782 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



the act did not relate to interstate commerce. The second proceeding 

 was a criminal prosecution instituted against the Pittsburg Melting 

 Co. and Wm. li. Womsley, its president, based on the delivery to 

 the Baltimore & Ohio Railroad Co. at Pittsburgh, for shipment in 

 interstate or foreign commerce, of an uninspected meat food product, 

 to wit, oleo oil, in violation of the provisions of the meat inspection 

 amendment. Having been formally notified of existing conditions 

 and of the contentions of the Government, the Baltimore & Ohio 

 Railroad Co. declined to receive further consignments of uninspected 

 meat food products from the Pittsburg Melting Co. for transportation 

 in interstate or foreign commerce, whereupon the Pittsburg Melting 

 Co. fded a bill in equity against the Baltimore & Ohio Railroad Co. 

 similar in form to that filed against the Pennsylvania Railroad Co., 

 praying that an injunction issue to compel the Baltimore & Oliio 

 Railroad Co. to receive their products for shipment in interstate and 

 foreign commerce, and to restrain G. E. Totten, inspector of the 

 Bureau of Animal Industry of the Department of Agriculture 

 stationed at Pittsburgh, from molesting, interfering with, or taking 

 any action detrimental to the interests of the company pending the 

 decision in the case. Hearing on the injunction was held in the 

 United States District Court for the Western District of Pennsylvania, 

 and, as a result, the temporary injunction issued as prayed. A 

 demurrer was filed to the indictment against the Pittsburg Melting 

 Co. and Wm. H. Womsley, attacking the constitutionality of the act 

 upon an alleged violation of which the prosecution has been instituted. 

 Tne demurrer was finally overruled by the court and the defendants 

 placed on trial, which resulted in their acquittal, the court holding 

 that no violation of the statute had been made out and ordering 

 that a verdict of not guilty be entered. 



The constitutionality of the act having been sustained by the court 

 in overruling the demurrer in the case against the Pittsburg Melting 

 Co. and William H. Womsley, counsel for the company requested 

 leave of court to withdraw the proceeding in the case of Pittsburg 

 Melting Co. v. Pennsylvania Railroad Co. and to discontinue the case 

 of Pittsburg Melting Co. v. Baltimore & Ohio Railroad Co. and G. E. 

 Totten, inspector of the Bureau of Animal Industry, Department of 

 Agriculture. Both motions were granted by the court, it being 

 ordered that the temporary injunction granted in case of Pittsburg 

 Melting Co. v. Baltimore & Ohio Railroad Co. and G. E. Totten be 

 dissolved. The decision on demurrer in United States v. Pittsburg 

 Melting Co. and William H. Womsley is noteworthy, since it repre- 

 sents the only contested case thus far in which the constitutionality 

 of the act was drawn in question and sustained. 



THE LACEY ACT. 



During the period covered by this report 4 cases arising under sec- 

 tions 242 and 243 of the Criminal Code of the United States (35 Stat., 

 1088) were reported to the Attorney General for appropriate action. 

 Two of these cases were subsequently dismissed, owing to the fact 

 service could not be obtained upon the defendants; the other two 

 cases were pending at the close of June 30, 1911 (Department of 

 Agriculture Miscellaneous Cases Nos. 121 and 122). The case of 23 

 Japanese poachers who were arrested on Laysan Island in the act 

 of killing birds was brought to trial and the defendants fined and 

 imprisoned. 



