State Ex Rel. Crabtree v. Porter

• Decision Date: 05 August 1933
• Citation: 149 So. 610,111 Fla. 621
• Parties: STATE ex rel. CRABTREE v. PORTER, Judge.
• Court: Florida Supreme Court

149 So. 610

111 Fla. 621

STATE ex rel. CRABTREE v. PORTER, Judge.

Florida Supreme Court, Division B.

August 5, 1933

Prohibition by the State, on the relation of R. E. Crabtree, against William J. Porter, as Judge of the Criminal Court of Record in and for Duval County.

Writ issued.

BROWN J., dissenting.

COUNSEL R. B. Moseley, of Jacksonville, for relator.

William J. Porter, of Jacksonville, in pro. per.

OPINION

BUFORD Justice.

Petitioner was informed against in the criminal court of record in and for Duval county, Fla., by information in which it was charged that 'R. E. Crabtree of the County of Duval and State of Florida, on the fourteenth day of February, in the year of our Lord, one thousand, nine hundred and thirty-three in the County and State aforesaid, did then and there unlawfully offer or expose for sale certain gasoline in Duval County, Florida, which test of said gasoline showed an analysis below the standard for gasoline as fixed by the Commissioner of Agriculture of the State of Florida as required by law.' He was arrested and arraigned. He filed motion to quash the information upon the ground that it charged no offense against the laws of the state of Florida. Motion to quash was overruled and the cause docketed for trial.

Petitioner applied for writ of prohibition upon the ground that the information charged no offense whatever against the laws of the state of Florida.

Section 1 of chapter 7905, Acts 1919, provides as follows:

'Section 1. That for the purpose of this Act all gasoline, naphtha kerosene, benzine, or other like products of petroleum under whatever name designated, used for illuminating, heating cooking or power purposes, sold, offered or exposed for sale in this State, shall be subject to inspection and analysis as hereinafter provided. All manufacturers, wholesalers and jobbers, before selling or offering for sale in this State, any gasoline, kerosene or other mineral oil for power, illuminating, cooking or heating purposes, shall file with the Commissioner of Agriculture an affidavit that they desire to do business in this State, and shall furnish the name, brand or trademark of the oil or oils, which they desire to sell, together with the name and address of the manufacturer thereof, and that such oil or oils are in conformity with the standard prescribed by the Commissioner of Agriculture.'

Section 6 of the act provides as follows:

'Sec. 6. That all such oils as hereinbefore enumerated and designated that are used or intended to be used for power, illuminating, cooking or heating purposes, when sold under a distinctive name that shall fall below the standard fixed by the Commissioner of Agriculture, are hereby declared to be illegal, and shall be subject to confiscation and sale by order of the Commissioner of Agriculture. It is hereby made the duty of all manufacturers, wholesalers and jobbers and distributors who sell, barter or exchange gasoline or other oils within this State, to post conspicuously at the place of delivery to the consumer a card or sign not smaller than 12×15 inches, setting forth in size type not smaller than one inch in height, in the English language, the degree of gravity of the product sold, offered or exposed for sale.'

Section 14 of the act provides as follows:

'Sec. 14. That the Commissioner of Agriculture shall promulgate such rules and regulations not inconsistent with the provisions hereof as in his judgment may be necessary to the proper enforcement of this Act; and to define and fix the standards and specifications for all the oils and gases referred to in Section 1 hereof; such standards and specifications to be fixed before any of such oils and gases shall be sold or otherwise dispensed in this State.'

And section 16 of the act provides as follows:

'Sec 16. That any person, firm or corporation, who shall knowingly violate any of the provisions of this Act or any rule or regulation promulgated by the Commissioner of Agriculture shall upon conviction thereof be punished by a fine of not more than One Thousand ($1,000.00) Dollars, or by imprisonment in the State Prison for not more than...