94 ANNUAL REPORT OF THE Off. Doc. 



{^ivi'ii cast', bciaiiise iu (he jiidgnieut of some, the Legislature, though 

 aeliiig wiihin its [irojier splieie, luny have mistaken the public ueces- 

 sit V for a law prohibiUirj iu its character, is to make the individual 

 judgment suiieiior to that of the Legislature to which the people in 

 their sovereigu capacity have delegated the law making power." 



There was ample evidence, if believed, to warrant the jurj in find- 

 ing that salicylic acid is poisonous and iujurious to the human sys- 

 uiii. Ko other conclusion would have been justified bj the evidence. 

 It is equally clear that the manufacturers of the liaspberrj Syrup 

 sold by the defendant were concealing its true ingredients from the 

 public. This is manifest from the label on the bottle on which is 

 priuU'd: "Warranted pure and unadulterated fruit syrup." 



The testimony iu this case discloses the fact that the syrup is not 

 in "a pure and unadulterated" condition, but that it contains an in- 

 gredient foreign to its natural state. 



We are of the opinion that the learned trial judge properly inter- 

 preted the act of Assembly under which this indictment was drawn, 

 and that, therefore, his ruliugs on the admission of testimony and his 

 answer to points for charge, which are complained of in the assign- 

 ments of error, were correct. The judgment of the Superior Court 

 is alfirmed. 



State of Pennsylvania, 

 Eastern District, 



! 



I, Charles S. Greene, Prothonotary of the Supreme Court of Penn 

 sylvania in and for the Eastern district, do hereby certify that the 

 above and foregoing is a true copy of the opinion in the above en- 

 titled cause so full and entire as appears of record in said court. 



In testimony whereof, I have hereunto set my hand and affixed the 

 seal of said court, at Philadelphia, this fourth day of March, A. D. 

 1902. 



( Signed.) CHARLES S. (JREENE, 



( Seal.) Prothonotary. 



