Bennett v. Carr
| Decision Date | 14 July 1903 |
| Citation | 96 N.W. 26,134 Mich. 243 |
| Court | Michigan Supreme Court |
| Parties | BENNETT v. CARR. |
Certiorari to Circuit Court, Muskegon County; Fred. J. Russell, Judge.
Certiorari by the people, on relation of John R. Bennett, to review a judgment of the circuit court sustaining the refusal of John M. Carr, a justice of the peace, to issue a warrant of arrest. Judgment affirmed.
Charles A. Blair, Atty. Gen., and Cross, Lovelace & Ross, for appellant.
Smith Nims, Hoyt & Erwin (Kingsley & Wicks, of counsel), for appellee.
Relator is the inspector of the State Food and Dairy Department. On the 24th day of February, 1903, he made complaint before the respondent, a justice of the peace of the county of Muskegon charging one Martin Aamondt with having sold one pound of oleomargarine, contrary to Act No. 22 of the Public Acts of 1901. The respondent refused to entertain the complaint and issue warrant, on the ground that the complaint stated no offense under the provisions of said act and that said act is unconstitutional and void. Relator thereupon applied to the circuit court for the county of Muskegon for the writ of mandamus to compel the respondent to issue said warrant and proceed with the examination. The circuit court sustained the action of the respondent, and the case is now before us for review upon certiorari.
The statute in question reads as follows:
The complaint charges Mr. Aamondt with unlawfully selling one pound of oleomargarine 'made wholly or in part of fact, oil, or oleaginous substance or compound thereof, as follows, to wit: Water, 11.75 per cent.; butter fat, 1.34 per cent.; beef fat, lard, and cotton-seed oil, 79.24 per cent.; salt and other mineral matter, 4.54 per cent.; curd, 3.13 per cent.--said article, product, or compound not being then and there butter produced from unadulterated milk or cream of the same, and being then and there in imitation of yellow butter produced from unadulterated milk or cream from the same, and not being then and there oleomargarine in a separate and distinct form in such manner as would advise the consumer of its real character, free from coloration or ingredient that would cause it to look like butter, but that the said oleomargarine was then and there of a yellow color in imitation of butter, said color not being then and there produced by the addition of any artificial coloring matter, but said color being produced solely by the said ingredients therein contained, the said ingredients hereinbefore set forth having been selected and used in the manufacture of said oleomargarine in such manner and in such quantities and proportion as to produce the oleomargarine that was then and there in imitation of yellow butter produced from unadulterated milk or cream from the same, contrary to the form of the statute,' etc.
The oleomargarine so purchased was manufactured in the city of Chicago, state of Illinois, by one Moxley, a resident of said city, and was sold by said Moxley to said Aamondt in the usual course of trade, and by said Aamondt was sold in the usual course of retail trade, in the same form and condition and in the original package, in which it was received by Aamondt from Moxley. It is conceded that this oleomargarine has a yellow color similar to butter, but the color is not produced by any artificial coloring substance or ingredient used for the purpose of coloration, but is produced solely by the selection...
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State v. Hammond Packing Company
......a. Massachusetts: Com. v. Hinburg (Sup. Ct. Suffolk County) (not reported); Plumley. v. Massachusetts, 155 U.S. 461. b. Michigan: Bennett. v. Carr, 134 Mich. 243. c. Wisconsin: State v. Mitchell,. Cir. Ct. Grant County (not reported); Meyer v. State, 134 Wis. 156, 114 N.W. 501. d. ......
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State v. Maurer
...... of acquittal. People v. Meyer, 60 N.Y.S. 415;. People v. Wahle, 109 N.Y.S. 629; People v. Schnizius, 113 N.Y.S. 313; Bennett v. Carr, 96. N.W. 26; People v. Simpson, 114 N.Y.S. 945;. People v. Arensberg, 103 N.Y. 388, 57 Am. Rep. 741. (6) The evidence in this case ......
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State v. Hammond Packing Co.
...only as a necessary incident of their use.’ Ammon v. Newton, 50 N. J. Law, 543, 14 Atl. 610. To the same effect, see Bennett v. Carr, 134 Mich. 243, 96 N. W. 26;McCann v. Commonwealth, 198 Pa. 509, 48 Atl. 470;Commonwealth v. Mellet, 27 Pa. Super. Ct. 41; and Commonwealth v. Van Dyke, affir......
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State v. Hanson
...of the essential ingredients of oleomargarine, so as to simulate butter color, does not also show a violation. The case of Bennett v. Carr, 134 Mich. 243, 96 N. W. 26, holds that an act in that state, prohibiting the sale of any product in imitation of yellow butter, does not prevent the sa......