Ruggiero

Ruggiero v. United States

Good Law
156 F.2d 976·1946 U.S. App. LEXIS 2662
United States Court of Appeals for the Ninth CircuitAugust 30, 1946No. 11165California653 words

Opinion

Lead Opinion

Bone, J.

This is an appeal from a conviction in the District Court for violation of Section 2.5 arid Section 2.6 1 of General Ration Order No. 8. The facts briefly are these: Appellant Ruggiero, who was engaged in the retail sale of meat, purchased ration stamps outside the normal course of trade. He deposited some of these stamps in his ration bank account, and gave some to appellant Belluomini, his associate in another meat market, who deposited them in his ration bank account. Routine inquiry by the gov- *977 eminent disclosed that the stamps were counterfeit and resulted in this prosecution; but there was no evidence in the record that either of the appellants was told that the stamps were counterfeit.

The appellants contend that General Ration Order No. 8 is in excess of the authority given the President by the Second War Powers Act, and therefore a violation of it cannot be a crime. General Ration Order No. 8 is a regulation which set up the system of wartime food rationing. It was issued by the. Price Administrator under authority of the President, 50 U.S.C.A.Appendix, § 633, which authority was delegated to the Secretary of Agriculture by Executive Order 9280, 50 U.S.C.A.Appendix,…

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