George Sutherland, Whitfield v. Ohio — Opinion of the Court
“ The policy of the state of Ohio for many years, as evidenced by its Constitution and laws, has been to protect the products of free labor against competition from similar products brought into existence by prison labor. ”
George Sutherland, Whitfield v. Ohio — Opinion of the Court
“ A state basing its legislation upon that conception has the right and power, so far as the Federal Constitution is concerned, by nondiscriminating legislation, to preserve its policy from impairment or defeat, by any means appropriate to the end and not inconsistent with that instrument The proposition is not contested that the Ohio statute would be unassailable if made to take effect after a sale in the original package. ”
George Sutherland, Whitfield v. Ohio — Opinion of the Court
“ The first count charges that petitioner, upon a day named, and within the city of Cleveland, Ohio, 'did unlawfully sell on the open market certain goods, wares or merchandise, to-wit: one dozen Chambray men's work shirts, which said merchandise was manufactured in whole or in part by convicts or prisoners at Wetumpka Prison in the State of Alabama ”
