Bartolloti

In this proceeding the appellant seeks a writ of prohibition restraining the respondent police court from trying him under a charge of having committed a misdemeanor in violating the provisions of a certain act of the legislature. The respondents answered and made a motion for judgment on the pleadings, which was granted. The appeal is from the judgment.

The act under which it is sought to punish Bartolloti is found at page 416 of the Statutes of 1911 (Deering’s Gen. Laws, Act 4122). Section 1 of the act provides, to state it in general terms, that persons engaged in manufacturing, bottling, and selling certain commodities, also specifically mentioned in section 2, which is set forth below, may file in the office of the county clerk and of the Secretary of State a description of the names, marks, or devices used on the receptacles in which the commodities are sold, and cause the description to be published for a certain period in a newspaper.

Section 2 of the act follows: “It is hereby declared to he unlawful for any person or persons, corporation or corporations, to fill with olive oil, salad oil, or any substitution therefor, or similar to olive oil, ripe or green olives, soda…