State ex rel. Reynolds v. Capital City Dairy Co.
State ex rel. Reynolds v. Capital City Dairy Co.
Opinion of the Court
The statutory provisions on which the relator bases his right of action are those which authorize and require the Dairy and Food Commissioner, and either of the two assistant commissioners which he may appoint, to inspect all articles of food or drink made or offered for sale in this state, and to .prosecute all persons engaged in the manufacture and sale of such articles that are adulterated in violation of the laws of the state; and those by which it is provided that the commissioner, or an assistant commissioner, may enter any place where articles of food or drink are made or sold, and cause such articles to be examined and analyzed, and to employ such experts, chemists, agents, inspectors, and counsel as may by him be deemed necessary for the proper enforcement of the pure food laws of the state. Sections 409-8, 409-9, 409-10, Bates’ Annotated Statutes. The statute also provides (section 4200-7) that: “Every person manufacturing, offering or exposing for sale, or delivering to a purchaser, any drug or
The consequences for failure to comply with this provision are prescribed by section 4200-8, which provides that: “Whoever refuses to comply, upon demand, with the requirements of” the preceding section, “and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall b® fined not exceeding one hundred dollars nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both. Any person found guilty of manufacturing., offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay, in addition to the penalties herein provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale.”
Subsequent sections of the statutes place certain restrictions upon the manufacture and sale of oleomargarine; and it is provided by section 4200-20 that: “Any manufacturer who violates any of the provisions of this act shall, upon conviction thereof, be fined in any sum not less than one hundred dollars nor more than five hundred dollars; and for each subsequent offense, in addition to the above fine, may be imprisoned in the county jail not more than ninety days. Any other person violating any of the provisions of this act shall, upon conviction thereof, be fined not less than fifty dollars nor more than one hundred dollars.” No civil remedy is anywhere given by the statute. We find no authority for the institution of an action like this one, in the name
It is unnecessary to consider how far interference with official action may be prevented by injunction, because the relator is not an officer, but an employe, merely, and the petition shows no interference with any official act.
J adgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.