Hathaway v. McDonald

Citations

• 27 Wash. 659
• 68 P. 376
• 1902 Wash. LEXIS 437

Syllabus

<p>APPEAL-DISMISSAL-FAILURE TO EXCEPT TO FINDINGS.</p> <p>The fact that a judgment was rendered upon findings of fact and conclusions of law, and that appellant took no exceptions thereto, would not be ground for dismissal of the appeal, where the errors assigned arose upon the pleadings.</p> <p>PURE FOOD LAW STATUTES — PENALTY INCLUDED WITHIN TITLE.</p> <p>An act entitled “an act regulating the manufacture of dairy products, to prevent deception or fraud in the sale of the same or imitation thereof, providing for the appointment of a dairy commissioner and defining his duties, . . . providing penalties for violations of this law,” etc., is broad enough to cover provisions for the confiscation of fraudulent dairy products.</p> <p>SAME — PROCESS BUTTER RIGHT TO CONFISCATE.</p> <p>Under Laws 1899, p. 56, which provides in § 28 that the dairy commissioner may seize and take possession of any article, the sale of which is prohibited by that act, and in § 30 that no person shall manufacture or offer for sale process butter, unless the same is plainly marked “Renovated Butter,” under penalty of fine or imprisonment, or both fine and imprisonment, the dairy commissioner is authorized to seize such process butter when kept for sale in violation of law, since by a construction of the two sections together the commissioner is fully clothed with such power, although the penalty by fine and imprisonment is imposed.</p> <p>SAME-VIOLATION OF INTERSTATE COMMERCE — POLICE POWER OF STATE.</p> <p>A state statute prohibiting the sale of process butter unless it is plainly marked with the words “Renovated Butter,” so as to prevent the imposition of a fraud upon the public, falls within the police powers of the state, and is not in violation of art. 1, § 8 of the federal constitution, which delegates to congress the power to regulate comjtnerce between tne states, even when such butter is sent into this state from another state for purposes of sale in unbroken packages.</p>