Montana labor news., 1937-07-08

proceeded against in the above entitled
court. and seized for confiscatlon by pro-
cess OF libel for condemnation mat salu
arucies were at all OF me thnes helelH
mentioned, ever since have been, ana
now are, intended as articles TO be used as
a 1000, Tor sale in the state and district
of Montana. that said articles OF 1000 are
aduiterated, in violation Of section Z, fala-
graph Fourth tSection 3, Title p, U. s. c.
Of the Food and Drugs Act, IN the case OF
food, in that they are colofed IN a manner
whereby inieriority Is concealed, to-Wn,
hat SAID articles Of food are colored with
annato: contrary to the form, force and
effect of the statute in SUCH case made
and provided, and against the peace anu
dignity of the United States OF America
that sEid II five-pound cases, more or less,
OF GU ,en's Taste Fancy cut Macaroni
and the said 4 five-pound cases, more or
less, of Queens Taste Ready Cut Spa
ghetti," labeled on said cases as 1ohqWs'
Io-wit. Queens Taste, Net Weight . Lbs.
Western Macaroni Mig. Co. Incorporated,
Salt Lake City, Utah., are adulterated, IN
violation OF section Z, Paragraph Second
tSection 3, Title 81, u. S. c. OF the Food
snu DRUGS Act. in the case of food, in that
products containing artificial color, to-
wit: annato, have been substituted wholly
Or in part for macaronl n spaghetl
products made from semolina, which the
articles by their appearance pufport to
De; contrary to the form, force and erect
Of the statute in such case made and pro-
vided, and against the peace and dignity
of the United States OF America, that the
said 4 fifreen-pound cases, more or less,
of Queens Taste "Fartali' and the SAID
d fi"1teen-pound cases, more or less, OF
Queens Taste "Farfalinl,' each Of SAID
cases being labeled as follows, to-Wit;
queens taste, Net Weight Is Lbs, West
ern Macaroni Mfg. Co. incorporated, SAT-
Lake City, Utah. are adulterated, N Vlo-
lation OF Section z, Paragraph Second
Section 8. Title 81, u. 5. c. of the Food
and DpTtpG Apt in the case OF IDOQ, IN
mat products containing artificial color,
to-wit. annato, have been substituted
wholly or in part for egg macaronl prod
ucls, which the articles by their appear
ance purport to be; and that said 8 five
pounq cases, more or less, of Carnatlon
Brand Fancy Coiled Noodles are ADULT
Grated, in violation of Section Para
graph Second (Section 3, Title Il, U. ,. u
OF the Food and Drugs Act, in the case of
food, in that a product deficient IN eggs
and containing artificial color, to-Wlt.
annato, has been substituted wholly or IN
part for egg noodles, which the article
~purports to be; contrary to the form, force
ana effect Of the statute in such case
made and provided, and against the peace
and dignity of the United States OF Amer
lea; and that the source of the l~1belants
| information is an official communication
by letter, received from the United States
Department of Agriculture, Office of the
Solicitor, Washington, d. c. under date
OF March 81, 1887, signed by Mastin G..
| White. Solicitor. FOR IT'S SECOND
CAUSE OF ACTION That at all times
herein mentioned, the lbelant was, and
now is, a sovereign power; and that the
above entitled court has jurisdiction here
in for the reason that the United States
is the party hbelant and said cause is
brought under the Pure Food and Drugs
Act Of the United States of America; that
on or about the 9th and 9th days of No
vember, 1896, the exact dates being to the
libelant unknown, the Western Macaroni
Manufacturing Company, a more particu-
lar description of said Western Macaron1
Manufacturing Company being to the Il
belant unknown, shipped from Salt Lake
City. Utah, in interstate commerce and
transported on land, by way of the Union
Pacific Railroad, and connecting carriers,
10 Butte, in the county of Silver Bow, IN
the state and district of Montana, and
within the jurisdiction of this Court, GER
tain articles, which may be used as a food,
to-Wit. 8 fifteen-pound cases, more or less,
OF Queens Taste Alphabet" labeled on
said cases as follows. to-Wft: queens
Taste, Net Weight 5 Lbs, Western Maca-
roni Mfg. Co, Incorporated, Salt Lake
City, Utah; and 8 ~five-pound cases, more
or less, of Carnation Brand Fancy Coiled
Noodles; that said articles of food IN
said shipment contained, as aforesaid, are
now in the same condition in which they
we're when shipped from Salt Lake City,
Utah, to Butte, Montana, as aforesaid, ana
have always remained, since said ship
ment, in the same condition in which they
now are; hat said articles Of food, having
been so shipped and transported as afore-
said, remain unsold and in original I'M
broken packages. ana now are IN the
possession of the Montana Service Corpor-
alton, a corporation, at Butte, in the state
and district of Montana, and within the
jurisdiction of this Court, and are liable
to be proceeded against in the above
entitled court and seized for confiscat1on
by process of libel for condemnation; that
said articles were at all of the times here
in 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; that the said articles Of food,
as above named, are mlsbranded in viola
ton of Section 8, General Paragraph, Para
graph Second and Paragraph Fourth, of
the Food and Drugs Act (Section 10, Title
Il, u. S. c., in the case of food, III that
the statement, Net Weight 5 Lbs" on the
front of the cases of the said 8 fifteen
| pound cases, more or less, of Queens
| Taste Alphabet" as above described, is
false and misleading and tends to deceive
and mislead the purchaser, as applied to
an article that is short weight; and in Vlo-
lation of Paragraph Third, as amended, OF
the above-named section, in that said 9
/ Queens Taste Alphabet" as above de-
| scribed, in that it is food in package form
and the quantity of the contents is not
| plainly and conspicuously marked on the
| outside of the package since the quantity
| stated is not correct; and that the 9 five
| pound cases, more or less, of Carnatlon
Brand Fancy Coiled Noodles" are food in
package form and the quantity of the con-
| tents is not plainly and consp1cuously
| marked on the outside of the package;
contrary to the form, force and effect of
the statute in such case made and pro-
| vided, and against the peace and dignity
| of the United States of America; and that
the source of the libelant's information is
| an official communication by letter, re-
| ceived from the United States Depart
| ment of Agriculture, Office of the Solicit
tor, Washington, D.. c., under date of
March 81, 1887, signed by Mastin G. White,
| Solicitor. NOTICE is FURTHER GIVEN
/ that, by order of court, all lbelees herein
named, and all persons having or claiming
any interest in said property and articles
which may be used as a food seized, or
having anything to say why the same
should not be condemned n forfeited,
appear and file their respective answers,
claims and defenses to such libel for con-
demnation, setting forth their interest in
or claims to said property libelled and
articles which may be used as a food, with
the clerk of the above-entitled court at
Butte, Montana, on or before the 30th day
of July, 1887. SID A. WILLIS, United
States Marshal, District of Montana, By
PAUL j. ERLER, Deputy.
First publication July 8, l937.-1T
No. 947. NOTICE OF SEIZURE. In the
District Court of the United States for the
District of Montana, Butte Division.
| UNITED STATE OF Libelant,