596 



ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



a tiling a siibstitnto is not to nflirni that it is even similar to the 

 orifjinal; that one article of diet nui}' be substituted for another with- 

 out any necessary similarity, the court found that nothing else could 

 be inferred but that in ordinary compounds the article in question 

 would produce results the same as or similar to eggs. Upon defend- 

 ant's contention that the mere representation as to the results that 

 might be obtained by the use of the article does not constitute mis- 

 branding within the act, relying on United States v. Johnson (221 

 U. S., 448), the court stated that the terms of the act at that time 

 w'ere very nnich narrower in scope with regard to drugs than with 

 regard to food; that with regard to food, the act makes it an offense 

 if the package containing it or its label shall bear any statement, 

 design, or device regarding the ingredients of substances contained 

 therein, which statements, designs, and devices shall be false and 

 (or) misleading in any particular. Upon defendant's contention 

 that the information, not being upon oath, was violative of the fourth 

 amendment, and for that reason defendant should not be held to 

 answer, the court reaffirmed the doctrine laid down in Weeks ik 

 United States (216 Fed., 292) that the information is not required 

 to be upon oath; is only required to be supported by oath before 

 warrant may be issued thereon: and as the defendant has voluntarily 

 appeared and filed the motion to quash, no cjuestion of validity of a 

 warrant can be raised. 



AMENDMENT OF THE FOOD AND DRUGS ACT. 



The food and drugs act was amended by the appropriation act for 

 the Department of Agriculture for the fiscal year ended June 30, 

 1920, approv.ed July 24, 1919 (66th Cong., 1st sess., H. R. 7413), as 

 follows : 



That the word " package " where it occurs the second and last time in tlie act 

 entitled "An act to amend section 8 of an act entitled 'An act for preventing the 

 manufacture, sale, or transportation of adulterated or misbranded or poisonous 

 or deleterious foods, drugs, medicines, and liquors, and for regulating traffic 

 therein, and for other purposes,' approved March 3, 1913," shall include and shall 

 be construed to include wrapped meats inclosed in papers or other materials as 

 prepared by the manufacturers thereof for sale. 



MEAT INSPECTION ACT. 



(34 Slat., 674.) 



Thirty-five cases were reported to the Attorney General. At the 

 close of the fiscal year 1919 thirty-seven cases w^ere pending. 



Of the cases reported during the fiscal year 1920, 5, and of those 

 pending at the close of the fiscal year 1919, 6, in all, 11, were termi- 

 nated during the fiscal year 1920, all of which resulted in convictions. 

 Fines aggregating $485 were imposed in 11 cases, as follows : 



Fines iin[)osed in meat-inspection cases. 



At the close of the fiscal year 1920, 61 cases were pending. 



