Dotson v. Foust
Supreme Court of Pennsylvania
Appeal, No. 9, May T., 1911, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1911, No. 1, awarding peremptory mandamus in case of R. C. Dotson, President of the Eastern Provision Company v. James Foust, Dairy and Food Commissioner of Pennsylvania. Petition for mandamus.
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Appeal, No. 9, May T., 1911, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1911, No. 1, awarding peremptory mandamus in case of R. C. Dotson, President of the Eastern Provision Company v. James Foust, Dairy and Food Commissioner of Pennsylvania. Petition for mandamus. Before McCarrell, J. The petition averred that the Eastern Provision Company was engaged in selling oleomargarine and butterine, and had made a proper application to the dairy and food commissioner for a license to sell oleomargarine, and that the dairy and food commissioner had refused the license…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The Act of May 29, 1901, P. L. 327, regulating the sale of oleomargarine, butterine, and similar products, provides that the application for a license to manufacture or sell such products shall contain an accurate description of the place where the proposed business is to be carried on, and the name and style under which it is proposed to conduct such business, in addition to such other matters as may be required to be stated therein by the dairy and food commissioner, to whom the application is to be made. Giving this latter provision relating to the power of…