(Hi.  J.   13.)
MISBRANDING OF FLOUR.
(As to place and manner of manufacture.)
In accordance with the provisions of section 4 of the Food and 
Drugs Act of June 30, 1906, and of regulation 6 of the rules and reg- 
ulations for the enforcement of the act, notice is given that on the 
10th day of June, 1908, in the supreme court of the District of Colum- 
bia, in a proceeding of libel for condemnation of 240 sacks, more or 
less, of misbranded flour, that is to say, flour manufactured in Ohio 
and made from wheat grown in the same State, but which was labeled 
and branded " Paragon Minnesota Cream Roller Process," wherein 
the United States were libelants and the Orrville Milling Company 
of Orrville, Ohio, was claimant, the cause having come on for a 
hearing and the Orrville Milling Company having defaulted in fil-
4
ing answer, a decree of forfeiture and condemnation was rendered in 
substance and in form as follows:
In the Supreme Court of the District of Columbia.
UNITED STATES OF AMERICA
vs. 
I District Docket No. 771.
IDistric
DECREE FOR CONDEMNATION.
On motion of Daniel W. Baker, esquire, attorney for the libelant, and it ap- 
pearing to the court that upon the libel filed herein a warrant of arrest was 
duly issued and served on the 18th day of May, 1908, and that by virtue of the 
warrant the marshal has seized 200 % sacks of flour branded as set out in 
the petition herein and inventoried as of the value of $87.50, the said 200 J 
sacks of flour having been consigned by the Orrville Milling Company, of Orr- 
ville, Ohio, from said Orrville, Ohio, to the Orrville Milling Company, at Wash- 
ington, D. C, F. G. Swain and Son, Washington, D. C, to be notified, and now 
being stored in the custody of the said marshal, and it further appearing that 
the said Orrville Milling Company was duly warned to appear herein on the 
8th day of June, 1908, and that due and legal notice and publication was 
ordered herein on the 26th day of May, 1908, and that such notice was given, 
and publication had, in conformity with the terms of said order, as appears by 
the proofs of publication of the Washington Star and the Washington Post, filed 
herein, notifying all other persons having any claim, right, or interest herein, to 
appear on the said day to answer the exigencies of the said libel, and the said 
Orrville Milling Company having defaulted in filing an answer to the said libel, 
but appearing herein through its attorney in fact and agent, Albert D. Brockett, 
consenting hereto, and no objection having been signified to the court, it is, 
this 10th day of June, 1908, ordered, adjudged, and decreed that the said 200 i 
sacks of flour, with contents as aforesaid, labeled and branded " Paragon Minne- 
sota Cream Roller Process. Sole Agent F. G. Swain and Son, Washington, 
D. C," be, and they hereby are, declared to be misbranded in violation of the 
act of June 30, 1906, as charged in the said libel; and it is further ordered 
that the said 200 i sacks of flour and the contents thereof be, and they hereby 
are, condemned and ordered to be disposed of by sale, as prayed for in the said 
libel and provided for in the said act of June 30, 1906. It is further ordered 
that the proceeds of said sale, less the legal costs and charges, shall be paid 
into the Treasury of the United States. It is provided, however, that upon pay- 
ment of all the costs of the proceedings herein, including the cost of hauling, 
storage, watchman, publication, and all costs incidental to or contracted in these 
proceedings, and the execution and delivery by the said Orrville Milling Com- 
pany to the libelant of a good and sufficient bond in the penalty of $500, con- 
ditioned that the said 200 $ .sacks of flour, with contents misbranded as 
aforesaid, shall not be sold or otherwise disposed of contrary to the provisions 
of the said act of June 30, 1906, the said marshal shall redeliver the said 200 4 
sacks of flour to the said Orrville Milling Company or its agent, in lieu of dis- 
posing of them by sale as aforesaid, the said bond to be filed herein, if at all, 
on or before the 20th day of June, 1908.
(Signed) 
JOB BARNARD,
Justice.
Filed July 10, 1908.
J. R. YOUNG, Clerk.
The case grew out of the following state of facts:
On or about May 14, 1908, an inspector of the Department of 
Agriculture found in a freight car in the District of Columbia 240 
sacks, more or less, of Hour consigned and shipped by the Orrville 
Milling Company, of Orrville, Ohio, to the Orrville Milling Company, 
Washington, D. O, F. G. Swain & Son, Washington, D. O, to be 
notified. The sacks of flour were labeled and branded " Paragon 
Minnesota Cream Roller Process; " whereas, in fact, the flour was 
neither grown nor manufactured in the State of Minnesota, and was 
not a product of the cream roller process, but was a flour manufac- 
tured at Orrville, Ohio, from wheat grown in the State of Ohio, and 
commonly known as " Ohio winter wheat."
On May 14, 1908, the facts were reported by the Secretary of Agri- 
culture to the United States attorney for the District of Columbia, 
and libel for seizure and condemnation was duly filed with the su- 
preme court of the District of Columbia under section 10 of the act. 
The claimant having failed to answer or show reason against seizure 
and confiscation by the United States for the causes stated in the 
libel, the court adjudged the flour misbranded, and upon the filing 
of a good and sufficient bond in accordance with section 10 of the act 
and under the provisions of the decree hereinbefore set forth, the 
goods were duly surrendered to the said claimant.
H. W. WILEY, 
F. L. DUNLAP, 
Board of Food and Drug Inspection.
Approved:
W. M. HAYS,
Acting Secretary of Agriculture.
WASHINGTON, D. C, August 27, 1908.