
    Rohrer v. Milk Control Board, Appellant.
    
      Argued May 25, 1936.
    Before Kephart, C. J., Schaefer, Maxey, Drew, Linn, Stern and Barnes, JJ.
    
      
      Charles J. Margiotti, Attorney General, with him Harry Polihof, Deputy Attorney General, and W. F. Daniels, Deputy Attorney General, for Commonwealth.
    
      Thomas Raeburn White, with him W. Hensel Brown and Richard C. Bull, for appellee.
    
      Francis Biddle, of Barnes, Biddle & Myers, for interested parties, under Rule 61.
    
      Thomas W. Spofford, with him Charles Edwin Fose, for interested parties, under Rule 61.
    
      Geo. Ross Hull, for interested parties, under Rule 61.
    June 26, 1936:
    
      
      “. . . nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land.” See Constitution of 1776, Declaration of Rights, clause 9, Constitution of 1790, article IX, section 9, verbatim, Constitution of 1838, article IX, section 9, verbatim.
    
   Opinion by

Me. Chief Justice Kephart,

The majority of the members of this court, Mr. Justice Schaffer and Mr. Justice Drew dissenting, agree that the decision certified to us by the Superior Court should be reversed on the dissenting opinion written by President Judge Keller of that court, reported in 121 Pa. Superior Ct. 281. Mr. Justice Schaffer and Mr. Justice Drew are of opinion that the decision of the Superior Court should be affirmed on the opinion of Judge Parker of that court.

Judgment reversed.  