900 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



the evidence did not justifj^ the finding of the jury. In view of the 

 attitude of the court in this case a second trial was not pressed by 

 this department. 



The cases of United States v. The CUfton Forge Ice and Bottling 

 Works, involving interstate shipments of ice cream alleged to be 

 adulterated in that it was filthy and decomposed, which were tried 

 during the fiscal year 1911 in the United States District Court for the 

 Western District of Virginia, and which resulted in a disagreement 

 of the jury, are still pending in said court awaiting retrial, which was 

 requested by this department. Steps have been taken to secure 

 new evidence for presentation at the retrial set for the coming term 

 of the court in February, 1913. 



A large quantity of sardines shipped by L. D. Clark & Sons, 

 Eastport, Me., to Pittsburgh, Pa., were made the subject of seizure 

 proceedings under section 10 of the act in the District Court of the 

 United States for the Western District of Pennsylvania, in a case 

 entitled United States v. 1,938 Cases Sardines. Adulteration was 

 charged for the reason that said fish were filthy and decomposed. 

 The case was contested by L. D. Clark & Sons and extensive testi- 

 mony, both oral and by deposition, from experts was submitted at 

 the trial. The case resulted in a verdict by the jury sustaining the 

 allegations of the Government's libel. 



In the Supreme Court of the District of Columbia two cases of 

 interest are still pending and trials of the same are expected at the 

 fall term of that court. In one of the cases. United States v. Seven 

 Cases Buffalo Lithia Water, the court sustained a demurrer to the 

 Government's libel for failure to charge misbranding within the 

 purview of the act. The libel has been amended so as to obtain a 

 determination of the question involved upon its merits, namely, 

 whether an article containing but a trace of lithium and no more than 

 that contained in ordinary water is entitled to be designated as a 

 lithia water. 



In the other cases. United States v. Five Cases Hurdle Brand Hol- 

 land Gin, the right of the claimant to label a domestic product as 

 Holland Gin is questioned by the Government. In the last- 

 mentioned case, depositions have been taken both by the Government 

 and claimant throughout the country. 



In the case of United States v. A. Schmidt, jr., Bros. Wine Co. 

 and A. E. Morphy, a suit for forfeiture of a bond given by the defend- 

 ants for the release of a product seized pursuant to section 10 of the 

 act and afterwards sold m violation of tne food and drugs act and in 

 violation of the conditions of said bond, the court directed a verdict 

 in favor of the Government for the full amount sued for, namely, 

 $1,000, with legal interest from the date of judicial demand June 16, 

 1908. 



Beginning at page 932 of this report will be found tables showing 

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

 proceedings were begun or terminated during the fiscal year of 1912. 



LEGAL WORK FOR THE FOREST SERVICE. 



Previous annual reports of this ofl^ce have contained outlines of 

 the duties of the Solicitor in respect to the legal work of the Forest 

 Service. The present report is a departure from the practice pur- 

 sued in previous reports, in that it contains a r6sum6, where the 



