken by the consignee for the purpose
OF the sale OF the smaller units or pack
ages contained in the original enclosure the
interstate quality Of the whole is lost and
the consignment becomes part of the
body Of the property OF the state and is
subject to its laws"
Cracker Suit.
In the Agnew case, involving crachsr.
shipped in from another state, the court
finds:
An original package, as governed bv
interstate commerce law. is that which is
delivered by the importer to the carrier
at the initial point OF shipment and retains
It's form and contents until received by the
eonsignee in the same condition as when
shipped. II upon arriving at its destina-
uon In foreign state the package ,s
broken and its contents in smaller units
oltered for sale and enters into the retail
0onhleree OF the state the distinctive
quaIity OF interstate commerce is lost ana
goods hannf1na af
laws" 'e
In the King case. involving a nurchoso
OF crackers from the manufacturers agent
IN this state after the package had been
oroken' the buyer subsequently, exposing
the goods for sale in his retail store the
court decides that the same principle or
law laid down In the AEnew case will
govern.
The Application OF the three men for
writs of habeas corpus are all dismissed
and they are remanded by the court IN the
custody OF the sheriff.
Lard and COttoIene.
The lard and eottolene cases were s,,,nIx
appeals brought to the supreme court IN
the usual manner. Freadrich Bros. of lin
coin were the defendants in the FORMER
while the cottolene proceeding was brouVht
against Jacob Lichtenstiger of Lincoln
Convictions we're secured and fines i'm
posed.
In the lard case the defendants alleged
that the package sold was put up nv a
retailer and therefore the sale without nat
weight branding was permitted by the
statute. In respect to this pleading. the
court holds
VA corporation whose principal business
In manufacturing and selling a certain
1000 product in package form. is al whole
sale held not To be exempted from the re-
duirement Of the statute as to marking
the weight OF measure OF the net contents
OF the package ON the label by reason Of
the fact that IL also maintains at lis mach
ing house retail store at which IL sells
packages OF the same nature at retail 10
consumers"
The court says the Nebraska statute re-
isting TO net weight and measure does no,
deprive one who sells a ''misbranded.'
package OF the equal protection OF the laws
ana Is not violauve OF the fourteenth
amendment to the Constitution OF thu
United States. The judgment OF the dis