477 ] OLEOMARGARINE LAW AND ITS DEVELOPMENT 253 



original package the court refers to cases involving the 

 interstate commerce clause. The case" of Leisy v. Har- 

 din, 135 U. S. 100, is cited. This is the famous liquor 

 case in which the court denied the state the power to 

 exclude articles of commerce recognized by Congress, 

 as such, unless such power were granted by special 

 permission of Congress. Reference is then made to the 

 Wilson Act passed by Congress on Aug. 8, 1890, which 

 was subsequent to the Leisy decision. This law provided 

 that liquor transported into any state or territory shall 

 be subject to the laws of the state to the same extent 

 as liquor manufactured within the state, and that it shall 

 not be exempt by reason of being introduced into the 

 state in the original package. " This was held to be a 

 valid and constitutional exercise of the power conferred 

 upon Congress, hi re Rahrer, Petitioner, 140 U. S., 

 545. At the time this decision was pending there was 

 no such legislation granting full power over oleomar- 

 garine in its original package, and in the absence of such 

 legislation the importation into the state of a lawful article 

 of commerce must continue until a sale in the original 

 package is effected. The opinion of the court does not 

 extend beyond the first sale. 



The court also pointed out that the opinion in the 

 Powell case which held the prohibitory law of Pennsyl- 

 vania constitutional is not reversed by the decision in the 

 Schollenberger case which declares the same law uncon- 

 stitutional. The former case did not involve the com- 

 merce clause, but was decided on the question as to 

 whether or not the conviction of the defendant was in 

 violation of the Fourteenth Amendment. 



Justices Gray and Harlan dissented from the opinion 

 of the court. They held that, in spite of the fact that 

 the Schollenberger case raised the question of conflict 



