United States v. Powers-Weightman-Rosengarten Co.

• Decision Date: 17 October 1913
• Citation: 211 F. 169
• Parties: UNITED STATES v. POWERS-WEIGHTMAN-ROSENGARTEN CO.
• Court: U.S. District Court — Southern District of New York

211 F. 169

UNITED STATES v. POWERS-WEIGHTMAN-ROSENGARTEN CO.

United States District Court, S.D. New York.

October 17, 1913

Robert P. Stephenson, Asst. U.S. Atty., of New York City.

Cardozo & Englehard, of New York City, for defendant.

HUNT Circuit Judge.

Demurrer to an information containing three counts, each charging a violation of the second section of the Insecticide Act of 1910 (36 Stat. 331). Each count of the information charges that the defendant--

'did ship and deliver for shipment from the city of New York state of New York, via the Delaware, Lackawanna & Western Railroad Company, through the states of New Jersey and Pennsylvania, to the city of Buffalo, in the state of New York, consigned to Plimpton, Cowan & Co., a certain insecticide,' etc.

The demurrer is based upon the ground that the information does not allege facts sufficient to constitute a violation of any of the laws of the United States, and in particular not of the act of Congress known as the Insecticide Act of 1910, in that it appears upon the face, thereof that the alleged insecticide referred to in each of the counts of the information was shipped from the city of New York to another city in the state of New York, namely, the city of Buffalo and not from the state of New York to any other state or territory, or the District of Columbia.

The relevant portion of the insecticide statute reads as follows:

'The introduction into any state or territory or the District of Columbia from any other state or territory or the District of Columbia, or from any foreign country, or shipment to any foreign country, of any insecticide, or Paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this act is hereby prohibited; and any person who shall ship or deliver for shipment from any state or territory or the District of Columbia to any other state or territory or the District of Columbia, or to any foreign country, or who shall receive in any state or territory or the District of Columbia from any other state or territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver, to any other person, any such article so adulterated or misbranded within the meaning of this act, or any person who shall sell or offer for sale in the District of Columbia or any territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or fungicide, or export or offer to export the same to any foreign country, shall be

...