868 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



In accordance with the request of the comj^any, inspection was estab- 

 lished in its plant on October 19, 1906, and maintained uninterrupt- 

 edly until June 19, 1909. On tliat date the Department was advised 

 that the company had received uninspected fat nito its establishment, 

 which is forbidden by the act and the regulations issued thereunder. 

 It developed that the company was prepared to continue to receive 

 such uninspected fat, and, accordingly, on June 23, 1909, inspection 

 was withdrawn from their plant and the company notified that it was 

 no longer authorized to make interstate or foreign shipments of meat 

 or meat food products, nor to place on its products any reference 

 to federal inspection. 



The Pennsylvania Railroad Company and other transportation 

 companies were notified of the Department's action. On June 26, 

 1909, the Pittsburgh Melting Company tendered a car containing 75 

 tierces of oleo oil which were not marked ' ^U. S. inspected and passed," 

 to the Pennsylvania Railroad Company for shipment in interstate and 

 foreign commerce. The railroad company declined to receive the 

 shipment, because it did not comply with the regulations of the 

 Department, and thereupon the Pittsburgh Melting Company insti- 

 tuted the present suit to compel the company to receive and transport 

 the same. In view of the fact that the constitutionality of the meat- 

 inspection law was directly involved, the United States attorney, 

 upon recjuest of this Department, was directed by the Attorney- 

 General to intervene on behalf of the United States. A very com- 

 plete memorandum on the points of law raised in the case was pre- 

 pared in this Office and transmitted to the United States attorney. 

 As yet argument has not been heard in the case, though it is hoped 

 that this will be done at the fall term of court. The suit is of very 

 great importance to the Department, since it represents the most 

 noteworthy of any of the contested cases thus far arising under the 

 meat-inspection law. 



THE LACEY ACT. 



As stated in the Annual Report of this Office for the fiscal year 

 1909, sections 242 and 243 of the Criminal Code of the United States, 

 effective January 1, 1910 (35 Stat., 1088), embody an amendment to 

 the act of May 25, 1900 (31 Stat., 188), which obviated the difficulty 

 of properly interpreting the intent of Congress in passing the latter 

 measure. These sections require that all packages containing the 

 dead bodies, or parts thereof, of game animals, game and wild birds, 

 when shipped in interstate or foreign commerce, shall be plainly 

 marked, so that the name and address of the shipper and the nature 

 of the contents may be readily ascertained. It is believed that these 

 sections, supplementing state game laws, will aid materially in their 

 effective administration. 



One case was reported under this act during the past fiscal year, 

 arising in the district of Kansas, based on the shipment in interstate 

 commerce of quail killed and offered for shipment in violation of the 

 laws of Kansas, and not properly marked. This case is on the grand 

 jury docket for the September term, district of Kansas. 



During the year there was also reported another apparent violation 

 of sections 242 and 243 of the Criminal Code in the shipment in inter- 

 state commerce of 264 quail killed in violation of the Kentucky 



