Montana labor news., 1937-03-11

No. 936. NOTICE OF SEIZURE.-In the
District Court of the United States for
the District of Montana, Butte Division,
United States of America, Libelant, v.
tanning six cans of an article labelled in
part on said cans: Occur dAlene Brand
Red Sour Pitted Cherries Packed in Water
Settlers Inc. Successor to Packed by Calla-
han Canning Co, Occur d'Alene, Idaho
together with he contents of each and
all of the cases above named, Libelees.
Notice is Hereby Given that a libel for
condemnation has been filed by the above
named libelant 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 tn state
and district of Montana, the following
described articles which may be used as
a food, to-wit: Fifty-three cases, more or
less, each containing six cans of an article,
labelled in part on said can Occur
d'Alene Brand Red Sour Pitted Cherries
Packed in Water, Settlers Inc. Successor
to Packed by Callahan Canning Co, Occur
d'Alene, Idaho,' together with the con-
tents of each and all of the cases above
named; That libelant prays in said libel
for condemnation that the above described
property be condemned and forfeited to
the United States of America upon the
following grounds: That at all times here
in mentioned, the libelant was, n 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 18th day of September, 1886,
Settlers Inc. a more particular descrlp-
ton Of said Settlers Inc. being to the
libelant unknown, shipped from Post
Falls, Idaho, in interstate and
transported on land, by way of the Great
Northern Railway, to Butte, in the Coun-
ty Of Silver Bow, in the state and district
of Montana, 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
condition in which they were when
shipped from Post Falls, Idaho, to Butte,
Montana, as aforesaid, and have 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 I'M
sold and in original u~nbroken packages,
and are now in the possession of the Ryan
Butte Company, a corporation, at Butte,
in the state and district OF Montana, and
are liable to be proceeded against in the
above entitled court, and seized for con-
f~iscation by process of libel for con-
domination; 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, so labelled as afore-
they are canned food and fall below the
standard of quality and condition pro-
mulgated by the Secretary of Agriculture
for such canned food, in that there is
present more than one cherry pit for
each ten ounce of net contents, and
their packages and labels do not bear a
plain and conspicuous statement, pre-
scribed by the Secretary of Agriculture,
indicating that such canned food falls be-
low such standard, contrary to the form,
force n 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 COM
munication by telegram, received from
the United States Department of Agri-
culture, office of the Solicitor, Washing
ton, d. c. Notice Is Further Given, that
by order of court, all libelees 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 and forfeited,
appear and file their respective answers,
claims and defenses to such libel for ON
demnation, setting forth their interest in
or claim 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 31st
day of March, 1887. SID A. WILLIS,
United States Marshal, District of Mon
tana, BY D.. A. Batchoff Deputy.
First publication March IL, 1937.-lT.