15409. Adulteration of fig-s.     U. S. v. 60 Boxes, et al., of Fig's.    Tried to thei
court and a iury. Directed verdict for the Government. Judg- 
ntents of condemnation and forfeiture entered. -Product released
under bond. (F. & D. Nos. 21865, 21866, 21885, 21888. I. S. Nos. 13865-x- 
14978-x, 14979-x, 14980-x, 16154-x, 16155-x. S. Nos. E-6101, E-6109, E-6122.
'r 
On April 28, 29, and 30, 1927, respectively, the United States attorney fW 
the Southern District of New York, acting upon reports by the Secretary of-
Agriculture, filed in the District Court of the United States for said district 
libels praying seizure and condemnation of 7,389 sacks and 162 boxes of figs, 
remaining in the original unbroken packages at New York, N. Y., consigned by 
the Garcia & Maggini Co, San Francisco, Calif., alleging that the article had 
been shipped from San Francisco, Calif., in various lots, on or about March 24, 
March 29, and April. 7, 1927, respectively, and transported from the State of 
California into the State of New York, and charging adulteration in violation of 
the food and drugs act. A portion of the article was labeled: (Boxes) "Para- 
dise Brand Extra Choice California White Figs (or "Bon Ton Brand Extra 
Fancy California Black Figs ") Packed by Garcia & Maggini Co., San Francisco, 
California."
Adulteration of the article was alleged in the libel with respect to a portion 
of the product, for the reason that it consisted in part of a filthy, decomposed, 
or putrid vegetable substance. Adulteration was alleged with respect to the 
remainder of the said product for the reason that it consisted in whole or in 
part of a filthy, decomposed, or putrid vegetable substance, to wit, wormy, 
moldy, sour, bird-pecked figs.
On July 14 and September 9, 1927, respectively, Wm. A. Higgins & Co., Inc., 
and R. C. Williams & Co., Inc., New York, N. Y., having appeared as claimants 
for respective portions of rhe property, the cases came on for trial before the court 
and a jury. A directed verdict for the Government was returned in each case. 
On August 27, August 31, and September 23, 1927, judgments of condemnation 
and forfeiture were entered, and it was ordered by the court that the product 
be released to the said claimants upon payment of the costs of the proceedings 
and the execution of bonds totaling $17,250, conditioned in part that it be 
labeled " Not for Human Consumption," and should not be used for human con- 
sumption or for purposes other than distillation of alcohol, manufacture of 
tobacco, and hog feed.
W. M. JARDINE, Secretary of Agriculture.