Cardiff

194 F.2d 686 CARDIFF v. UNITED STATES. No. 12945. United States Court of Appeals Ninth Circuit. February 13, 1952. Writ of Certiorari Granted May 5, 1952. John Lichty, Portland, Or., for appellant. Harvey Erickson, U. S. Atty., Spokane, Wash. (Arthur A. Dickerman, Atty., U. S. Food and Drug Administration, Federal Security Agency, Los Angeles, Cal., of counsel), for appellee. Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges. DENMAN, Chief Judge. 1 This is an appeal from a judgment convicting Cardiff of violating Section 331(f) of 21 U.S.C.A. by his refusal to permit entry and inspection of the premises of the Washington Dehydrated Food Company of which Cardiff was manager. The stipulated facts are as follows: 2 That the Washington Dehydrated Food Company, a corporation, is a processor of food, manufactured, packed and held for introduction into interstate commerce; that the appellant, Ira D. Cardiff, is the President of said corporation and was the operator and custodian of the factory of the Washington Dehydrated Food Company, and that as an individual he is responsible for the acts of the corporation; that on March 31, 1950, at Yakima, in the Southern Division of the…

This is an appeal from a judgment convicting Cardiff of violating Section 331(f) of 21 U.S.C.A. by his refusal to permit entry and inspection of the premises of the Washington Dehydrated Food Company of which Cardiff was manager.

The stipulated facts are as follows: That the Washington Dehydrated Food Company, a corporation, is a processor of food, manufactured, packed and held for introduction into interstate commerce; that the appellant, Ira D. Cardiff, is the President of said corporation and was the operator and custodian of the factory of the Washington Dehydrated Food Company, and that as an individual he is responsible for the acts of the corporation; that on March 31, 1950, at Yakima, in the Southern Division of the Eastern District of Washington, Inspectors R. C. White and Horace A. Allen, agents of the Federal Security Agency, at a reasonable time did request permission to enter and inspect the factory, which request was refused by the appellant; that the Washington Dehydrated Food Company was at that time engaged in the preparation of food products for introduction and shipment into the channels of interstate commerce.

Cardiff contends that the district court has…

(concurring).

The majority’s able opinion makes an effort to read some meaning- into this statute and states that in a certain hypothetical case, not like the one before us, a person might be quilty of an offense under this section. I am not prepared, and I do not think it wise, to express an opinion upon this supposititious case. I think that this statute, as written, is just plain nonsense, and because it is not the function of a court to rewrite such language, the judgment must be reversed.