Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-08-07
UNITED STATES DISTRICT
COURT
DISTRICT OF VERMONT.

United States vs.. Ffty-nine Boxes OF
Drugs.
NO 23o.
WHEREAS libel of information for
seizure has been filed in the District Court
Of the United States for the District Of
Vermont on the 18th day of July, A. n.
1919, by Vernon A. Billiard, United States
District Attorney for the District of Yer
mont setting forth. in substance. that a
certain drug drugs. TO wit now
Contained in fftynine boxes prepared for
sale to the consumer. all of which boxes
are encased in paper and known car
ton wrapper, that the carton 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 or 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 30. 1905, amended that
each package of said drugs contains a
circular, said circular being part of each
package.
That all Of said drugs, including the con-
tanners thereof with their cartons wrap
pers, to wit, hfty-nine boxes in number,
are now in the possession of the Burlington
Drug Company, corporation duly organized
and esta blshed and having its ma in off ice
and place of business in the City of Bur
lngton, 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 sa id 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
etate commerce by interstate railways and
other means. by the Safety Remedy Com
pany so-called. a corpora ton 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 informal ton further sets forth that
said drugs are misbranded in that the
tIA hi.
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 the
eame, are false and fraudulent
40 WHEREFORE, said United States attor-
ney, on behalf of the United States, says
that the allegations contained in said infor-
nation are true, and that by reason thereof
and by force Of the statute in such case
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 dat ted
July 10. 1919. was issued by the United
. States District Court, within and for the
District Of Vermont. on said 10th day OF
July, 1919 at Burlington, aforesaid, by yir
tue OF tho said writ l attached and tool
into my possession fifty three boxes Of drugs
being the same boxes of drugs described
In said information and writ. together will
their containers, boxes, wrappers and car
tons with the la bells thereon. all as there
In directed.
NOW, THEREFORE,, In accordance witt
the order contained in said writ, notice l.
hereby given to all persons claiming tn,
said drugs or knowing or having anything
TO say why the same should not be con
demned or sold pursuant to the prayer o
said libel or information that they be anc
appear before the said court to be held II
and for the District OF Vermont a Burlng
ton, in said district. on the first Tuesda,
OF September, A. D. 1919. al ten oclocl
in the forenoon If the same shall be a da,
OF jurisdiction, otherwise the next da,
e. Of jurisdiction thereafter, then and there I,
tnterpose a claim for the same and to max
their allegations in that behalf
Dated at Rutland, in said district, thi
10th day OF July, A. D., 1919
80 ARTHUR p. CARPENTER
United States Marshal for the District o
- Vermont. 7w3t