38 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



cancer. The indictment alleged that these representations were false 

 and misleading statements regarding the article and that the drug 

 was misbranded, because analysis showed the treatment to be worth- 

 less and ineffective for the pretended purpose. On defendant's mo- 

 tion to quash, the district court for the western district of Missouri 

 held that inquiry under the food and drugs act does not extend to 

 the question whether a product is effective or worthless to accomplish 

 the results claimed for it on the label. The judgment of the district 

 court was affirmed by the Supreme Court. Following this decision 

 the President sent a message to Congress urging the immediate neces- 

 sity for remedial legislation. 



TWENTY-EIGHT-HOUR LAW. 



Under the 28-hour law 598 instances of apparent violations were 

 reported, 350 cases were disposed of, and 30 cases were decided ad- 

 versely to the United States. Penalties aggregating $26,075 and 

 costs amounting to $5,783.85 were imposed. Eight hundred and seven 

 cases were j)ending under this statute at the close of June 30, 1911. 

 During the fiscal year a number of important decisions of the Fed- 

 eral courts were handed down in cases arising under this statute, the 

 most important being the opinion of the Supreme Court of the United 

 States in Baltimore & Ohio Southwestern Railroad Co. v. United 

 States, in which the unit of violation under the statute was finally 

 determined. The opinion of the Supreme Court makes the number 

 of penalties dependent upon the number of times a carrier fails to 

 comply with the statutory duty to unload, whether the particular 

 group of animals not unloaded be one shipment or a trainload of 

 stock. The tendency of courts to assess larger penalties than pre- 

 viously is noteworthy. In only 19 cases was a penalty over $100 as- 

 sessed in 1910 — 'the minimum fixed in the act — while in 1911 the pen- 

 alty was more than $100 in 46 cases and the maximum fine was in 3 cases 

 $500, as compared with a maximum of $400 in only 1 case in 1910. 



LIVE-STOCK QUARANTINE LAWS. 



The statutes for the prevention of the spread of live-stock diseases 

 have been vigorously enforced. One hundred apparent violations 

 of these laws were reported to the Attorney General during the fiscal 

 year 1911. Of these 90 were apparent violations of the act of March 

 3, 1905, and 10 were alleged violations of the act of May 29, 1884. 

 In all penalties amounting to $5,580 were imposed in the 51 cases 

 where a conviction was secured. 



LACEY ACT. 



During the year four cases arising under sections 242 and 243 of 

 the Criminal Code of the United States, commonly known as the 

 Lacey Act, were reported to the Attorney General. The case against 



