Tedrow v. Lewis & Son Company

Decided on the authority of United States v. Cohen Grocery Co., ante, 81.

Affirmed.

to enjoin institution of criminal prosecutions against dealers in wearing apparel, under § 4 of the Food Control Act.

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.

Mr. William L. Frierson, Solicitor General for appellant.

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.