82 ANNUAL REPORT OF THE Off. Doc. 



the direction of the Dairy and Food Commissioner of the Common- 

 wealth, to whose depaitmejit of the State government is specially 

 delegated the prosecution of cases involving violalious of the afore- 

 said act of Assembly. 



Your petitioner further sets forth, that in lioe with the policy of 

 the grand jury disclosed in the above case, substantially similar 

 evidence being submitted to it in about 390 other cases upon the same 

 date, the said grand jury ignored the testimony of the witnesses, and 

 failed to find and returti to this court, true bills according to law; and 

 furthermore, unlawfully and unjustly placed upon the prosecutor, 

 your petitioner, the burden of paying the costs in said proceedings. 



That in addition to the olfense of selling a substance colored in 

 violation of law as aforesaid, in many of the above cases the defend- 

 ant was charged with selling oleomargarine without first having had 

 or obtained a license as is required by the act of Assembly; and 

 others still, with having sold the same and not delivering it to the 

 purchaser iu wrappers plainly stamped on the outside thereof with 

 the word "Oleomargarine" or "Butterine," as is required by law. 



Wherefore, your petitioner prays that an order may be made by 

 this honorable court, directing that the indictment above referred to 

 be re-submitted to the grand jury aforesaid, which is now in session, 

 and that your honorable court, if it be deemed meet and proper in the 

 premises, instruct the said grand jury regarding its duty in the 

 premises, in order that proper returns may be made and justice be 

 done in this matter; and such other and further relief as the court 

 may deem proper in view of the facts set forth in this petition. 



And he will ever pray, etc., 



JAMES TERRY, 



Special Agent of the Dairy and Food Division of the Department 

 of Agriculture. 



Sworn to and subscribed this 24th day of September, A. D. 1901. 

 Geo. W. Miller, 



Clerk of the Court. 



AFFIDAVIT OF GEO. H. WILCOX. 



State of Pennsylvania, | 

 County of Allegheny, j 



Personally appeared before me George H. Wilcox, who being duly 

 Bworn according to law, deposes and says, that on the 20th day of 



