OFFICE OF THE SOLICITOK. 415 



The jury was further instructed that if they concluded the product 

 was misbranded and that the label and wrapper were false and in- 

 tended to )nislead, before there may be a conviction they must deter- 

 mine whether the defendant company was aware of the falsity of the 

 wording, or knew it was untrue, and used the wording on the label 

 carelessly and recklessly without sufficiently apprising itself of the 

 true facts, and marketed the product with the view of getting money 

 fraudulently from the public for an article which could not give or 

 render a specific result. 



The jur}^ was instructed that the word "remedy" is known to 

 signify something that cures a disease, something taken internally to 

 alleviate disease and benefit the health. 



The jury was further instructed that the Government is required 

 to prove, not only that the commodity was misbranded, as claimed 

 by it, not only that it was too broad and not limited or restricted in 

 its wording, but that it was the intention of the defendant to deceive 

 the public, and that it knew when the branding was appended to 

 the bottle that it was false, and that if they reach the conclusion 

 that there was a misbranding, but there was no intention to foist 

 upon the public this commodity with the view of gain, then the 

 defendant is entitled to an acquittal on the ground that there was 

 no intention to violate the statute, and, without the intention being 

 present, there can be no conviction. 



The following additional charges were allowed by the court: 



1. Tliat the state of mind — on the question of the intent of the defendant — 

 the state of mind is itself a fact, and may be a material fact, and false and 

 fraudulent representations may be made about it, bearing on what he thought 

 or knew of the ingredients, and persons who make or deal in substances or 

 compositions alleged to be curative are in a position to have superior knowl- 

 edge, and may be held to good faith in their statements. 



2. That the article alone is not necessarily the inducement and compensation 

 for its purchase, that it is the use to which it may be put, and the purpose it 

 may serve, and there is a disposition to defraud when the article is not of the 

 character or kind represented, and hence does not serve the purpose. 



3. That the usual meaning of the word " remedy." as a matter of law, is 

 that which cures disease, any medicine the application of which puts an end 

 to disease and restores health. 



4. That the word " curative " is to be taken in the usual sense on this bottle 

 and that the usual sense of the word " curative " is that which cures, a remedy. 



5. That another recognized definition of " remedy " is " curative tendency 

 only, and not a guarantee." 



MEAT INSPECTION. 



[34 Stat., 674.] 



Twenty-nine cases were reported to the Attorney General, as 

 against 271 ^ cases reported during the preceding year, a decrease of 

 242 cases. 



At the close of the fiscal year 1917. 244 cases were pending. 



Of the cases reported during the fiscal year 1918. 7, and of those 

 pending at the close of the fiscal year 1917. 217. in all 224. were 

 terminated during the fiscal year 1918. Of these 85 resulted in 

 convictions, 126 - were dismissed, 1 resulted in a verdict for the 

 defendant, and in 9 grand juries refused to return indictments. 



Of thesp, 18'? ca'^c; wer-^ crouped nsninst ^ defendants 

 • Oi these, 124 cases were ■ rouped against Z defendants. 



