Montana labor news., 1937-07-08

Hirst publication July 8. l937.-1T
No. 949. NOTICE OF SEIZURE. In the
District Court of the United States for the
District of Montana, Butte Division.
UNITED STATES OF AMERICA, Libelant,
v. S cases, more or less, each containing
II ~tWo-pound packages of Macaroni, la
peled on said packages as follows, to-wit:
Queens Taste Brand Al Semolina Elbow
Macaroni, Western Macaroni Mfg. Co.. Salt
Lake CITY, together with the contents of
each and all of the cases and packages
aboVe-named, Libelees. NOTICE Is HERE
BY GIVEN that a libel for condemnation
mas been filed by the above-named libel
ant in the above-entitled court and cause
That by order of court there has been
seized on land at Butte, in the County of
Silver Bow, and within the state and dis
trict OF Montana, the following described
articles whcih may be used as a food, to-
Wit. 5 cases, more or less, each contain
ing II two-pound packages of Macaroni,
labeled on said packages as follows, to-W1t:
Queens Taste Brand Al Semolina Elbow
Macaroni, Western Maearoni Mfg. Co..
Salt Lake City," together with the con-
ages above named; That libelant prays in
tents of each and all of the cases and pack
said libel for condemnation that the above
described property be condemned and for
feited to the United States of America
upon the following grounds; . IFS
FIRST CAUSE OF ACTION That at all
times herein mentioned, the libelant 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 hbelant and sald cause
is brought under the Pure Food and Drugs
Act of the United States of America; That
on or about the Oath and 3lst days OF
October, 1886, the exact dates being to
the libelant unknown, the Western Maca-
roni Manufacturing Company, a more
particular description of said Western
Macaroni Manufacturing Company being
to the libelant unknown, shipped from
Salt Lake City, Utah, in interstate COM
merce and transported on land, by way
Of the Union Pacific Railroad, n 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 above described articles,
which may be used as a food; that sale
articles of food, in said shipment con-
tanned 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 nave
always remained, since said Shipment, ~
the same condition as they now are; That
said articles of food, having been SO
shipped and transported as aforesaid, re-
main unsold and in original ~unbroken
packages, and are now in the possession
of the Montana Service Corporation, z
corporation, at Butte, In the state ano
district of Montana, and are liable TO De
proceeded against in the above entitled
court, and seized for confiscation by pro-
cess of libel for condemnation mat sale
articles were, at all of the times nereln
mentioned, ever since have been, and now
ar Intended as articles to be used as q
food. for sale in ten state and district OF
Montana; That said articles of o are
adulterated, in violation OF Sectlon 4
Paragraph Fourth (Section 8, Title "a, "
S. CT of the Food and Drugs Ac,t IN tne
case of food, in that they are colored III
a manner whereby inferiority is con
cealed, in that products containing artlti-
cial color, to-Wit; annato, have been SUD-
stituted wholly or in part Tor macaronl
product made from semol1na, Whlch tne
articles by their appearance purport. 70
be; contrary to he 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 tna'
the source of the lbelant's is
an official communication by letter, re-
cevied from the United States Department
of Agriculture, Office of the Solicitor,
Washington, D. c. FOR ITS SECOND
CAUSE OF ACTION That at all times
herein mentioned, the libelant was, and
now is, a sovereign power; n tnat tne
above entitled Court has jurisdiction mere
in 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 oath and 3lst dayc OF
AGLO1CAH 4O4Of IN HAl1 ANN(t 1@-@e
libelant unknown, the Western Macaroni
Manufacturing Company, a more part1cu-
lar description of said western Macaroni
Manufacturing Company being TO the IL
belant unknown, shipped from SAT- 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, ana
within the Jurisdiction of this Court, the
oL,.ro Jacrpihad ~nrfio1ac which NAV be
used as a food; That said articles OF food,
in said shipment contained as aforesaid,
are now in the same condition in when
they were when shipped from Salt Lake
CITY, Utah, to Butte, Montana, as afore-
said, and nave always remained, since
said shipment, in the same condition as
they now are; That said articles of food,
having been so shipped and transported
as aforesaid, remain unsold and IN original
unbroken packages, and are now in the
possession of the Montana Service Corpor-
alton, a corporation, at Butte, in the state
and district of Montana, and are liable to
be proceeded against in the above en-
titled court, and seized for confiscation
by process 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 OF
Montana; That said articles of food are
m~isbranded in violation of Section ., Para
graph 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 guam
fifty of the contents is not plainly and
c-onspicuously marked on the outside of
the package, in that the statement of
contents on the outside of the package
is indistinct; 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 in
formation is an official communication by
letter, received from the United States
Department of Agriculture, Office of the
Solicitor, Washington, d. c. 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 and articles which may
be used as a food seized, or having any
thing to say why the same should not be
condemned and forfeited, ppear and file
heir respective answers, claims and de-
lenses to 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 ab~ove-entitled court, at Butte, Mon
tana, on or before the Both day of July,
1897. Dated this 28th day Of June, 1887.
SIN A Willis Trpitpd States Marshal