(N.J. 65.)
MISBKANDING OF BEER.
(AS TO QUANTITY OP ALCOHOL.)
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 17th day of
December, 1908, in the district court of the United States for the dis??
trict of Kansas, in a prosecution by the United States against the Heim?
Brewing Company, a corporation of Kansas City, Mo., for violation of?
section 2 of the aforesaid act in introducing into Kansas from Missouri?
and in shipping and delivering for shipment from Missouri to Kansas a?
quantity of bottled beer, misbranded as to the amount of alcohol con??
tained therein, the said Heim Brewing Company having entered a plea?
of guilty, judgment was rendered by the court in substance and in form?
as follows:
IN THE DISTEICT COURT OF THE UNITED STATES FOE THE DISTRICT OF KANSAS,
FIRST DIVISION.
THURSDAY, December 17, 1908.
THE UNITED STATES OF AMERICA?)
vs.?
\ No. 3927.
THE HEIM BREWING COMPANY, A CORPORATION. J
Now comes as well the United States of America, by J. S. West, assistant dis??
trict attorney, as said defendant The Heim Brewing Company, a corporation,?
by J. A. Finley, its traveling auditor, being duly authorized to appear and plead?
on behalf of said defendant. Thereupon said defendant, through its said?
authorized agent, being arraigned upon the information herein filed, enters its?
plea of guilty thereto.
Thereupon it is now by the court here considered, ordered, and adjudged that?
said defendant The Heim Brewing Company, a corporation, make its fine unto?
the United States of America in the sum of one hundred ($100.00) dollars, and?
that it pay the costs of this prosecution.
The facts in the case were as follows:
On November 4, 1908, Dr. S. J. Crumbine, secretary of the State board?
of health of Kansas, acting under authorization of the Secretary of the?
United States Department of Agriculture in accordance with regulation?
3 of the rules and regulations for the enforcement of the Food and Drugs?
Act of June 30, 1906, procured from the sheriff of Harvey County, Kans.,?
in pursuance of an order of court therefor, seven barrels labeled " Kind,?
H. O. B.; #A949; Fargo; CROWNS: CROCKERY for Rim Conrad,?
Newton, Kans., H. O. B. L. S." (in pencil) "(1) (9), 9-26," and filled?
with bottles labeled and branded "Hop-On. HB. ( # 11) Heim Brew??
ery, Branch of the Kansas City Breweries Co. A mild beer, containing?
1.82 per cent of alcohol. Guaranteed to comply with the Pure Food &?
Drugs Act of June 30, 1906, and Kansas Pure Food Law." This beer?
had been shipped by the Heim Brewing Company from Missouri to?
Newton, Kans., and was confiscated and ordered destroyed by the court?
in case of State of Kansas v. Conrad et al. A number of samples?
was subjected to analysis by a collaborating chemist of the Bureau of?
Chemistry of the Department of Agriculture, with the result that alco??
hol was found to be present in quantity varying from 4.41 per cent to?
4.78 per cent.
The Heim Brewing Company having been afforded an opportunity to?
show any fault or error in the findings of the analyst, and having failed?
to do so, the facts were reported to the United States attorney for the?
district of Kansas, who filed an information against the said Heim?
Brewing Company, with the result hereinbefore stated.
H. W. WILEY,?
F. L. DUNLAP,?
GEO. P. MCCABE,?
Board of Food and Drug Inspection.?
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, May 5, 1909.