THE SOLICITOR. 767 



not dependent on each other. The circuit court of appeals, in conclud- 

 ing that the sections of the food and drugs act, particularly sections 2 

 and 10, are interdependent, in effect likens suits for forfeitures under the 

 food and drugs act to suits for forfeitures under the revenue and customs 

 laws. Proceedings to effect forfeitures under the revenue laws have 

 been held to be quasi criminal in their nature, because they are pro- 

 ceedings against the owners of the property as well as against the 

 goods, and the OA\Tiers' breach of the laws must be proved to estab- 

 lish forfeitures. Suits for forfeitures under the food and drugs act, 

 on the other hand, are conducted without regard to the question 

 whether the owners of the goods have committed offenses described 

 by sections 1 and 2. Heretofore section 10, which makes no pro- 

 vision for hearings, has been construed by the courts to be complete 

 in itself and to define fully the conditions under which adulterated 

 and misbranded articles are liable to seizure and forfeiture as well 

 as the procedure by which such seizures shall be made, namely, as near 

 as may be to proceedings in admiralty. Preliminary hearings are 

 no part of proceedings in admiralty. No steps were taken by the 

 Attorney General to obtain a review of the decision by the Supreme 

 Court because the effect of section 4 of the act is involved in U. S. v. 

 Morgan, there pending. 



Tlie circuit court of appeals for the fifth circuit affirmed decrees of 

 condemnation entered by district courts in United States v. 2,000 Cases 

 of Canned Tomatoes, R. G. Charles, claimant (Notice of Judgment 

 No. 875), and United States v. 1 Barrel of Vanilla, Warner- Jenkinson 

 Co., claimants (Notice of Judgment No. 1166). 



In Nave-McCord Mercantile Co. v. United States (182 Fed., 46) the 

 circuit court of appeals for the eighth circuit reversed the judgment of 

 the court below m favor of the United States and held that defend- 

 ant's demurrer should have been sustained, for the reason that the 

 information failed to aver sufficient facts to constitute a violation 

 of the food and drugs act (182 Fed., 46; Notice of Judgment No. 

 895). 



The circuit court of appeals for the second circuit, in United States 

 V. 300 Cans of Frozen Eggs, European Egg Co., claimant, decided it is 

 unnecessary to aUege in libels for condemnation and forfeiture of 

 adulterated foods under the food and drugs act that such foods 

 which remain unloaded, unsold, or in original unbroken packages 

 after transportation from one State to another were transported for 

 sale. The case arose out of the seizure, in the southern district of 

 New York, of a quantity of frozen eggs alleged to be adulterated, in 

 that they consisted wholly or in part of filthy, decomposed, or putrid 

 substances, and was decided on the authority of Hipolite Egg Co. 

 V. United States, supra (189 Fed., 351; Circular No. 55, Office of the 

 Solicitor). The decision of the District Court for the Southern Dis- 

 trict of Ohio that a libel .for condemnation under section 10 is fatally 

 defective for failure to allege that seized goods had been transported 

 for sale, in United States v. 46 Packages of Sugar (183 Fed., 642), 

 was made prior to the decision of the Supreme Court in the Hipo- 

 lite case. 



The constitutionahty of the act was unsuccessfully attacked in 

 United States v. Lehn and Fink, prosecuted in the Circuit Court for 

 the Southern District of New York. The information charged 

 adulteration of a quantity of jalap which had been shipped in 

 interstate commerce, because the drug was sold under a name recog- 



