EEPOET OF THE SOLICITOR. 



339 



act relating to confectionery. The jury found that the article was 

 confectionery, and that it was adulterated. 



In United States v. E. C. Boeckel & Co. et al. (N. J. 3871 ; Circular 

 No. 82, Office of the Solicitor; 221 Fed., 885) the Circuit Court of 

 Appeals for the First Circuit held that confectionery is adulterated 

 if it contain talc in any quantity, however small. 



In United States v. The American Laboratories (N. J. 3962 ; 222 

 Fed., 104) a drug labeled " Bad-Em-Salz " was held to be mis- 

 branded within the meaning of the act and the amendment of Au- 

 gust 23, 1912 (37 Stat., 416), because statements on the label regard- 

 ing the therapeutic or curative effects of the article, including the 

 name " Bad-Em-Salz," were false, misleading, and fraudulent. A 

 motion to quash that part of the information charging violation of 

 the amendment of August 23, 1912, based on the ground that the 

 amendment is unconstitutional, because it attempts to establish cri- 

 teria in matters of opinion which are incapable of judicial ascertain- 

 ment and decision, and is not a regulation of commerce; that it 

 attempts an unreasonable restriction of the citizen's right to engage 

 in commerce ; and, in effect, deprives persons of property without due 

 process of law, was overruled. 



In United States v. Eigney & Co. (220 Fed., 734) sirup in bottles 

 and cans shipped in boxes labeled " 24 quarts com." and " 12 half gal- 

 lons com." was held to be misbranded because the bottles and cans 

 contained less than standard quarts and half gallons, notwithstand- 

 ing the trade might understand that the labels meant " commercial " 

 quarts and half gallons. 



Among other cases of interest were the following : 



United States v. 60 Bbls. of Wine, Notice of Judgment No. 3529. 

 United States v. David Lowenthal, Notice of Judgment No. 3573. 

 United States v. 267 Boxes Macaroni, Notice of Judgment No. 3799. 



THE MEAT-INSPECTION LAW (34 STAT., 674). 



One hundred and fifty-five cases were reported to the Attorney 

 General. 



At the close of the fiscal year 1914, 96 cases were pending. 



Of the cases reported during the fiscal year 1915, 98, and of those 

 pending at the close of the fiscal year 1914, 88, in all 186, were termi- 

 nated during 1915. One hundred and thirty-five resulted in con- 

 viction, 31 were dismissed, in 11, grand juries failed to indict, and in 

 9, verdicts were rendered for the defendants. 



Three sentences of imprisonment were imposed, one of 30 days and 

 two of 10 days each, in addition to fines of $50 in each case. In six 

 cases sentences were suspended upon payment of costs. 



Fines aggregating $3,990 were imposed in 130 cases, as follows: 



1 2 cases were consolidated with 2 others and fines of SIO imposed in each instance. 



2 4 cases were consolidate<l with others and fines of $25 imposed in eacli instance. 

 '11 cases against 1 defendant were consolidated and a fine of $100 imposed. 



At the close of the year 65 cases were pending. 



