OFFICE OF THE SOLICITOK. 



487 



After consideration the jnry returned to the court room for further 

 instructions, and the court then charged them, in part, as follows: 



'JMiere is nothing deleterious in tliis candy. Tlie law permits candy to bo 

 artilicially colored; the law does not permit something to be artificially col- 

 ored, however, to imitate something else. That is the distinction. * * * 



Would a person going in to buy this candy at retail, at 10 cents a pound, 

 think that he or she was getting chocolate candy because it looked like choco- 

 late candy ; would the price have anything to do with that, considering the 

 people that bought it, the class of people that would go to a 5, 10, and 15 cent 

 store, children buying it, all those kind of things— you have to apply your 

 knowledge of affairs as men of the world; you will have to put yourselves 

 in the place of the person who miglit be tempted to buy this candy; that is 

 the way you have to look at it, in a plain common sense way, and then you 

 have to d'etermine whether or not this candy was artificially colored to conceal 

 its inferiority. If it was, your verdict must be guilty. 



In the case of the United States v. Cleveland Macaroni Co. (F. & 

 D., Xo. 7G56) instituted in the Northern District of Ohio, upon the 

 demurrer of the defendant company to the information filed in the 

 case, the court ruled as follows : 



Upon examination of the information and briefs of counsel, I am of opinion 

 that proper pleading does not require that the exceptions contained in section 

 8 of the food and drugs act be negatived in the information * * *. 



MEAT INSPECTION. 



f.'Ji Stat., G74.] 



At the 



Twenty-six cases Avere reported to the Attorney General, 

 close of the fiscal year 1918, 48 cases were pending. 



Of the cases reported during the fiscal year 1919, 17, and of those 

 pending at the close of the fiscal year 1918, 26, in all 43, were ter- 

 minated during the fiscal year 1919. Of these 27 resulted in convic- 

 tions, 10 w^ere dismissed, 2 were nol-prossed, and in 4 grand juries 

 refused to return indictments. Fines agaTeo-atino- $1.,30G were im- 

 posed in 27 cases, as follows: 



•fete' 



Fines iiuposed in meat-inspection cases. 



At the close of the fiscal year 1919, 37 cases were pending. 



MEAT-INSPECTION CASES OF INTEREST. 



The case of Pittsburgh Melting Co. r. Totten (an inspector of the 

 department), involved the question whether a certain oleo oil hav- 

 ing the characteristics of an edible product, wdiich the company 

 shipped in interstate commerce as an inedible product, was entitled 

 to such transportation without being denatured and accompanied 

 by an inedible certificate, as required by the regulations of the 

 Secretary of Agriculture. The Supreme Court on November 4, 1918, 



