balint argued march decided march wm herron washington chief justice taft delivered opinion writ error district criminal appeals act march stat comp defendants error indicted violation narcotic act december stat comp indictment charged unlawfully selling another certain amount derivative opium certain amount derivative coca leaves pursuance written order form issued blank purpose commissioner internal revenue contrary provisions section act comp defendants demurred indictment ground failed charge sold inhibited drugs knowing statute make knowledge element offense district sustained demurrer quashed indictment correctness ruling question us general rule common law scienter necessary element indictment proof every crime followed regard statutory crimes even statutory definition terms include rex sleep cox modification view respect prosecutions statutes purpose obstructed requirement question legislative intent construed objected punishment person act violation law ignorant facts making absence due process law objection considered overruled minnesota sup ed held prohibition punishment particular acts state may maintenance public policy provide shall shall peril heard plead defense good faith ignorance many instances found regulatory measures exercise called police power emphasis statute evidently upon achievement social betterment rather punishment crimes cases mala se commonwealth mixer mass ann cas commonwealth smith mass commonwealth hallett mass people kibler state kinkead atl mccutcheon people state thompson iowa leathers sawy fed cas thompson fed mayfield fed bottles gin fed feeley fed voves fed collection taxes importance public collection leads legislature impose taxpayer burden finding facts upon liability pay depends meeting peril punishment regina woodrow bruhn rex one deals others mere negligence may dangerous selling diseased food poison policy law may order stimulate proper care require punishment negligent person though ignorant noxious character sells hobbs winchester corporation div question us therefore one construction statute inference intent congress narcotic act held taxing act incidental purpose minimizing spread addiction use poisonous demoralizing drugs doremus sup jin fuey moy sup ann cas section narcotic act stat give part margin evident reading emphasis section securing close supervision business dealing dangerous drugs taxing officers government merely uses criminal penalty secure recorded evidence disposition drugs means taxing restraining traffic manifest purpose require every person dealing drugs ascertain peril whether sells comes within inhibition statute sells inhibited drug ignorance character penalize congress weighed possible injustice subjecting innocent seller penalty evil exposing innocent purchasers danger drug concluded latter result preferably avoided donbtless considerations opportunity seller find fact difficulty proof knowledge contributed conclusion think demurrer indictment overruled judgment reversed justice clarke took part decision footnotes part section act entitled act provide registration collectors internal revenue impose special tax upon persons produce import manufacture compound deal dispense sell distribute give away opium coca leaves salts derivatives preparations purposes approved december stat shall unlawful person sell barter exchange give away aforesaid drugs except pursuance written order person article sold bartered exchanged given form issued blank purpose commissioner internal revenue every person shall accept order pursuance thereof shall sell barter exchange give away aforesaid drugs shall preserve order period two years way readily accessible inspection officer agent employee treasury department duly authorized purpose state territorial district municipal insular officials named section five insular officials named section five provided person aforesaid drugs shall time giving order make cause made duplicate thereof form issued blank purpose commissioner internal revenue case acceptance order shall preserve duplicate said period two years way readily accessible inspection officers agents employees officials hereinbefore mentioned