Legal Opinion

State v. Southern Cotton Oil Co.

Supreme Court of North Carolina

Decided March 22, 1911PublishedCited by 3 opinions

Appeal from Ward, J., at December Special Term, 1910, of Pitt. The defendant stood indicted in tbe following bill: “The jurors for the State upon their oaths present, that The Southern Cotton Oil Company, a corporation, late of the county of Pitt, on tbe first day of April, 1909, witb force and arms, at and in the county aforesaid, did unlawfully and willfully sell and offer for sale to J. R. Bunting a quantity of cotton-seed meal in sacks, said sacks not being branded as is…

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Appeal from Ward, J., at December Special Term, 1910, of Pitt. The defendant stood indicted in tbe following bill: “The jurors for the State upon their oaths present, that The Southern Cotton Oil Company, a corporation, late of the county of Pitt, on tbe first day of April, 1909, witb force and arms, at and in the county aforesaid, did unlawfully and willfully sell and offer for sale to J. R. Bunting a quantity of cotton-seed meal in sacks, said sacks not being branded as is required by law and said sacks containing said meal having-tags attached to said sacks which did not contain and did…

1Opinion of the Court

Clare, C. J".

Revisal, 3945-3978, contains a careful and comprehensive scheme to protect ti.e public from the sale of worthless fertilizers and injurious foods. The most efficient method of insuring this protection is the requirement therein that the contents of each package must be shown by a label or tag. The requirement of a small tax and the certificate that it has been paid is simply incidental and to provide a means for executing the law by proper inspection and prosecution for violation of its terms. Indeed, in a case that went to the United States Supreme Court it was held that if this…

2Cases cited4 opinions

  1. Patapsco Guano Co. v. North Carolina Board of AgricultureSupreme Court of the United States · 1898
  2. Sutton v. . PhillipsSupreme Court of North Carolina · 1895
  3. School Directors v. City of AshevilleSupreme Court of North Carolina · 1905
  4. State v. Holloman.Supreme Court of North Carolina · 1905

3Cited by3 opinions

  1. Minnesota Wheat Growers Co-Operative Marketing Ass'n v. HugginsSupreme Court of Minnesota · 1925
  2. Swift v. . EtheridgeSupreme Court of North Carolina · 1925
  3. Swift & Co. v. EtheridgeSupreme Court of North Carolina · 1925

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