546 HASTINGS—POLICE POWER OF THE STATE. [June 19, 
the question was as to the sale of an ‘‘ original package.’’ Schol- 
lenberger had sold some oleomargarine for the Oakdale Manufactur- 
ing Company of Rhode Island, and his business in Philadelphia 
was selling it, as agent for that company. It was duly marked, and 
he had paid the United States tax for license to carry on the 
business and held such license. He was fined for selling a forty- 
pound package in the tub in which it was shipped. 
Oleomargarine is found to be an article of commerce, and as no 
attempt to show its unwholesomeness had been made, and Congress 
had provided for its inspection and condemnation if found to con. 
tain unwholesome ingredients, it was presumed wholesome. The 
law which was good against Powell’s personal right to pursue an 
honest calling, which was valid to beggar him by destroying the 
value of his plant, was powerless against the introduction of the 
same article from Rhode Island. 
In Powell’s favor were the express words of both state and federal 
constitutions guaranteeing him both liberty and property. In 
favor of the retailing agent there is only the implied prohibition 
contained in giving to Congress power to regulate commerce be- 
tween the states. But that fear of commercial wars which caused 
the federal constitution is not behind the fourteenth amendment, 
nor behind any of the precedents by which it is construed. 
Justices Gray and Harlan forcibly dissent, relying on Plumley’s 
case. They also dissent in the following case of * Collins vs. New 
Hampshire, where the court held bad for interfering with commerce 
a law requiring all oleomargarine to be colored pink before it was 
offered for sale. The court concluded that the law was simply 
intended to prevent the sale of the article. If such sale could not 
be directly prevented, as they had just held that it could not, it 
ought not to be done indirectly. 
During the current term of the court in ? Blake vs. McClung the 
right of the state to provide that its own residents shall first be 
paid out of the assets in the state of a suspended corporation was 
denied as contrary to section li of article iv of the federal consti- 
tution, so far as individual citizens of other states were concerned, 
but upheld as to foreign corporations, with a vigorous dissent from 
Justice Brewer and Chief Justice Fuller. 
By * Chappell Chemical and Fertilizer Company vs. Sulphur 
ISL TEL, Sep k0) AT 2A stg 220) OU relay fe 
