Reports of Cases Determined By the Supreme Court of the State of ..., volume 261

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Reports of Cases Determined By the Supreme Court of the State of ..., volume 261
Missouri. Supreme Court
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United States, 220 U.
S. 575; Thomley v. U. S., 113 U. S. 313; U. S. v. Chase, 135 U. S. 262; Plessy v. Ferguson, 163 U. S. 558; Hawaii, ManHchi, 190 U. S. 247; Bank v. Parker, 192 U. S. 80; New Jersey v. Anderson, 203 U. S. 490; Rail- road V. Cotton Oil Co., 204 U. S. 447; Railroad v. Ar- kansas, 219 U. S. 465.
ROY, C. — ^This is a prosecution under the Act of April 7, 1911 (Laws 1911, page 261), prohibiting the Adulteration of adulteration of non-alcoholic drinks by Drinkt-^*'^"^ the use of s
...accharin and other sub- Saccharin: stances therein named. Defendant was unconstitutional ^^.^i^ted and has appealed. It is Digitized by VjOOQlC VOL. 261, APRIL TERM, 1914. 303 " I — ■ State ▼. Bottling Co.
charged in the information that defendant sold ''an article of food, ready for consumption, being a non-alcoholic drink, to-wit, soda water, which was then and there filled into a bottle containing about one pint, and which was then and there adulterated in this, to-wit, by having a foreign substance added there- to, to-wit, saccharin/* Defendant moved to quash the indictment because that part of the act prohibiting the use of saccharin is not within the title of the act, and is, therefore, con- trary to section 28 of article 4 of our State Constitu- tion, and also because the act is class legislation con- trary to subdivision 26 of section 52 of article 4 of that Constitution, and also because it abridges the privi- leges and immunities of this defendant and denies to this defendant the equal protection of the laws, con- trary to section 1 of the Fourteenth Amendment to the Constitution of the United States.


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