Montana labor news., 1937-07-08

Utah." are adulterated, in violation OF
Section 7, Paragraph Second tSection 8,
Title 81, u. S. c. of the Food and Drugs
Act, in the case of food, in that products
containing artificial color, to-W1t; annato,
nave been substituted wholly or in part
for macaronl and spaghetti products made
from semolina, winch the articles py lhelr
appearance pulpor to be; contrary TO lne
form, force ana effect OF the statute IN
such case made and provided. and against
the peace and dignity of the United States
OF america; thar SAID 10 cases. more or
less, each containing 12-1lD. ceilophane
packages of fine egg noodles and 10 cases,
| more or less, eacn containing II lib.
ceilophane packages OF medium egg
noodles, each OF SAID packages being Ia
oeled as follows, to-W1t: Net Weight 10
US, Queens Taste Egg Noodles, Western
Macaroni Mfg. Co, salt Lake City, are
adulterated, IN violation of Section Z,
Paragraph Second tSection 8, Title q, u.
). CT OF the Food ana Drugs Act, IN the
case OF food, in that products containing
arllficial Color, to-Wlt. annato, nave been
substituted wholly or IN part Tor egg
noodles, wnien the articles purport to be;
contrary to the torn, force ana effect Of
the statute in such case made and pro-
vided, ana against the peace ana ulgnity
Of the United States OF America; ana tnat
the source OF the Ibeiantis information Is
a II Official communication by letter, re-
ceiVed from the United States Depart
ment OF Agriculture, Office OF the So
AA&ANOfH " "a h0AAr - - NA-et& SaN1 ~
March 81, 1896, signed by Mastin G.. White,
solicitor. FOR IT'S SECOND CAUSE Or
ACTION That at all times herein mem
toned, the libelant was, and now is, a
sovereign power; ana that the above en-
utled court has jurisdiction herein for the
reason that the United States is the party
nbelant ana said cause is brought under
the Pure rood and Drugs Act OF the
United States of America; that on or
about the 10th day OF January, 1881, the
exact Gate being TO the hbelant unknown,
The Western Macaroni Manufacturing
Company, a more particular description
OF SAID western Manufacturing Company
being to the libelant unknown, shipped
from Salt Lake City, Utah, in interstate
commerce and transported on land, by
way of the Union Pacific Railroad, n
connecting carriers, to Butte, in the
County OF Silver Bow, in the state and
district of Montana, and within the Juris-
diction of this Court, certain articles,
which may be used as a food, to-Wit: 5
~1ive-pouno cases., more or less, of Queens
Taste Spaghetti, each OF said cases la
beled as follows, to-wit: Queens Taste,
Net Weight 5 Lbs, Western Macaroni Mfg.
Co. Incorporated, Salt Lake City, Utah.;
10 cases, more or less, each containing IL
lib. cellophane packages OF fine egg
noodles. and 10 cases, more or less, each
| containing IL lib. c%ellophane packages
of medium egg noodles, each OF said pack
ages being labeled as follows, to-wit: Net
Weight 10 Ozs, Queens Taste Egg Noodles,
western MdCdIOHl NlB. GO.f Ddll Ldke
City,; that said articles OF food, in said
shipment contained, as aforesaid, are now
in the same condition in which they were
when shipped from Salt Lake City, Utah, to
Butte, Montana as aforesaid, and nave
always remained, since SAID shipment, IN
the same condition in which they now
are; that said articles of food, having been
so shipped and transported as aforesaid,
remain Hnsold and in original unbroken
packages, and now are in the possession
OF the Montana Service Corporation, a
corporation, at Butte, in the state ana
district of Montana, and within the Jurls-
diction of this Court, and are liable TO be
proceeded against in the above-entltled
court and seized for confiseatoin by pro-
cess of libel for condemnation; that said
articles were at all of the times herein
mentioned, ever since have been, and now
are, intended as articles to be used as a
food, for sale in the state and district oil
Montana; That said articles of food, as
above named, are misbranded in violation
of Section 8, Paragraph Third, as amend
ed, of the Food and Drugs Act, tSeetion
10, Title 81, U. S. c., in the case OF food,
in that said articles are a food in package
form, and the quantity of the contents Is
not plainly and conspicuously marked on
the outside OF the package, IN tnat salo
Queens Taste Spaghetti" each of said
cases labeled as follows, to-Wlt. queens
Taste Net Weight 5 Lbs. Western Maca-
roni Mfg. Co. Incorporated, Salt Lake
CITY, Utal bear no statement u Gull
tents on the packages; and the statement
of contents on the cellophane packages OF
the said 10 cases, more or less, each con-
tanning u lib. cellophane packages OF
fine egg noodles, and 10 cases, more or
less, each containing II lib. cellophane
packages of medium egg noodles, eacn OF
said packages being labeled as follows,
| to-wit: Met Weight 16 Ozs. Queens taste
| Egg Noodles, Western Mfg. Co. SAT- Lake
| Guy; is indistinct; contrary to the form,
4 F.rra ami affnnf nt the ETaIlte III SUCH
case made and provided, and against the
| peace and dignity of the United States OF
America, and that the source OF the libel
ants information is a N official commun1ca-
| lion by letter, received from the United
| States Department of Agriculture, Ottice
of the Solicitor, Washington, D.. c. under
date of March 81 1887, signed by Mastln
G.. White, Solicitor. NOTICE Is FURTHER
| GIVEN. that, by order of court, all IL
| belees herein named, and all persons haV-
| ing, or claiming, any interest in said prop
| erty and articles which may be used as a
food seized, or having anything TO say
| why the same should not be condemned
| and forfeited, appear and file their re-
| s~pectiVe claims and detenses 70
| such libel for condemnation, setting forth
their interest in or claims to SAID property
| libeled and articles which may be used as
a food, with the clerk of the apove-en-
| titled court at Butte, Montana, on OF
| before the 30th day of July, 1881, DaIeu
| this 28th day of June, 1887. SID A.. Will.
LIS, United States Marshal. District Oh
| Montana, By PAUL ]. ERLER, Deputy
| First publication July 8, 1937.-lT