The statute prohibiting the sale of oleomargarine unless the substance is of some color other than that of yellow butter is not in conflict with the constitution of this state. When it is uncertain whether a statute of this state is in violation of the constitution of the United States, a criminal prosecution thereunder will ordinarily be sustained in order that the question may be determined by the federal courts.
YOUNG, J.
The statute upon which this indictment is founded is not in conflict with the constitution of this state (State v. Marshall, 64 N.H. 549); and for the reasons given in State v. Collins, 67 N.H. 540, the federal question is not considered. Plumley v. Massachusetts, 155 U.S. 461; Collins v. New Hampshire, 171 U.S. 30.
Exception overruled.
CHASE, J., did not sit: the others concurred.