EEPOET OF THE SECRETARY. 37 



Committee on Expenditures in the Department of Agriculture to be 

 the securing of wholesome food and properly labeled drugs for the 

 people at large. No leniency has been shown in any case based on 

 foods alleged by the Bureau of Chemistry to contain added poison- 

 ous or deleterious ingredients which might render them injurious 

 to health. Eight hundred and twenty-five cases were reported for 

 criminal prosecution, and 337 seizures of adulterated and mis- 

 branded foods and drugs were recommended; making 1,162 cases or 

 40 per cent of the whole number of cases reported since the act went 

 into effect on January 1, 1907. There were 683 cases prosecuted 

 by the United States attorneys or about 50 per cent of all the cases 

 brought to judgment up to June 30, 1911. About $16,000 was the 

 amount of the fines imposed, and costs were generally assessed 

 against the defendants. Decrees of condemnation and forfeiture 

 were entered against over 275 shipments of adulterated and mis- 

 branded foods and drugs, and it was insisted that in every case 

 where foods were found to consist of filthy, decomposed, or putrid 

 substances or to contain poisonous or deleterious ingredients orders 

 be entered directing the destruction of the goods. "7 



Cooperation with the department by some of the State food and 

 drug officials has continued throughout the year, and cases based 

 upon samples collected and examined by the collaborating officials . 

 have been reported to the Attorney General after being considered 

 by the department when the results of the investigations have war- 

 ranted such action. 



Two important cases under the food and drugs act were decided 

 by the Supreme Court during the year. The first was Hipolite Egg 

 Co. V. United States. The case grew out of the seizure of 50 cans 

 of preserved eggs under section 10 of the act in the southern district 

 of Illinois. A decree of condemnation and forfeiture, with costs, 

 was entered by the trial court, and the Hipolite Egg Co. appealed, 

 asserting that the court was without jurisdiction because the eggs 

 had not been shipped for sale within the meaning of the food and 

 drugs act, and, further, that the court was without jurisdiction to 

 assess the costs of the proceedings against the claimant. The decree 

 below was affirmed, and the Supreme Court held that adulterated 

 articles of food which have been transported in interstate commerce 

 are subject to seizure and condemnation as long as they remain in 

 the condition in which they were transported — that is, " in the 

 original unbroken packages." The jurisdiction of the district court 

 to assess costs was also upheld. 



In United States v. Johnson the decision was adverse to the 

 Government. In this case misbranding was alleged of a so-called 

 " mild combination treatment for cancer," consisting of several pack- 

 ages bearing statements that the treatment would effect the cure of 



