Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-08-21
UNITED STATES DISTRICT
COURT
DISTRICT OF VERMONT.


United States VS.. Fifty-nine Boxes OF
Drugs.
NO. $50.
WHEREAS, libel of information for
seizure has been filed in the District Court
Of the United States for the District of
Vermont. on the 10th day of July. a. D.,
1919. by Vernon A. Bullard, United States
District Attorney for the District Of Yer
mont setting forth. in substance, that
! certain drug drugs, to wit. same
contained in fifty nine boxes prepared for
sale to the consumer. all of which boxes
are encased in paper and known as a car
ton wrapper, that the carton or wrapper
of each box bears a label referring to said
drug or drugs in which occurs the word or
device BLACK Cap" said drug being sub
stance mixture intended to be used for
the cure. mitigation. or prevention Of dis
ease of man, all as defined in section of
the Act OF June 80, 1906, amended; that
I each package of said drugs contains
circular. said circular being a part Of each
package.
That all of said drugs, including the con-
tanners thereof. with their cartons or wrap
pers, to wit, fifty nine boxes in number.
are now in the possession of the Burlington
Drug Company, corporation duly organized
and established and having its main office
and place of business in the City of Bur
lington, County of Chittenden. and within
the jurisdiction of this court: all OF said
drugs, together with containers and wrap
pers with labels thereon, being shipped to
the Burlington Drug Company at said City
of Burlington, from the City of Canton, in
the State of Ohio in Interstate commerce.
by the way of the American Railway Express
Company, corporation engaged in inter-
| state commerce by interstate railways and
| other means. by the Safety Remedy Com
pany, so-called, a corporation duly organized
and having Its main office and place of
business in the City of Canton. aforesaid. in
the State of Ohio on or about the 9th day
of November. 1917
Said information further sets forth that
said drugs misbranded in that the
statements upon the labels upon each car
ton or wrapper and the statements in each
OF said circulars regarding the curative and
therapeutic effects thereof and the in
, gradients and substance composing tho
same, are false and fraudulent.
WHEREFORE said United States attor-
ney, on behalf Of the United States. says
that the allegations contained in said infor-
nation true and that by reason thereof.
and by force OF the statute in such
made and provided the said drug, to wit
contained in fifty nine boxes aforesaid.
known and called BLACK Caps" including
containers, wrappers and cartons. become
and are forfeited TO the United States.
AND WHEREAS. a writ of seizure, dated
July 49, 1919. issued by the United
States District Court. within and for the
District OF Vermont on said 18th day OF
July, 1919, at Burlington, aforesaid, by viz
tue Of tho said writ ! attached and took
into my possession 1fty-three boxes of drugs.
being the same boxes Of drugs described
In said information and writ, together with
their containers, DpNtS, wrappers ana car
tons with the labels thereon. all there
In directed.
NOW, THEREFORE, in accordance with
the order contained in said writ notice is
hereby given to all persons claiming the
said drugs or knowing or having anything
to say why the same should not be con-
dcmned or sold pursuant to the prayer OF
said libel or information that they be and
appear before the said court to be held in
and for the District of Vermont at Burling-
ton. in said district. on the first Tuesday
Of September, a. H.. 1910. at ten o'clock
In the forenoon, II the same shall be day
of Jurisdiction. otherwise on the next day
of Jurisdiction thereafter, then and there to
interpose a claim for the same and to make
their allegations in that behalf.
Dated at Rutland, In said district, - this
10th day of July. A, D., 1919
ARTHUR Il, CARPENTER
United States Marshal for tho District of
Vermont. 7,w3t