Hammond Packing Co. v. Montana, 233 U.S. 331 (1914)

Hammond Packing Co. v. Montana

No. 278

Submitted March 11, 1914
Decided April 13, 1914
233 U.S. 331

ERROR TO THE SUPREME COURT

OF THE STATE OF MONTANA

Syllabus

So long as it does not interfere with interstate commerce, a state may restrict the manufacture of oleomargarine in a way that does not hamper that of butter. The classification is reasonable, and does not offend the equal protection clause of the Fourteenth Amendment. Capital City Dairy Co. v. Ohio, 183 U.S. 238.

A state may forbid the manufacture of oleomargarine altogether without violating the due process or equal protection provisions of the Fourteenth Amendment. Powell v. Pennsylvania, 127 U.S. 678.

A state may express and carry out its policy in restricting and forbidding the manufacture of articles either by police or by revenue legislation. Quong Wing v. Kirkendall, 223 U.S. 59.

45 Mon. 343 affirmed.

The facts, which involve the constitutionality under the due process and equal protection clauses of the Fourteenth Amendment of a statute of Montana imposing a license tax on the carrying on of the business of selling oleomargarine, are stated in the opinion.