5381. Adulteration of cherries. U. S. * * * v. 13 Cases of Canned Cher- 
ries. * * * Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 7905.    I. S. Nos. 6245-m, 6248-m.    S. No. E-769.)
On December 6, 1916, the United States attorney for the District of Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel for the seizure and con- 
demnation of 13 cases of canned cherries, consigned on or about October 16, 
1916, remaining unsold in the original unbroken packages at Baltimore, Md., 
alleging that the article had been shipped by the Bay State Confectionery Co., 
Boston, Mass., and transported from the State of Massachusetts into the State 
of Maryland, and charging adulteration in violation of the Food and Drugs 
Act. The article was labeled in part: "Templeman Brand Black Unpitted 
Cherries   *    *    *   ."
Adulteration of the article was alleged in the libel for the reason that it 
consisted largely of swells and springers, and contained decayed fruit with 
discolored  spots  and mold,  and  a  decomposed vegetable matter.
On January 22, 1917, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product should be destroyed by the United States marshal.
CAUL VROOMAN, Acting Secretary of Agriculture.