80 F.2d 518 | 3rd Cir. | 1935
The decisive question in this case is whether 34 Stat. 1265, 21 U.S.C.A. §§ 91, 92, which read as follows, “That the provisions of this Act requiring inspection to be made by the Secretary of Agriculture
The construction of this proviso was involved in cases reported in United States v. Rohe & Bro. (D.C.) 218 F. 182, and United States v. Northwestern Fisheries Co. (D.C.) 224 F. 274, and it was there held that this proviso was confined to farmers, butchers, and retail dealers, and does not apply to plants whose products were inspected and passed by the inspection officers. These cases arose in 1914 and 1915, and as the government took no steps to review them or question their rightness in other cases, we assume the government had adopted the view of these two cases and acted on it for the past twenty years.
The judge below followed such construction; consequently, he was in no error in holding, as he did, that “the affidavit of defense raising questions of law ¿ ;msv. ined and judgment is directed to be entered for the defendant,” and such judgments are now affirmed by this court.