898 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



of the United States for the vSouthern District of New York and was 

 sentenced to pay a fine of SSOO and to 10 days imprisonment in the 

 county jail. Subsequently the imprisonment was remitted by the 

 court. 



The case of United vStates v. Schaefer (Notice of Judgment No. 

 1351), tried in the United States District Court for the District of 

 Maryland, resulted in a verdict of not guilty. Defendant was 

 charged with shipping interstate a quantity of candy alleged to be 

 misbranded because it contained a resinous substance, the presence 

 of which was not declared on the label. The department failed in 

 this case to sustain its position that it is necessary to declare coating 

 material used on candy without proof that the coating is harmful 

 or conceals inferiority. 



The circuit court of appeals for the eighth district still has under 

 advisement clabnant's appeal in the Kansas City Bleached Flour 

 Case, which was argued and submitted during the fiscal year 1911. 



The case of United States v. Forty Barrels and Twenty Kegs 

 of Coca Cola is still pending on the Government's appeal before the 

 United States Circuit Court for the Sixth Circuit. 



The case of United States v. One Hundred Packages of Anti-Kam- 

 nia Tablets is now pending in the Supreme Court of the United States 

 on appeal by the Government from a decree of the Court of Appeals 

 for the District of Columbia, which afhrmed a decree of the Supreme 

 court of said District favorable to the claimant. 



In the case of United States v. The American Chicle Co., tried 

 in the District Court of the United States for the District of Oregon, 

 the jury returned a verdict of guilty and defendant was fined SI 00 

 and costs. The case involved the interstate shipment of a quantity 

 of chewing gum labeled ''Beeman's Pepsin Gum," which was held to 

 be misbranded because it contained but a trace of pepsin. The ver- 

 dict in this case upholds an important contention oi the Government 

 that where an article contains but a trace of a valuable ingredient 

 it is misbranded if named after that in^edient alone. 



Among the important prosecutions mstituted by the department 

 in the Southern District of New York were two cases against the 

 Farmers' Loan and Trust Company and Henry B. Corey, conducting 

 business as Alart & McGuire (Notice of Judgment 1552). This case 

 involved the interstate shipment of one consignment of mustard 

 alleged to be misbranded because it contained turmeric, an artificial 

 coloring matter not a normal ingredient of prepared mustard, and a 

 second consignment of prepared mustard alleged to be misbranded 

 because it contained both turmeric and wild mustard or charlock, 

 which were not declared on the label of the product. The cases were 

 consolidated and brought to trial before the court and a jury, and 

 after both the Government and defendant had submitted testiimony 

 upon the question of whether the substances named were normal 

 ingredients of prepared mustard, the court directed a verdict of not 



S^^^- .... 



Two cases against the Bettman- Johnson Co., of Cincmnati, Ohio 



(Notice of Judgment 1664), involving the interstate shipments of 



misbranded Maraschmo cherries, were tried during the year in the 



District Court of the United States for the Southern District of Ohio 



and in both cases defendant was found guilty by a jury and sentenced 



