The Republican journal. [volume] (Belfast, Me.) 1829-current, 1913-07-17
THE APPLE PACKING LAW.
As Interpreted by Attorney General WiIst

AS Interpreted by Attorney General Wilson
Hon. John A. Roberts, owing to tn
fact that many questions have been aske,
as to the Interpretation of the law passe,
by the last Legislature relative to tn,
packing, shipping and sale of apples
asked of Attorney General Scott Wilson
his opinion on the questions, and submit
ted to him several of the points upor
which there was doubt.
Attorney General Wilson applied te
Commissioner Roberts, as follows:
In relation to the questions submit.
ted to you concerning the act regulating
the packing. shipping and sale of apples,
taking the questions up in the order
which you named them, l will say:
l. The branding of apples for Interstate
or foreign shipment under the United
STATES statute appears to be optional but.
if branded, must comply with provisions
of law.
2. l think all packages of apples
must be branded to comply with the
Name law, whether they are to be sold for
/ lterstate or foreign shipment or for To-
cal sale.
3. think that the Maine Statute al
lows other sizes than the bushel or barrel
to be used, provided its contents are
measured by the standard fixed in the
.atute.
4. Of course the meaning of the word
used in this connection is to be deter
mined by its common use, "Sound' Or
dlnarily means free from rot or other
defects, but as this section seems to de-
fine about all other defects, it seems
that the word ''sound" in this connec-
ton would have reference more particu
larry to its freedom from decompositjon
D. Section three seems to require the
class or grade OF apples to be plainly de-
slgnated, which would, no doubt, include
the ''unclassitied. In other words. in
branding, there would be three classes:
Zone, two and unclassified."
3. l think that either method could
be used and comply with Section 3. The
language seems to imply printed label,
but | think, stencilirg, which met the
requirements, would be held to be com
pliance with the law.
T. amy person is anyone who know
llngly Goes any act which is violation
OF the provisions of this chapter. 1t
might be the agent of the purchaser, or
any or all of the crew who did the grad
ing and packing, or any other person
who had to do with any of the acts that
are necessary to be done in order to com
ply with this statute. To take specific
instance, If purchaser orders his agent
to pack and grade apples, if the work is
done in the State of Maine and the agent
tails to grade and classify, or brand, as
required by statute, it seems to me that
unquestionably he would be liable to
prosecution.
8. Where an agent or owner orders
crew OF men to grade, pack or brand,
any or all would be liable who know
lngly did any act that was in violation
of the provisions of this statute. Of
course, if one man has some especial
part of the work assigned to him,
which had nothing to do with the clas-
styling or Improperly branding | think
there must be a commission knowingly
OF some of the acts, which are in viola
ton of this statute, in order to render
any person liable to its penalties. And
by knowingly, | do not mean the law,
because every man is presumed to know
the law; but that he Intentionally does
some of the acts which constitute VIC
lation of the law; that is, if you please.
without any knowledge of the provision
of this law, puts apples which, under the
statute are classified No. 2, into barrels
which are marked No. l. or fails to mark
the barrels at all, or marks as No | ap-
pies which really should be classed as un-
classified.
9. | am inclined to think that the COM
missioner of agriculture must proceed
under Section 8 before he commences
prosecution. That section, taken in con-
nection with Section IA, would seem to
indicate that it was the intent OF the
Legislature for the commissioner to give
hearing before he started prosecu-
ton.
10. The action can undoubtedly be
brought in any county where offence is
committed. l.: the offence is in packing
it might be brought in the county where
the apples happened to be; that is. the
party packing might be PROCEEDED against
in any county for aduteration or mis-
branding or transporting, wherever the
apples happened to be, if they We're still
in his ownership. So many conditions
might arise under this head that prob
ably each one, if at all unusual, had bet
ter be taken up when ii arises
II. What have said in reply to seven
and eight would apply to this section:
That any or all persons who knowingly
participate in any of the acts that are
prohibited in this section are liable to