No. 6. DEPARTMEiNT OF AGRICULTURE. 81 



That among other respousibilities devolving npon him as such 

 oflicer, it is his dut}' to ascertain information and prosecute on belialf 

 of the Commonwealth, all cases involving the violatiom of an act of 

 the General Ass(Mnbly, entitled ''An act providing for the regulation 

 and sale of oleomargarine, etc., approved May 5, 1901." 



That on the 1st day of September, S. B. Charters had in his posses- 

 sion with intent to sell, ottered for sale and sold at his place of busi- 

 ness in the city of Pittsburg, county of Allegheny and State of Penn- 

 sylvania, a certain quantity of a substance commonly known as oleo- 

 margarine; that said substance upon being purchased by George H. 

 Wilcox, one of the agents of the Dairy and Food Commissioner afore- 

 said, was placed in the hands of F. T. Aschman, a chemist, 

 and by him analyzed and found to be oleomargarine, color- 

 ed in imitation of yellow butter; that said sale so made as 

 aforesaid, was in violation of the act of Assembly above 

 mentioned; that in proof of said violation of law aforesaid, 

 an indictment was presented to the grand jur}- of Alle- 

 gheny county, based upon an information made in this behalf by your 

 petitioner, and upon a hearing had upon such indictment by and in the 

 presence of the grand jury of Allegheny county on the 20th day of 

 September, 1901, the following named witnesses were called, sworn 

 and examined, to-wit: James Terry, informant, George H. Wik-ox, 

 who purchased said oleomargarine from defendant and Prof. F. T. 

 Aschman, the chemist by whom the same was analyzed; that said 

 witnesses specifically stated in the presence of said grand jury, as 

 your petitioner is informed and believes, the acts upon which the in- 

 formation in this case was based and for which an indictment was 

 asked; the substance of the testimony of the witnesses aforesaid, 

 being more particularly set out in affidavits hereto attached and made 

 part hereof; that notwithstanding the specific nature of the allega- 

 tions and the testimony produced in support of the same, upon which 

 your petitioner believes it was the duty of the grand jury to return to 

 this court a true bill, yet the grand jury aforesaid, wholly disregard- 

 ing its duty in the premises and ignoring the law governing such 

 cases, ignored said bill of indictment and has made a return of its 

 action to your honorable court. 



Your petitioner further sets forth, that as a further and stronger 

 evidence of the said grand jury's wilful disregard of the law in this 

 case, and its duty in the permises, it imposed upon your petitioner, 

 the prosecutor, a public officer, the burden of defraying all costs and 

 expenses accrued in said legal proceedings. 



That your petitioner in instituting these proceedings and in all his 

 subsequent conduct regarding the prosecution of the same, acted con- 

 scienciously in the performance of his duty as a public officer, under 



6—6—1901 



