Abbott v. State

Citations

• 106 Miss. 340
• 63 So. 667

Syllabus

<p>1. Constitutional Law. Delegation of legislative power. Animals. Laws 1908, chapter 106, sections 3 and 4. Penal statutes. Strict constructions. Offences. Failure to <tip cattle.</p> <p>Laws of 1908, chapter 106, section 3 providing that the Live-stock Sanitary Board shall have plenary power to deal with all con-tageous and infectious diseases of animals and to make, promulgate and enforce such rules and regulations as in the judgment of the board may be necessary to control, eradicate and prevent the introduction and spread of tick fever, etc., and to provide penalties for violations of such rules and regulations thereafter to be adopted, is not invalid as a delegation of legislative functions.</p> <p>2. Statute. Construction.</p> <p>Courts must look to the law itself for the legislative intent, and it is not within the province of the court to write the law.</p> <p>3. Penae Statutes. Strict construction. Laws 1908, chapter 106, sections 3 and 4.</p> <p>Laws 1908, chapter 106, sections 3 and 4, giving plenary power to the State Live-stock Sanitary Board with respect to contagious animal diseases and imposing penalties for violation of the act are highly penal and must he strictly construed.</p> <p>4. Same.</p> <p>Section 4 of the act penalizes violation of the “act itself,” and there is nothing in the act requiring persons to dip their cattle, therefore a party charged with a failure and refusal to dip his cattle in accordance with the rules and regulations of the state’s Live Stock Board, cannot be convicted under this act.</p>