(N. J. 44.)?
MISBRANDING OF MEAL.
(AS TO MULING PROCESS.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations?
for the enforcement of the act, notice is given that on the 11th day of?
November, 1908, in the district court of the United States for the
eastern district of Virginia, in a proceeding of libel for condemnation of?
400 sacks of misbranded meal, wherein the United States was libelant?
and S. W. Weilder, Cincinnati, Ohio, was claimant, the said claimant?
having admitted the allegations of the libel, a decree of forfeiture and?
condemnation and redelivery to the claimant was rendered in sub??
stance and in form as follows:
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT
OF VIRGINIA.
THE UNITED STATES OF AMERICA, Libelant.
vs.
FOUR HUNDRED SACKS OF MEAL, WHEREOF
S. W. Weilder is claimant, Bespondent.
On motion of the district attorney, and it appearing to the court that upon?
the libel filed herein on the 5th day of September, 1908, monition was duly?
issued and served, and by virtue of such process the marshal seized and took?
into his possession the four hundred sacks of meal, labeled and branded as?
"Old Log Cabin Meal, Best Water Ground Style;" and it further appearing?
that the claimant of said meal, S. W. Weilder, appeared before this court on?
the 29th day of September, 1908, and consented that a decree of condemnation?
should be entered in accordance with the prayer of the libel, it is, therefore, now
Adjudged, ordered, and decreed that the said four hundred sacks of meal,?
labeled and branded as aforesaid, be, and they are hereby, declared, as charged?
in the libel, to be misbranded, in violation of the act of June 30,1906, contained?
in 34 Statutes at Large, page 768, et seq., entitled "An act for preventing the?
manufacture, sale, or transportation of adulterated or misbranded or poisonous?
or deleterious foods, drugs, medicines, and liquors, and for regulating traffic?
therein, and for other purposes," and it is further ordered that the said four?
hundred sacks of meal, branded as aforesaid, be, and they are hereby, con??
demned and ordered to be disposed of by sale at public auction by the marshal,?
after due advertisement for five days in some newspaper published in the city?
of Norfolk, Virginia, as prayed for in said libel, and provided for in the said?
act of June 30, 1906, the proceeds arising from such sale, less the legal costs?
and charges, to be paid into the Treasury of the United States.
It is provided, however, that upon payment, within thirty days from date of?
this decree, of all costs of this proceeding, including the expenses incurred by?
the marshal in and about the seizure of said meal and the storage and watching?
of and insurance upon the same, the said meal may be delivered to the said?
claimant in compliance with the terms of the bond in the penalty of $500 here??
tofore filed in accordance with section 10 of the aforesaid act, or the laws of any?
State, Territory, District, or insular possession of the United States, and that the?
said meal shall be properly labelled and branded in accordance with said act.
EDMUND WADDILL, Jr.,
U. S. District Judge.
The facts in the case were as follows:
On or about September 3, 1908, an inspector of the Department of?
Agriculture located en route between Covington, Ky., and Norfolk, Va.,?
four hundred sacks of meal containing ninety-six pounds each, labeled?
'' Old Log Cabin Meal.    Fresh Ground Meal.    Best Water Ground Style.
LeGrand, Thread croft Co., Sole Agents for Eastern Virginia and North?
Carolina." The meal was destined for a dealer at Norfolk, Va., and?
had been shipped via the Chesapeake and Ohio Railroad from Coving??
ton, Ky., by the S. W. Weilder Co., of Cincinnati, Ohio, to itself, with?
instructions to notify the LeGrand, Threadcroft Company, Norfolk, Va.?
Previous investigations of one of the inspectors of the Department of?
Agriculture had developed that the output of the mill where this meal?
was produced was not ground by the water process or in burr mills,?
but by steam roller process. Hence the statement on the sacks "Best?
Water Ground Style" was false, misleading, and deceptive and the?
meal was misbranded within the meaning of section 8 of the Food and?
Drugs Act. Upon report of the inspector of the foregoing facts, the?
Secretary of Agriculture, on September 4, 1908, reported them to the?
United States attorney for the eastern district of Virginia. Libel for?
seizure and condemnation of the meal was duly filed under section 10?
of the act, and upon its arrival at Norfolk, Va., seizure was effected and?
notice given to S. W. Weilder, the consignor and claimant, with the?
result hereinbefore stated.
H. W. WILEY,
F. L. DlTNLAP,
GEO. P. MCCABE,?
Board of Food and Drug Inspection.
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, March 13, 1909.