469] oleomargarine law and its DEVELOPMENT 245 



or substances in parcels, the seller shall, in all cases, sell or 

 offer or expose the same for sale from the tub, firkin, box or 

 package stamped, branded, or marked, as herein stated, and 

 shall also deliver therewith to the purchaser, printed label 

 having the plainly printed words " oleomargarine butter," 

 etc 



In 1885, the above law was repealed, and the manu- 

 facture and sale of oleomargarine were completely pro- 

 hibited in the act 1 entitled "For the protection of the 

 public health, and to prevent adulteration of dairy pro- 

 ducts and fraud in the sale thereof." Section I. of this 

 act is as follows : 



Be it enacted, 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 una- 

 dulterated milk or of cream from the same, any article designed 

 to take the place of butter or cheese produced from pure ana- 

 dulterated 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, her or their possession with intent to sell the 

 same as an article of food. 



THE CASE OF POWELL V. PENNSYLVANIA 



The validity of the Pennsylvania law of 1885 was tested 

 in the case of Powell v. Pennsylvania (127 U. S. 678). 

 The facts in the case are as follows : The defendant sold 

 on July 10, 1885, in the city of Harrisburg, two original 

 packages of butterine as such, and not as butter made 

 from pure unadulterated milk or cream. The packages 

 were marked "Oleomargarine Butter" as prescribed by 

 the Pennsylvania statute. The defendant also had in his 

 possession 100 pounds of the same article with intent to 



1 Laws of Pennsylvania, 1885, p. 22. 



