REPORT OF TILE SOLICITOR. 359 



In Seven Cases and Six Cases of Eckman's Alterative v. United 

 States (230 U. S., 510; Circular 85, Office of the Solicitor), the 

 Supreme Court affirmed the judgment of the District Court of the 

 United States for the District of Nebraska (Notice of Judgment 

 2995), overruling demurrers challenging the sufficiency of the libels 

 filed and the constitutionality of the Sherlev amendment, approved 

 August 23. 1912 (37 Stat.. 416), to the food and drugs act. 



In Goode et al. v. United States (Notice of Judgment No. 3809). 

 the Court of Appeals of the District of Columbia affirmed the decree 

 of the Supreme Court of the District of Columbia (United States v. 

 Seven Cases of Buffalo Lithia Water, Circular 78. Office of the 

 Solicitor), condemning as misbranded an article labeled "Buffalo 

 Lithia "Water " on the ground that the article did not contain sufficient 

 lithium to entitle it to be labeled " lithia water." The case is now 

 pending in the United States Supreme Court on writ of error. 



In United States v. 25 Bags of Nuts (Notice of Judgment No. 

 4329), the product was alleged to be adulterated in that it was wormy, 

 moldy, and unfit for food, and misbranded in that it was labeled 

 "fancy mixed nuts," whereas the nuts were not fancy mixed, but 

 were of an inferior grade. The court refused to permit the Govern- 

 ment to introduce the testimony of expert trade witnesses to show 

 that the nuts were not of the grade known as " fancy mixed," and 

 directed a verdict for the claimants. 



In Dr. Williams Pink Pills v. United States (Circular 87, Office of 

 the Solicitor), the United States Circuit Court of Appeals for the 

 Third Circuit, in affirming the decree of the United States District 

 Court for the Eastern District of Pennsylvania condemning 11 pack- 

 ages of Dr. Williams' Pink Pills for misbranding in violation of the 

 Sherley amendment of August 23, 1912, to the food and drugs act, 

 by reason of the labels bearing false and fraudulent statements re- 

 garding the curative or therapeutic effect of the drug, held that if 

 it be established by the evidence that such statements are false, and 

 that they were made with reckless or wanton disregard of their truth 

 or falsity, the article is misbranded within the meaning of the amend- 

 ment. 



Among other cases of interest were the following : 



United States v. Harry Matusow (Notice of Judgment 4190). 

 United States v. Earl Chandler (Notice of Judgment 4547). 

 United States v. 408 Bu. of Oysters, unreported (F. and D. 



No. 7036). 

 United States v. Thomson, Taylor Spice Co., unreported (F. 



and D. Nos. 2621, 4481, 4774, 4775, and 5014). 



THE MEAT INSPECTION LAW (34 STAT., 674). 



Two hundred and thirty-seven cases were reported to the Attorney 

 General, while 155 cases were reported during the preceding year, 

 an increase of 82 cases for the fiscal year 1916. 



At the close of the fiscal year 1915 65 cases were pending. 



Of the cases reported during the fiscal year 1916, 168. and of those 

 pending at the close of the fiscal year 1915, 42, in all 210, were termi- 

 nated during 1916. One hundred and eighty-eight resulted in con- 

 victions, 13 were dismissed, in 8 grand juries failed to indict, and in 

 1 verdict was rendered for the defendant. 



