Shawnee Milling Co. v. Temple

Citations

• 179 F. 517
• 1910 U.S. App. LEXIS 5420

Syllabus

<p>1. Injunction (§ 85*) — Scows of Relief — Enforcement of Criminal or Penal Statutes.</p> <p>A bill lor injunction to restrain the enforcement of a criminal or penal statute is allowable when the statute is unconstitutional or invalid, where, in an attempt to enforce it, property rights' are invaded, or where oft-repeated attempts to enforce it would create a multiplicity of suits, in themselves oppressive.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 155, 156; Dec. Dig. § 85.*</p> <p>Restraining criminal proceedings, see note to Arbuckle v. Blackburn, 51 C. O. A. 133.]</p> <p>2. Injunction (§ 85*) — Civil Proceedings.</p> <p>Rev. St. § 723 (U. S. Comp. St. 1901, p. 583), declaring that suits in. equity shall not be sustained in either of the courts of the United States in any case where plain, adequate, and complete remedy may be had at law, prohibits the filing of a bill in equity to enjoin the enforcement of a valid statute by civil proceedings.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. §§ 155, 156; Dec. Dig. § 85.*]</p> <p>8. Evidence (§ 7*) — Judicial-Notice—Qualities and -Properties of Matter.</p> <p>Judicial notice will be taken of tbe fact that good, sound wheat of the best variety,. properly and timely harvested, put through the sweat in the stack, welt ground and bolted, makes nutritious, wholesome, and white flour.</p> <p>[Ed. Note. — For other cases, see Evidence, Dec. Dig. § 7.*]</p> <p>4. ' Food (§ 22*) — Bleached Flour — Injury to Health — Question for Jury.</p> <p>Whether flour, bleached by the use of nitrogen peroxide under the Andrews’ patent, or pursuant to the AIsop process, is flour so treated that inferiority is concealed, or contains added poisonous ingredients which' may render it injurious to health, in violation of National Pure Food Daw June 80, 1906, c. 3915, 34 Stat. 768 (U. S. Comp. St. Supp. 1909, p. 1187), is a question of fact for determination by a jury, or toy the court if a jury is wai