434 Pa. 189 | Pa. | 1969
Lead Opinion
Opinion by
The Milk Control Commission filed a complaint in equity, seeking to enjoin Lily-Penn Food Stores, Inc. and Cumberland Farms of New Jersey, Inc., from vio
Appellants have once again made a direct frontal assault on the constitutionality of the concept of milk
The Chancellor, in his well-reasoned and authoritative adjudication, has adequately disposed of the issues raised in this appeal, and there is no necessity for this Court to elaborate further upon the conclusions of the Chancellor as affirmed by the court en bane.
Decrees affirmed, each party to bear own costs.
Dissenting Opinion
Dissenting Opinion by
By- its decision, the majority has, sub silentio, permitted the milk distributors to continue to exact tribute from the milk consumers of Pennsylvania. The production, distribution, and marketing of milk has so changed since the Milk Control Law was enacted that the fixing of minimum wholesale and retail milk prices constitutes an arbitrary exercise of the police power and so interferes with appellants’ conduct of their businesses that they are being deprived of their property without due process of law. Moreover, the consumer, who can less afford it, is forced to pay $1.06 a gallon for milk in Pennsylvania stores that is processed in the same New Jersey plant as milk that sells for .90 a gallon in Delaware. They must also pay $1.06 a gallon in Pennsylvania for the same milk selling for .89 in New York, and $1.06 for milk that sells in Ohio for .74. I see nothing in the record that justifies fixing
The distribution of milk in the last 30 years has changed so radically that Milk Control Board v. Eisenberg Farm Products, 306 U.S. 346 (1939), is no longer applicable and the imposition of minimum retail prices constitutes an interference with and a burden on interstate commerce. Furthermore, I would find the Commission orders void because the chairman, who here cast the deciding vote, has an apparent conflict of interest.
I dissent.