THE MILK SITUATION IN THE DISTRICT OF COLUMBIA. 395 



cause the same to be published for not less than two weeks successively in a 

 daily or weekly newspaper published in the District of Columbia. 



" SEC. 878c. That whoever, except the person who shall have filed and pub- 

 lished a description of the same as aforesaid, fills with milk or cream, or other 

 beverage, as aforesaid, with intent to sell the same, any vessel so marked and 

 distinguished as aforesaid, the description of which shall have been filed and 

 published as provided in the preceding section, or defaces, erases, covers up, 

 or otherwise removes or conceals any such name or mark as aforesaid, or the 

 word ' registered ' thereon, or sells, buys, gives, takes, or otherwise disposes of, or 

 traffics in the same without having purchased the contents thereof from the 

 person whose name is in or upon such vessel, or without the written consent of 

 such person, shall, for the first offense, be punished by a fine of not less than 

 fifty cents for each such vessel, or by imprisonment for not less than ten days 

 nor more than one year, or by both such fine and imprisonment; and for each 

 subsequent offense by a fine of not less than one nor more than five dollars for 

 each such vessel, or by imprisonment for not less than twenty days nor more 

 than one year, or by both such fine and imprisonment. 



" SEC. 878d. That the use or possession by any person not engaged in the 

 production or sale of milk or cream or other beverage as aforesaid, except the 

 person who shall so have filed and published a description of the same as afore- 

 said, of any vessel marked or distinguished as aforesaid, the description of 

 which shall have been filed and published as aforesaid, without purchase of the 

 contents thereof from, or the written consent of, the person who shall so have 

 filed and published the said description, shall be prima facie evidence of the 

 unlawful use, possession of, or traffic in, such vessel, and the person so using or 

 in possession of the same, except the person who shall so have filed and pub- 

 lished the said description as aforesaid, shall be punished as in the next pre- 

 ceding section provided. 



" SEC. 878e. That upon complaint of any person who has complied with sec- 

 tion eight hundred and seventy-eight b, or of his agent, to the police court of 

 the District of Columbia, or one of the judges thereof, that such person, or 

 agent, has reason to believe, and does believe, that any person within the Dis- 

 trict of Columbia is guilty of the violation of any provision of this act, the s.iid 

 court or judge may issue a search warrant to discover and obtain such vessels 

 as aforesaid and their contents, and may also cause to be brought before the 

 said court or judge the person so believed to be guilty, or his agent or employee, 

 in whose possession or upon whose wagon or premises any such vessel or vessels 

 may be found ; and any such person, agent, or employee found guilty of a viola- 

 tion of any of the provisions of this act shall be punished as aforesaid, and the 

 said court or judge shall also order the property taken upon any such search 

 warrant to be delivered to its owner. 



" SEC. 878f. That the clerk of the supreme court of the District of Columbia 

 is hereby authorized to make regulations and prescribe forms for the filing of 

 labels, trade-marks, or other distinctive marks under the provisions of the 

 foregoing amendments to section eight hundred and seventy-eight. 



" SEC. 878g. That nothing in the foregoing amendments to section eight hun- 

 dred and seventy-eight shall prevent or restrain any person who is the legal 

 owner of a trade-mark or label from proceeding in an action of tort against 

 any person found guilty of violating any subsection of section eight hundred and 

 seventy-eight." 



Approved, February 27, 1907. 



APPENDIX X. 



EXCERPT FROM DISTRICT OF COLUMBIA APPROPRIATION ACT INHIBITING 

 HEALTH DEPARTMENT EMPLOYEES FROM SERVING DAIRYMEN OR DAIRY 

 FARMERS OR MANUFACTURERS OF OR DEALERS IN FOODS AND DRUGS r 

 APPROVED MARCH 2, 1907. 



[34 Stat., 1119.] 



Provided, That hereafter no officer or employee of the health department 

 shall, during his continuance in office, serve in his private capacity, for fee* 

 gift, or reward, any person licensed to keep or maintain a dairy or dairy farm 



