Montana labor news., 1938-07-28
THE MONTANA LABOR NEWS

NOTICE OF SEIZURE. No. 984-In the
District Court OF the United States, In and
for the District OF Montana, Butte Divi-
sion. UNITED STATES OF AMERICA,
Libelant. V. SEVENTEEN AND ONE-HALF
GhOSS RUBBER PROPHYLACIICS, more
or less, contained IN cartons labeled IN
part ''IRU TEX together with the con-
lenIs OF each and all OF the cartons above
GIVEN that a libel Tor condemnation has
been filed by the aDove-named hbelant
in the apove-entltled Court and cause:
lnaI by order OF Court there has been
seized on land at Butte, in the county OF
SlVer Bow and within the state and dis
trict OF Montana, the following described
articles which may be USED as a drug.
to-wit: Seventeen and one-half gross
ruppe prophylactlcs,. more or less, con-
| tanned IN cartons labeled in part "Tru
lex" together with the contents Of each
and all OF the cartons above named" That
nDelant prays in said libel Tor condemna-
ton that the above described property be
condemned and forfeited to the United
| States OF America upon the following
| grounds: That at all times herein mem
JIoned the hbelant Was, ana now is, a
sovereign power ana that the aboVe-
enUltleo has jurisdiction herein for
the reason that the United states is the
party nbelant and salu cause Is brought
unuer the Pure rood and Drugs Act OF the
United States of America; That on or
about the 18th day OF December, 1887,
western Latex Company, a corporation, a
more particular description OF said West
ern Latex Company being to the nbelant
unknown, shipped from Chicago, illinois,
IN interstate and transported on
iand, by way OF the halfway Express
agency, ana connecting carriers, to Butte.
IN the county OF Silver BOW, in the state
ana district OF Montana, the above-de-
| scribed ~artlcles, winch may be used as a
drug; that saiu articles OF drug, in said
Shipment contained as aforesaid, are now
IN the same CONDITION in when they were
when shipped from Chicago Illinois, to
Butte. Montana, as aforesaid, and have
always remained since SAID shipment in
the same condition as they now are; that
SAID articles OF drug, having been SO
Shipped ana transported as aforesaid, re-
mani unsold II IN original unbroken
PACKAGES, and are now IN the possession
OF the NeWpro Drug Company, at Butte,
IN the state and district OIL Montana, ana
are liable 10 be proceeded against IN the
apoVe-entitled Court, ana seized Tor con-
uscatIon by process OF libel Tor
ton; that SAID artcles were at all of the
times herein mentioned, ever since have
been, and now are, inJended as articles
TO De used as a urug, Tor sale in the state
ana district OF Montana; that said articles
are aQulterateQ II violation OF the Pure
tood and Drugs Act OF the United States
OF America, Paragraph Second, as amend
ed IN the case OF drugs, Section z (2l,
". >. Z. Section 81, IN mat their strength
talls below their progressed standard and
quality under which they are sold, as
upon &amlnatlo OF forty-elght samples
OF SAID ar1cles, seven OF saio articles or
III RS4tGAt IAGAGu4 CO1tdllGQ nOleS ana
were detective; n that SAID articles of
drug are m~lsbranued In violation OF the
Pure t'oou and Drugs Act OF the United
states oil America, Paragraph Fourth, Sec
lon 3, III U. 5. c., Section 1O), In tina
the packages containing salu articles bear
4aise statements regarding the substances
contained Jnereln, Io-Wlt. that the state
ment on the small cartons, containing
SAID a%rtlcles, reads IN part as follows
Disease Preventative . ; = Prophylactics
- ana the statement on the large
cartons, containing salo articles, reaas IN
part as follows: - : . Prophylactics
Disease Preventative = . =" which said
statements are false and misleading; con-
Crary to the form, torce, n effect of the
statute in such case MADE and provided,
ana against the peace ana dignity OF the
United States OF America; and that the
source OF the h~belant's information is an
Official by Western Union
telegram, received from the United States
Department OF Agriculture, Office OF the
Soncltor, washington, d. c., under date OF
May 81, 1888, signed by Mastln &. White,
solicitor. NOTICE is FURTHER GIVEN,
rnat, by oruer OF Court, ali iDelees herein
named and all persons having or claiming
any interest IN SAID property and articles
Wnlcn may be used as a rug seized, or
having anything to say why the same
should moi be condemned and forfeited,
claims n detenses to such libel for con-
uemnatlon, setting forth their interest in
or GAINS to sad property lbeled and
articles Which may be used as a drug,
with the clerk OF the a~bove-entItled Court
at Butte, Montana, on or before the 18th
o1 July, 1888. SID A.. WILLIS, United
states Marshal, District of Montana. BY
PAUL j. EhLER, Deputy.
FIRST publication July 70, l938.=1T.