Montana labor news., 1937-12-23
No. s66. NOTICE OF SEIZURE. In the

No. $3.50. NOTICE OF SEIZURE. In the
District Court of the United States for
the District Of Montana, Butte Division.
UNITED STATES OF AMERICA, Libelant,
v. Fifty cases, more or less each contain
ing torty-elght cans OF an article, labelled
in part: Celtic Brand Tomato and Celery
Juice Packed by Perry Canning Com
pany, together with the contents of each
and all OF the cases above named, Ii
belees, NOTICE is HEREBY GIVEN that
a libel for condemnation has been filed
by the above-named hbelant in the above
| entitled court and cause. That by order
OF court there has been seized on land
and within the state and district of Mon
tana, the following described articles
| which may be USED as a food, to-Wlt.
Fifty cases, more or less, each containing
| forty-eight cans of an article. labelled
II part: Celtic Brand Tomato and Celery
Juice. Packed by Perry Canning Com
lpany" together with the contents of each
and all of the cases above named. That
hbelant prays in said libel for condemna-
ton that the above described property
be condemned and forfeited to the United
grounds. That at all times herein mem
toned, the hbelant was, and now is, a
sovereign power and that the above
entitled Court has jurisdiction herein for
the reason that the United States is the
iparty hbelant and said cause is brought
under the Pure Food and Drugs Act of
the United States OF America; That on
or about the 18th day OF March, 1886,
Perry Canning Company, d more par
ucular description OF SAID Perry Canning
Compan Demg TO the Ibelant unknown,
shipped from Perry, Utah, IN interstate
commerce and transported on land, by
way OF the Union Pacific Railway, 10
Butte, IN the county OF Silver bow, in the
state and district of Montana, the above
described articles, which may be used as
a food: That sald articles OF food, in SAID
shlpmen contained as aforesaid, are now
IN the same condition in which they were
when shipped from Perry, Titan, to Butte.
Montana, as aforesaid, and have always
renamed, since SAID shipment, in the
same condition as they now are; That
salu articles Of food, having been so
! shipped and transported as aforesaid, re-
mann unsold ana in original unbroken
packages, and are now in the possession
of the Ryan Fruit Company, a corpora
ton. at Butte, in the state and district
OF Montana, and are liable to be proceed
ed against in the above entitled court,
libel for condemnation; That SAID articles
were at all 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 OF Montana; thai
SAID articles of food, so labelled as afore-
SAID, are ~misbranded, as a food; and are
detrimental to health, in that the said
| so-called food and the contents of said
cans and each and all OF them consists
wholly or in part of filthy, d-ecomposed
n putrld vegetable substances; contrary
to the form, force and effect OF the statute
IN such case made n provided ano
against the peace and dignity of the
Ou1iGd states OF America ana Lldt Inc
source of the libelant's information is ar
official communication by telegram, re.
ceiVed from the United States Depart.
ment of Agriculture, office of the Solici.
tor, Washington, u. c. NOTICE is FURTH.
Err GIVEN, that by order of court, al
lipelees herein named and all persons
having or claiming any interest IN sale
[ property II articles which may be useC
as a food seized, or having anything t
: say why the same should not be con
: demned and forfeited, appear and fill,
5 their respective answers, claims and de
: lenses TO such libel for condemnation
f setting forth their interest in or claim tx
Z said property libelled and articles which
: may be USED as a food, with the clerk o
= the above entitled court at Butte, Mon
/, tana, on or before the 10th day OF Janu
/ airy, 1888. SID A. WILLIS, United State
Marshal, District Of Montana. By Paul
j ERLER, Deputy.
First publication December %. 1937.-1T.