Montana labor news., 1937-04-29
THE MONTANA LABOR NEWS

No. $40. NOTICE OF SEIZURE. In the
District Court of the United States for the
District of Montana, Butte Division.
UNITED STATES OF AMERICA. Libel
labeled in part on said cases as follows:
"ORANGE QUEEN brand u. S. No. l.,
American Fruit Growers. Inc. Los Ange-
les, Gaiifornias 49, and DC AMERICAN!
Wv. NAVELS," NET COUNT land vari-
Gus numbers)'; Paper wrapper on indi-
vidual oranges contain the following
words: Product of United States Of
Inc, of CALIFORNIA, Los Angeles, Cali
~fornia," Libelees. NOTICE is HEREBY
GIVEN that a libel for condemnation has
been filed by the -above-named libelant in
by order of court, there has been seized
on land at Butte, Silver Bow County, and
within the state and district of Montana,
the following described articles, which
more or less, of Oranges, labeled in part
on said cases as follows: ORANGE
QUEEN brand U. S; No. ! American Fruit
Growers, Inc, AFG, California" wv.
NAVELS." met COUNT land various
numbers; Paper wrappers on individ-
ual oranges contain the following words.
Product of United States of America,
AMERICAN FRUIT GROWERS, Inc, of
CALIFORNIA, Los Angeles, California, "
together with the contents of each and
all of the cases above named; That libel
ant prays in said libel for condemnation
that the above described property be con-
demned and forfeited to the United
States of America upon the following
grounds: That at all times herein men
toned. 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 libelant and said cause is brought
under the Pure Food and Drugs Act of
the United States of America; That on or
| about the 9th naW of March 1Q27 thn
American Fruit Growers, Inc, a more
particular description of said American
Fruit Growers, Inc, being to the hbelant
shipped from Pomona, Cali
ported by land, by way Of the Union
Pacific Railroad Company, and connect
ing carriers, to Butte, in the county of
Silver Bow, in the state and district of
this Court, the aboVe-described articles,
which may be used as a food; That said
articles of food, in said shipment con-
tanned as aforesaid, are now IN the same
shipped from Pomona, California, to
Butte, Montana, and have always re-
manned, since said shipment, IN the same
condition in which they now are-saVe for
the added natural decomposition in the
storage thereof; That SAID articles of food,
having been so shipped and transported
as aforesaid, remain unsold and in orig
NAL unbroken packages, and are now In
1 tAi1 R000C21AOA u AAC ~ IA LAAAt III
pany, 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 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; and said articles of
food are adulterated, as a food, in that
they consist, in whole or in part OF a
filthy, decomposed n putrid vegetable
substance, and are a citrus fruit damaged
by drying, which has been substituted
wholly or in part for edible citrus fruit
which said articles of food purport to be;
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; ana
that the source of the lbelant's informa-
ton is an official ~unic by let
ter, received from the United States De-
partment of Agriculture, Food and Drug
Administration, Denver, Colorado, under
date of March q, 1887, signed by J. Edw.
Kimlel. NOTICE is FURTHER GIVEN
that, by order Of Court, all libelees here
in 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 and
forfeited, appear and file their respective
answers, claims and defenses to such
libel for condemnation, setting forth their
interest in or claim to said property Ii
beled and articles which may be used as
a food, with the clerk of the aboVe-en-
titled court at Butte, Montana on or be-
fore the Goth day of May, 1887, the same
being the time and place fixed for the
return date hereon. Dated this 23rd day
of April( 1887. SID A. WILLIS, United
States Marshal, District of Montana. BY
PAUL J. ERLER, Deputy.
First publication April 20, 1937.-1T.