Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-10
STATE HOUSE.
Atty. General |nterprets The
Apple Packing Law.
Supi. Of Buildings McFadden
Establishes Rest Room.
Order 10 Increase State Laboratory
Forcs..new Corporations.
STATE HOUSE CALENDAR.
Regular Meeting of Governor and
Council, Tuesday, July 29, 1913, 10
A. M. Special Session, Saturday,
July 10.


fact that many questions have been
asked as to the Interpretation of the
law passed by the last Legislature rel
ative tn the packing, shipping and sale
Of apples. asked Of Attorney General
Scott Wilson his opinion on the ques-
tons, and submitted 10 him several of
the points upon which there was doubt
Attorney General Wilson applied to
Commissioner Roberts, Wednesday, as
follows:
In relations to the questions submit
ted to You concerning the act reguiat-
Ing the packing, shipping and sale of
apples, taking the questions up in the
order which YOU named them, / will
say:
l. The branding of apples for inter-
state or foreign shipment under the
United States statute appears to be
optional. but, If branded, must comply
with provisions of law.
2. think all packages of apples must
be branded to comply with the Maine
law whether they are to be sold for i'll
+ terstate or foreign shipment or for To-
cal sale
9. | think that the Maine statute al
lows other sizes than the bushel or
barrel to he used. provided its contents
are measured by the standard fixed i'll
the statute.
4. OF course the meaning of the work
used in this connection is to be deter
mined by its common Use. Sound or
ainafiy means free from rot or other
defects but as this section seems to
define about all other defects, il seems
that the word Sound" in this connec-
ton would have reference more par
ticuiarly To its freedom from decompo-
sftion.
). Section three seems TO require the
class or grade of apples to be plainly
de sisnated, which would, no doubt, in
elude the "uncla ssified." In other
words. in branding, there would be
three classes. One, two and uaclassi-
fed
q. | think that either method could
be used ard comply with Section B. The
language seems To imply printed la
bel. nut ] think, Il stencilling, wtieh
met the requirements. would he held
to be a compliance with the law.
:: Any person is anyone who know
ingfy does any act which is a violation
al the provisions of this chapter. Il
might be the agent of the purchaser, or
any or all OF the crew who did the
s.4n who had tn do with any of tie acts
thai are necessary To he done in order
to comply with this statpte.- To take
specific instance. if a purchaser orders
his agent to pack and grade apples, II
The work is done in the State OF Name
and the AGENT fails to grace and classi-
II. or brand, as required by statute,
il seems te me that unquestionably he
would be Fable To prosecution.
g Where an agent or owner orders n
crew of men to grade. pack or brand,
any OF all would be liable who know
ipglv did any act that was in violation
Of the provisions CT this stature of
course if one man has some especial
part of the work assigned To hfhi'
which had nothing to do with Tie cas-
styling or improperly branding. thihk
there must be commission knowingly
OF some Of the acts, which are IN NO
lation Of this statute, in order To rem
der any person liable to its penahties.
| And py knowingly, / do not mean the
law, because every man is presumed 10
knew the law: but that he intentioh-
Ally does some of the acts which con-
| stit,+e a violation of the law, that is,
| If Won nlease. without any knowledge OF
| the provision of this law, puts apples
| u HIGH. under the statute are c!asslled
/ No , into barrels which are marked
/ No. /. or fails to mark the barrels at
| all OF marks as No. l apples Whlch
really should be classed as unciassihed'
| o am inclined to think tadt5 ihe
| commissioner OF agriculture must pro-
= coed under Section before he com
| n,ences prosecution. That section tax
en- in connection with Section IA, would
! seem to Indicate that ii was the intent
of the LEGISLATURE for the commissioner
/ II give hearing before he started
| prosecution. :,
| 10. The action can undoubtedly pe
| brought in any county where onence Is
| committed If the offence is in packing
! il might he brought in the county
! where the apples happened to be- una
| is. The party packing might lie pro
| ceeded against in any county iof aoui
| teration or misbranding or transport
| ing. wherever the apples happened u
| he. if they were still in his owhership
| So many conditions might arise Gloei
this head that probably each one, IL at
all unusual, had better be taken up
| when it arises. :.
| H. What l have SAID III iep'S
| seven and eight would Apply 10 inns
| section. That any or all persons WHO
| knowingly participate in any vi ."e
| acts that are prohibited in TINS seetioi'
|