THE SOLICITOR. 765 



There were also examined the reports of the Bureau of Chemistry 

 on 5,552 samples on which no cases were submitted by the bureau. 

 The Solicitor agreed with the bureau that no further action should be 

 taken on the samples, excepting on a comparatively small number of 

 them. Letters were addressed to the manufacturers of 8 of the sam- 

 ples, pointing out particulars in which they did not meet fully the re- 

 quirements of the law, and prosecution was recommended in 6 in- 

 stances, when investigation showed that the evidence obtained 

 warranted such action. 



Cooperation with the department by some of the State food and 

 drug officials has continued throughout the year. Under the prac- 

 tice, as prescribed by the regulations and instructions issued by the 

 Board of Food and Drug Inspection, cases based on samples collected 

 and examined by the collaborating officials, after consideration by the 

 department, have been reported to the Attorney General when the 

 results of the investigations have warranted such action. Plans 

 looking to the furtherance of cooperative work were laid at a confer- 

 ence with the department by a committee of the Association of State 

 and National Food and Dairy Departments for presentation at the 

 annual meeting of the association in August. It is beUeved that the 

 adoption of the plans devised by the committee will produce increased 

 activity on the part of collaborating officials in the enforcement of 

 the law. 



Two important cases under the food and drugs act were decided by 

 the Supreme Court of the United States during the year. The first 

 was Hipolite Egg Co. v. United States (220 U. S., 45). 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 condemna- 

 tion and forfeiture, with costs, was entered by the trial court, and the 

 Hipolite Egg Co. appealed, asserting that the court was without juris- 

 diction 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 

 company. 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. (220 U. S., 45; Notice 

 of Judgment No. 1043.) 



United States v. Johnson (221 U. S., 488; Notice of Judgment. 

 No. 1058) was decided adversely to the Government. In this case 

 misbranding was alleged of a so-called "mild combination treatment 

 for cancer," consisting of several packages, bearing statements that 

 the treatment would effect the cure of cancer. The indictment 

 alleged that these statements were false and misleading statements 

 regarding the article, and that the drug was misbranded because 

 analysis showed the treatment to be worthless and ineffective for the 

 pretended purpose. On defendant's motion to quash the District 

 Court for the Western District of Missouri held tliat 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 (177 Fed., 313; Notice of JudOTnent No. 266). The 

 judgment of the district court was affirmed by the Supreme Court 

 (221 U. S., 488; Notice of Judgment No. 1058). Following this 



