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.
v. Sixty-three cases, each containing six
cans of an article labeled in part on said
cans. Garden Brand Water Pack April
cots design of whole apricots and a dish
of apricot halves) packed for Inter
national Brokerage Co. Seattle. Mime
apolis," together with the 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 lbelant in the
above-entitled court and cause: That by
order of court there has been seized on
land at Butte, in the ounty of Silver
Bow, and within the state and district of
Montana, the following described articles
which may be used as a food to-Wlt'
~SiXty-three cases, each containing SIX
cans of an article labeled in part on said
cans: Garden Brand Water Pack April
cots design of whole apricots a dish
of apricot halvesl packed for Information
al Brokerage Co, Seattle, Minneapolis,
together with the contents OF each and
ali OF the cases above named; That libel
ant 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 herein mem
toned, the libelant was, and now is a
sovereign power; and that the above
entitled court has jurisdiction herein for
Il the reason IldI Ine Onllth OldbtS ID tlie
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 October, 1887
other than as herein stated being to the
libelant unknown, shipped from Sonoma,
California, in interstate md
transported On land, by way of the
Northern Pacific Railway Company, and
connecting carriers, and by truck of v. N.
Wetter, to Butte, Montana, 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 Sonoma, California, 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 decomposition
in the storage thereof; that said articles
of food, having been SO shipped and
transported as aforesaid, remain unsold
and in original u~nbroken packages and
are now in the possession of the Ryan
Fruit Company at Butte, Montana, 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 conflscatlon
by process of libel for condemnation; that
said articles were at all of the times
herein mentioned, ever since have been,
n now are, intended as articles Of food
for sale in the state and district OF Mon
tana; and said articles of food are mis-
branded, in that they are canned food and
fall below the standard of quality and
condition promulgated by the Secretary
of Agriculture for such canned food, IN
that said canned food consists of fruit
that is not normally colored, the units
thereof are not normal or of uniform size,
said fruit being blemished and not being
in unbroken halves, and its package OF
| ! 49, 100 nAf hnup q fNlaTn and nnnCnInl-
Gus statement prescribed by the Secre-
tary of Agriculture indicating that such
canned food falls below such standard
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; ano
said articles of food are further mis-
branded in that the package containing
Il and its label bears a design of apricot
halves regarding the substance containec
therein, which design is false and mis-
leading as applied to an article OF cameo
food that falls below standard; 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 ina
an official communication by telegram
received from the United States Depart
ment of Agriculture, Office of the Solici'
t %srcN Ws 8 iasst giqn D; 81 6; w yhaer s aate o.
Agriculture. NOTICE is FURTHER CIV
EN-, that, by order of court, all libelee'
herein named and all persons having Of
claiming any interest in said property
and articles which may be used as {
food seized, or having anything to say
! why the same should not be. condemned
) and forfeited, appear and file their re
! spective answers, claims and defenses I
! such libel for condemnation, setting fortt
their interest ir or claims to said property
, libeled and articles which may be uset
as a food, with the clerk of the above
; named court at Butte. Montana, on o.
before the 18th day of April. 1898. Datet
this 18th day of March, 1888. SID "A
WILLIS, United States Marshal, District o
Montana. BY PAUL J. ERLER, Deputy.
First publication March II, 1938.-lT.