Tedrow v. Lewis & Son Company
United States Supreme Court
TEDROW, AS UNITED STATES DISTRICT ATTORNEY FOR THE DISTRICT OF COLORADO, v. A. T. LEWIS & SON DRY GOODS COMPANY ET AL.
Appeal from the District Court of the United States for the District of Colorado.
No. 357. Argued: October 19, 20, 1920. --- Decided: February 28, 1921.
Statement of the Case.
Decided on the authority of United States v. Cohen Grocery Co., ante, 81.
Bill to enjoin institution of criminal prosecutions against dealers in wearing apparel, under § 4 of the Food Control Act.
Argument for Appellant.
The Solicitor General, for appellant, in addition to the points made in the principal case, ante, 81, contended:
A controversy as to the proper construction of a crimi- . nal statute does not authorize an injunction against prosecutions under that statute.
The exclusion from the act of farm products in the hands of the producer is not an arbitrary and unconstitutional classification.
The penalties provided are not so unusual, excessive, cruel and drastic as to be unconstitutional.
Counsel for Parties.
Mr. Charles E. Hughes and Mr. Clayton C. Dorsey, with whom Mr. Gerald Hughes was on the brief, for appellees.
Mr. William D. Guthrie, Mr. Benjamin F. Spellman and Mr. Bernard Hershkopf, by leave of court, filed a brief as amid curiae.
Mr. Wm. A. Glasgow, Jr., and Mr. Louis O. Van Doren, by leave of court, filed a brief as amid curiae.
Mr. Chief Justice WHITE delivered the opinion of the court.