Montana labor news., 1937-07-08

COutdlnllB "a CellOpDdnt pdSha6tS- u
Queens Taste Egg Noodles" labeled on
said packages as follows, to-Wit: Net WI.
3 Ozsa Queens Taste Egg Noodles, West
ern Macaroni Mfg. Co, Salt Lake CITY;
ana . cases, more or less, eacn contain
ing II ~cellophane packages of Egg Wide
Noodles" labeled on said cases as FOL
lows. to-wit: EGG Wide Noodles, IL lib
~Cellcphane": together with the contents
Of each and all of the cases and package
above named; That libelant prays in said
libel for condemnation that the above
described property be condemned and Tor
feited to the United States OF America
upon the following grounds: FOR ITS
FIRST CAUSE OF ACTION That at all
times herein mentioned, the hbeiant was.
ana now is, a sovereign power, and that
the aboVe-entitled Court has jurisdiction
herein for the reason that the United
States is the party libelant and SAID cause
IS brought under the Pure Food and
Drugs Act of the United States OF Amer
lea; That IA or about the 10th and 18th
days of November, 1886, the exact oates
| beng to the libelant unknown, the West
ern Macarcni Manufacturing company, a
more particular description q SAID west
ern Macaroni Manufacturing Company be-
ing to the hbelant unknown, shipped from
Salt Lake City, Utah, in interstate COM
| MERGE and transported on land, by way
of the Union Pacific Railroad, and con-
Meeting carriers, to Butte, in the County
of Silver Bow, in the state and district of
Montana, and within the jurisdiction OF
this Court, the aboye-descrlped articles,
/ NltiO.A INDY DG ubGQ - q IoCNif iiAah atid
| articles OF food, in said shipment con-
tained, 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 have
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 afore-
said, remain unsold and in original I'M
broken packages, and are now in the
| possession of the Montana Service Cor
| poration, a corporation, at Butte, in the
state and district Of Montana, ana are
above-entitled court and seized for con-
| f~iscation by process of libel for condemna-
| ton; 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 of Montana; and said articles
OF food are adulterated, in violation of
Section Z, Paragraph Fourth of the Food
and Drugs Act, tSection 3, Title 81, U. S.
c., in the case of food, in that they are
| colored in a manner whereby inferiority
IS concealed, to-Wit: that said articles of
food are eolored with annatoi contrary
to the form, force and effect Of the statute
IN such case made and provided, 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, received from
the United States Department of Agricul-
ture, Office of the Solicitor, Washington,
d. c. FOR ITS SECOND CAUSE OF
ACTION That at all times herein men
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
party libelant and said cause is brought
under the Pure Food and Drugs Act of
the United States of America; That on or
about the 10th and 18th days of November,
1886, the exact dates being to the libelant
unknown, the Western Macaroni Manu-
1 featuring InrnnanV a more p9friqIlar dp-
scftptton of said Western Macaroni Mani
featuring Company being to the libelant
unknoWn shipped from Salt Lake City,
Utah, in interstate. m and trans
ported on land, by way of the Union Pa
cific Railroad, and connecting carriers, to
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. So ~fiVe-pound cases, more
or less, of Carnation Brand Ready Cut
Macaront'; SO f~ive-pound cases, more or
less, of Carnation Brand Ready Cut
Spaghetti, each Of the above cases being
labeled in part as follows. to-wit: "Carna-
ton Brand, Made With Hard Wheat Flour,
Western Macaroni Mfg. Co, Incorporated,
Salt Lake City, Utah % cases, more or
ages of Queens Taste Egg Noodles" la
beied on said packages, as follows, to-Wit:
Net VT. 8 Ozsi Queens Taste Egg Moo
dies, Western Macaroni Mfg. Co, Salt Lake
lily ~ IdSGst ilulE il AGoSt GdCu GOlltdlu-
ing "a cellophane packages Of Queens
Taste Egg Noodles" labeled on said pack
ages, as follows, to-wit: NET W.T.. 8 Ozs..
Queens Taste Egg Noodles, Western Maca-
roni Mfg. Co, Salt Lake City; 8 cases,
more or less, each containing IL cello
plane packages of Egg Wide Noodles, !"
labeled on said cases as follows, to-wit.
Egg Wide Noodles, u lib. C~ellophane',
That said articles of food; in said ship
ment 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 have
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 afore-
said, remain unsold and in original I'M
broken packages, and now are in the
possession of the Montana Service Cor
poration, a corporation, at Butte, in the
state and district of Montana, n within
the jurisdiction Of this Court, and are
liable to be proceeded against in the
abo~ve-entitled Court and seized for con-
f~iscation by process of libel for con-
demnation; 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 of Montana; and
said articles Of food are misbranded in
violation of Section 8, Paragraph Third,
as amended, of the Food and Drugs Act,
(Section 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
that the SO fiVe-pound cases of Carnation
Brand Ready Cut Macaroni" and the So
five-pound cases of Carnation Brand
Ready Cut Spaghetti bear no statement
of contents on the front OF the case; and
the statement of contents on the cello
plane packages contained il the 25 cases
of Queens Taste Egg Noodles" the 40
cases of Queens Taste Egg Noodles and
the 8 cases of Egg Wide Noodles" is IN,
distinct: contrary to the form, force and
effect of the statute in such case made
and provided, and against the peace and
dignity of the United States OF America;
and that the source OF the nbelants m
formation is an official communication by
letter, received from the United states
Department of Agriculture, Office of the
Solicitor, Washington, d. {. FOR IT'S
THIRD CAUSE OF ACTION That at all
times herein mentioned, 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 party libelant and said cause
is brought under the Pure Food and Drugs
Act of the United States of America; That
on or about the 10th and 28th days of
November, 1886, the exact oates oelng TO
the libelant unknown, the Western Maca-
roni Manufacturing Company, a more par
ticular description of said Western Maca-
roni Manufacturing Company being TO the
Hbelant unknown, shipped from Salt Lake
City, Utah, in interstate commerce and
transported on land, by way of the Union
Pacific Railroad, and connecting carriers,
to 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: % ~five-pound cases, more
or less, of Queens Taste Cooled Spa
ghetti,' each of said cases being labeled
in part as follows, to-wit: Queens Taste,
Net Weight 5 Lbs, Western Macaroni Mfg.
Co. Incorporated, Salt Lake City, Utah;
rs cases. more or less, each containing "a
cellophane packages of Queens Taste
Egg Noodles" labeled on said packages as
follows, to-wit. Net W.T.. 6 Ozs., Queens
Taste Egg Noodles, Western Macaroni Mfg.
Co, Salt Lake City,: 40 cases, more or