THE SOLTCITOE. 773 



bia, and the. judgment of the trial court was affirmed, the court of 

 appeals holding, in effect, that no authority of law exists for regulating 

 tne declaration on labels that the derivative of a specified substance 

 is a derivative of such substance, and, further, that the allegation of 

 the libel that the statement "contained no acetanilid is false and 

 misleading and constitutes misbranding under the law" was insuffi- 

 cient, because it did not expressly charge that acetej^lienetidin con- 

 tains acetanilid, and, consecfuently, the charge of misbranding was 

 limited to the failure to state that.acetephenetidin is a derivative of 

 acetanilid. Thereuj)on, appeal was taken to the Supreme Court of 

 the United States, where the case is now pending (Notice of Judg- 

 ment 1056). 



Claimants' appeal in the Kansas City bleached flour case, in which 

 a decree of condemnation was entered in July, 1910, against a quan- 

 tity of flour bleached with nitrogen peroxide on the ground that it 

 was adulterated and misbranded, by the District Court for the 

 Western District of Missouri, in July, 1910, was argued before the 

 court of appeals for the eighth circuit in May, and the case is now 

 under consideration by the court of appeals. 



The appeal taken by J. G. Dorn and Thomas F. Cunningham, from 

 the judgment of the district court for the eastern district of Louisi- 

 ana in favor of the United States for $1,000 on account of the violation 

 of the terms of a bond filed by the defendants to secure the release of 

 wine condemned for adulteration and misbranding, was heard by the 

 court of appeals for the fifth circuit. The judgment of the district 

 court was affirmed. 



Defendant's motion for a new trial in U. S. v. Tucker (188 Fed., 

 741) was overruled. Tucker, on receipt of a symptom blank from 

 an inspector of the Department of Agriculture, at different times, 

 deposited in the mail at Mount Gilead, Ohio, addressed to the inspector 

 at Washington, two bottles of a medicine, represented as a specific for 

 asthma, hay fever, catarrh, etc., which contained cocaine. No decla- 

 ration was made on the bottles that the drug contained cocaine. 

 On trial for the shipment of a misbranded drug in violation of section 

 2 of the act, the jury returned a verdict of guUt}^, and Tucker moved 

 to set aside the verdict on the ground that he was engaged in intra- 

 state and not in interstate commerce. The court held that the trans 

 action was interstate commerce, overruled the motion, and imposed 

 a fine of SI 50 and costs on the defendant. 



Beginning at page 58 of this report will be found tables showing in 

 detail the cases arising under the food and drugs act in which pro- 

 ceedings were begun or terminated during the fiscal year 1911. 



THE TWENTY-EIGHT-HOUR LAW. 

 ENFORCEMENT Or THE ACT. 



During the fiscal year 1911 the enforcement of the twenty-eight- 

 hour law (act of June 29, 1906, 34 Stat., 607) proceeded vigorously 

 and effectively. The department reported to tne Attorney General 

 598 instances of apparent %aolations of the statute in that period. 

 This is 160 cases more than were similarly reported m the fiscal year 

 1910, 438 cases being transmitted to the Attorney General in that 

 fiscal year. Having regard to the normal growth of the traffic in live 

 stock, it may be fairly said that during the fiscal year just past there 



