Daily Kennebec journal., 1904-04-09
FROM LAW COURT,
Rcscripts Handed Down in Lincoln and
kennebec Cases.

tn" following rcscripts have been
handed down by the law court:
Lincoln IS. Supreme judicial court,
State of Maine vs. Benjamin kaufman.
Rascript, Peabody. j. This was an
Indictment against the respondent fur
the Violation Of Chapter 30 OF the Pub
liz Laws of 1901 Tor packing sardines
in close time
IEe defence of the respondent IS that
l." was packing not saruincs but brook
trout. as these products are CONNER
Cially distinguished.
In Maine herring is the fish usually
packed for sardincs. The provision 0:
Tie statute alleged TO nave been violat-
ed has reference to herring WIN uced
for canning purposes. and prohibiting
packing CT canning sar,lines OF amy de
scri?tion between the first day OF De-
cember and the tenth day of the fol-
lowing May. The fish We're canned by
the respondent between these dates.
but they Wor not less than eight inches
in length. Another provision in the
same clause fixes Il penalty for catch
ing, packing. preserving or selling or
offering for sale within the same dates
any herring for canning purposes less
than eight inches in length.
1t would be Inconsistent to hold that
q person is iitLle TO Il penalty for can
ming fish which he may lawfully catch
for Gaming nul poses and there is IL
seeming ambiguity which requires the
construction Of this statute. In con-
STRUNG penal statute. an inlerpreta-
tiGn should be given which is most ia
Norubie to tile innoce3cc OF tie citizen.
and most agreeable TO reason and ju.-
tice. There is also Il rule OF ;onstruc-
tion that the rolicy and intent Of the
legislature should be ascartanod. There
are Sovcr@ kinds Of sardnes known in
the packing business. differing as to
tne size Of tie fish and the process and
treatment il canning.
At certain periods Of the year
ihe herring used are not less than
eight inches in length, and at others.
they riay be OF an: length. They may
be pa"!it d as standard sardinesf or
more "x'ensiveiy packed as higher
grade o. sardnes, or as imitation trout.
or imitation mdckcrel.
Thu treatment and process distinguish
the grade of the sardiuc product Tho
policy of the law seeks to regulate the
canning business for the purpose of pro-
tcctins the fish Industry by preventing
th" defamation Of herring on the. coast of
Maine The words in which the ambi-ui-
" OF the statute originated are for can
ming Purposes and "of any dCScrip;inn''
i'll the clause referred to. The words tor
canning purposes simply modify tho lin
iia tion OF the taking of herring under
eight inches in length. which are princi-
pally used for sardincs ard cannot imp!.
Il license to take nC"rinG of larger Sizn
t"' canning purposes in close time. Thc
evidence shows that in packing the li%h
IN question and disrardinG tho smaller.
there is a waste and ther" must lie a di-
minShcd reduction of the fish
The words ''of any description" arr Of
wide. application, and clearly prohibit ~!
sardine canning within the tim" limits
fINnd by the statute The intention of the
Legislature may lie clearly Inferred from
til" context and tn" subject matter. Tho
FISH. process and treatment US"d hy III"
respondent in canning tn" goods which M
9sil1 and lahc!S brock trout. iulhl all tho
conditions Of canning sardincS.
Judgment for the state.
\ KENNEBEC CASE
Kcnnchcc se Supreme judicial court
Gcofcina NJ Crosby VS.. Albert A. Spear
Same vS Same
Roscript Powers J. When 4 court
state or federal has once taken into its
jurisdiction Il specific thing. no curr, cx-
| Ccpt one having supervisory control
superior jurisdiction in tho premises. has
q right to interfere with and change that
| possession.
| After an adiudicliion in b1nkrrntcv
and Qualification of the trustee the ha nix
! rupt'S property is placed i'll the possession
| of the bankruptcy court.
| An action of r"pl"vLn in II state court
| cannot br commenced and maintained
| against til" trustee to recover property
| in the possession of aud claimed hv tn,
| bankrupt at the time of the al Iudication.
| and in the possession 0f th, rcfnr,,. in
/ bankruptcy 1T the time whan the action
! is hcgjn.
| An adVcrSr claimant may hrin. suit in
| the State court and Try the tilIc tu thn
property; but after The iUriSciit ton OF The.
! bankruptcy court has once attached hc
: cannot take the property in species out
Of the possession of that court ur of an,,
of its agents.
| Plaintiff nOnsUit.
Judgment for return of the property.