Montana labor news., 1938-03-17

NOTICE OF SEIZURE. In the District
Court of the United States, in and for the
District of Montana, Butte Division.
UNITED STATES OF AMERICA, Libelant,
v. Twenty-Five cartons, each containing
six cans of an article labeled in part on
said cans: Wanna Brand Oregon Free
stone Peaches Packed by Gresham Berry
Growers, Inc. Gresham, Oregon" together
with the contents of each and all of the
cartons above-named Libelees. NOTICE
is HEREBY GIVEN that a libel for con-
demnation has been filed by the above
named libelant in the above-entitled court
and cause: That by order of court there
has been seized Oh land at Butte, in the
county of Silver Bow, and within the
state and district of Montana, the follow
ing described articles which may be used
as a food, to-wit: Twenty-Five cartons,
each containing six cans of an article
labeled in part on said cans: Wanna
by Gresham Berry Growers, Inc, Ores
ham, Oregon" together with the contents
of each and all of the cartons above
named; That hbelant prays in said libel
for condemnation that the above de-
scribed property be condemned and for
feited to the United States of America
upon the following rounds: That at all
times herein mentioned, the 1belant 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 said cause
is brought under the Pure Food and
OIuES ACT OF the OulltQ oldlGS Dl AilGI-
lea. That on or about the 10th day of
August. 1887, the Pacific Fruit and Pro-
duce Company, a more particular de-
scription of said Pacific Fruit and Pro-
luce Company being to the libelant I'M
known. shipped from Seattle, Washington,
in pool car, in interstate and
transported on land, by way of the North
ern Pacific Railway Company, and 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 said
articles OF food in said shipment con-
tanned as aforesaid. are now in the same
condition in which they were when
shipped from Seattle, Washington, to
Butte, Montana, as aforesaid, and have
always remained. since said shipment, in
the same condition in which they now
are-saVe for the added natural decompo-
sition in the storage thereof; that said
articles of food, having been so shipped
and transported as aforesaid. remain un-
sold and in original unbroken packages
and are now in the possession of the Ryan
Fruit Company at Butte, Montana, state
ana 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 conftscat1on
by process of libel for condemnation; that
saiu articles were at all of the times here
IN mentioned, ever since have been, ano
now are, intended as articles of food fol
sale in the state and district of Montana
and said articles of food are m~isbranded
IN that they are canned food and fal
below the standard of quality and con-
dition promulgated by the Secretary Of
agriculture for such canned food, in tina
SAID canned food consists of fruit the
units of which are not of uniform size
sald fruit not being in unbroken halve.
ana is packed in water, and its package
or label does not bear a plain and con
spicuous statement prescribed by thC
secretary of Agriculture indicating tina
such canned food falls below such stand
ara; contrary to the form, force ane
effect of the statute in such case made
and provided, and against the peace anC
dignity of the United States of America
ana thai the source of the libelant's in
formation is an official communication
by telegram received from the UniteC
States Department of Agriculture, Offic'
cate of March 3, 1888 signed by White
solicitor, Agriculture. NOTICE is FURTH'
CIR GIVEN, that, by order of court, al
upelees herein named and all persons
having or claiming any interest in saiC
property and articles which may be useC
as a food seized, or having anything t,
say why the same should not be con
demned and forfeited, appear and fill
their respective answers, claims and de
lenses to such libel for condemnation
setting forth their interest in or claim
to SAID property libeled and articles whicl
may be used as a food, with the clerk o
the above-named court at Butte, Montana
on or before the 18th day of April, 1888
Dated this 18th day of March, 1888. SIT
A. WILLIS, United States Marshal, Dis
trict of Montana. By PAUL J. ERLER
Deputy.
FIRST publication March II, 1938.-1T.