In re THOMAS

In re THOMAS. (Circuit Court of Appeals, Sixth Circuit. April 5, 1898.) No. 522. Oleomargarine — Use in National Soldiers5 Home — Regulation by State. The. governor of the Soldiers’ Home at Dayton, Ohio, in serving to the inmates as food oleomargarine furnished by the government, is not subject to the law of the state prescribing the manner in which oleomargarine shall be used in eating houses. The legislature haying no power to regulate the conduct of such institution, the statute is to be construed as not applying thereto. Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. This was an application by J. B. Thomas, governor of the Soldiers’ Home at Dayton, Ohio, for a writ of habeas corpus to release him from imprisonment under state process for alleged violation of the state statutes in serving to the iumates of the Home oleomargarine, without first complying with the state regulations in that regard. The petitioner was discharged by the circuit court (82 Fed. 304), and the present appeal was taken from its order. C. H. Dosier and D. L. Sleeper, for appellant. Judson Harmon and D. W. Bowman, for appellee. Before BURTON, Circuit Judge, and SEVERENS and CLARK, District Judges. [MAJORITY — PER CURIAM.] PER CURIAM. The facts of this case are stated in the opinion of Taft, circuit judge, who heard the case in the court below. His opinion is reported in 82 Fed. 304. With respect to the question of law involved, we concur in the reasoning upon which Judge Taft’s opinion proceeds (and which we are content to adopt as our own), and in the conclusion which he reached, save that we prefer to resi our approval of the order made by the court below upon the ground that, inasmuch as the legislature of Ohio had no power to regulate (he conduct of this administrative agency of the national government by such a statute as is here in question, it ought to be presumed that the legislature did not intend it to have such au application, and that the statute should be construed accordingly. The order of the court below is affirmed, with costs.