Montana labor news., 1937-09-30

No. 961. NOTICE OF SEIZURE. In the
District Court of the United States, Dis
trict of Montana, Butte Division. United
States of America, Libelant, ". 445a cases,
each containing % Number 2 cans, and %
cases, each containing 6 Number 10 cans
of Cherries labelled Occur DiAlene Brand
Settlers, Inc, Occur D'Alene, Idaho" in
possession of Davidson Grocery Co, Butte,
Montana, Libelees. NOTICE is HEREBY
GIVEN that a libel for condemnation has
been filed by the libelant, in the above
entitled cause; that by order of Court there
has been seized on land, at Butte, Silver
Bow County, Montana, and within the
Jurisdiction OF this Court, the following
each containing "a Number 2 cans, and %
cases each containing 8 Number 10
cans of Cherries labelled Occur D'Alene
Brand Red Sour Pitted Cherries Packed
in Water, Settlers, Inc, Occur DAlene,
Idaho" a libelant prays in said libel
for condemnation that said property be
condemned and forfeited to the United
States of America upon the following
grounds: I. That Settlers, Inc, of Post
Falls, Idaho, shipped from Post Falls,
Idaho, in interstate m and trans
owned by said Settlers, Inc, 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 food, to-Wit: said 44l2
cases, each containing "a Number 2 cans,
and Is cases, each containing 6 Number 10
cans Of Cherries, labelled Occur DAlene
Brand Red Sour Pitted Cherries Packed
in Water, Settlers, Inc, Occur DAlene,
Idaho; that said articles were at all times
herein mentioned, ever since have been,
and now are intended as articles of foOd
for sale in the state and district of Mon
tana; and that said articles of food con-
tanned in said % cases, each containing
6 Number 10 ans are adulterated in vio-
lation of Section Z, Paragraph Sixth (Sec-
ton 8, Title 81, U. S. CO. of the Food and
DRUGS Act in the pagn nf fnOd in that said
article consists wholly or in part of filthy
vegetable substance in that said article
is worm infested; that said articles of
food contained in said 4412 cases and said
% cases, as aforesaid, are misbranded in
violation of Section 8, Paragraph Fifth
(Section 10, Title q, U. S. c. of the Food
and Drugs Act in the case Of food in that
1t IS canned food n falls below the
standard of quality condition and fill of
container promulgated by the Secretary
of Agriculture for such canned food in
that lin said Number 2 cans) said articles
of food contain excessive pits and lin
said number 10 cans) said articles Of food
contain excess packing medium and its
package or label does not bear a plain
and conspicuous statement prescribed by
the Secretary of Agriculture indicating
that such canned food falls below such
standard; 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.
NOTICE is FURTHER GIVEN that, by
order of Court, all libelees herein named,
and all persons having or claiming to
have any interest in said property, as
he~reinbefore specifically described as
seized, or having anything to say why
the same should not be condemned and
forfeited, appear and file their respective
answers, claims and defenses to such libel
for condemnation, setting forth their in
terest in or claim to the said property
libelled, with the Clerk of the United
States District Court, at Butte, Montana,
on or before the 25th day Of October,
1887, the same being the date fixed as the
return date herein. Dated this 23rd day
of September, 1887. SID A.. WILLIS.
Montana. BY PAUL ]. ERLER, Deputy
Marshal.
First publication September 30, 19S7.-1T.