OFFICE OF THE SOLICITOE. 



487 



After consideration the jury returned to the coui-t room for further 

 7nstructions, and the court then charged them, in part, as follows: 



There is notliing deleterious in tlds candy. The law jiermits candy to he 

 nrtificially colored ; the law does not permit something to be artificially col- 

 ored, however, to imitate something else. That is the distinction. '^ * * 



Would a person going in to buy this candy at retail, at 10 cents a poiiml, 

 lliink that he or she wiis getting chocolate candy because it looked like choco- 

 late candy ; would the price have anjOiing to do with that, considering the 

 people that bought it, the class of i>eople that would go to a u, 10, and 15 cent 

 store, children buying it, all those kind of things you have to apply your 

 Knowledge of affairs as men of the world ; you will have to put yourselves 

 in the place of the person who might be tempted to buy this candy; that is 

 the way you have to look at it, in a plain common sense way, and then you 

 have to determine whether or not this candy was artificially colored to conceal 

 its inferiority. If it was, your verdict must be guiltj'. 



In the case of the United States v. Cleveland Macaroni Co. (F. & 

 D., No. 7G5G) instituted in the Nortlkcrn District of Ohio, upon the 

 demurrer of the defendant compan}^ to the information filed in the 

 case, the court ruled as follows : 



Ui>on examination of tlie information ami briefs of oouQel, 1 am of opinion 

 that proper pleading does not require that the excei^tions contained in section 

 8 of the food and drugs act be negatived in tl!<' information * * , 



MEAT INSPECTION. 



(:t 



074.] 



Twenty-six cases were report<?d to the Attorney General. At the 

 close of the fiscal year 1918, 48 cases were pending. 



Of the cases reported during ti>e fiscal year 1919, 17, and of those 

 pending at tlie close of the fiscal year 1918, 26, in all 43, were ter 

 minated during the fiscal year 1919. Of th^se 27 resulted in com i' - 

 iions^ 10 were dismissed, ^ were nol-prossed, and in 4 grand juries 

 refused to return indictments. Fines aggregating $1,300 were im- 

 posed \n ilT (IIS!-?. MS follows: 



//,. 



I 11'})' 



in ii}(!iJ-iii:;i/c<i ion r^/.v, 



At the close of the fiscal year 1019, 37 cases were ponding. 



MEAT-INSPECTION CASES OF INTEREST. 



The case of Pittsburgh Melting Co. /. Totteu (an inspector of the 

 department), involved the question wliether a certain oleo oil hav- 

 ing the characteristics of an edible product, which the company 

 shipped in interstate commerce as an inedible prcKluct, was entitled 

 to such transiDortation without beln<2,- denatured and accompanied 

 by an inedible certificate, as required by the regulations of the 

 Secretary of Agricidture, The Supreme Court on INoveniber 4, 1918, 



