(N.  J.  72.)
MISBRANDING OF CANNES CHERRIES.
(UNDERWEIGHT.)
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 
regulations for the enforcement of the act, notice is given of the judg- 
ment of the court in case of the United States v. 100 cases of canned 
cherries, a proceeding of libel for seizure and condemnation of said 
goods under section 10 of the aforesaid act, lately pending in the 
district court of the United States for the district of Colorado, 
wherein the Spratlen-Anderson Mercantile Company, a corporation 
of Denver, Colo., was claimant. The cherries had been packed by 
the Woodscross Canning and Pickling Company, Woodscross, Utah, 
and by them shipped to the said Spratlen-Anderson Mercantile Com- 
pany, and were misbranded within the meaning of the act in that 
they were so labeled as to make it appear that each case contained 
2 dozen cans weighing 2£ pounds each, whereas the gross weight 
of each can was found to vary from 2 pounds 2| ounces to 2 pounds 
5-| ounces. The claimant having admitted the allegations of the. 
libel the court adjudged the goods misbranded, and on January 13, 
1909, entered its decree in substance and in form as follows:
UNITED STATES OF AMERICA,
District of Colorado, ss:
IN THE DISTRICT COURT OF THE UNITED STATES WITHIN AND FOR THE DISTRICT
OF COLORADO.
THE UNITED STATES OF AMERICA, Libelant,
vs. 
ONE HUNDRED CASES OF CANNED CHERRIES.
ORDER.
.NO. 2228.
In this cause, it appearing to the court that (the said United States of Amer- 
ica, by Thomas Ward, Jr., United States attorney for the district of Colorado, and
the Spratlen-Anderson Mercantile Company, a corporation, the claimants and 
owners of the property seized herein, by L. F. Spratlen, its president, consenting 
thereto) under the process issued in this cause ninety-six (96) cases of canned 
cherries were seized by the United States marshal at the city and county of 
Denver, State of Colorado, and that the same were subject to seizure and con- 
fiscation by the United States for the causes set forth in the libel herein; that 
is to say, for the reason that the said cases were misbranded in this, that the 
said cases purported to contain two dozen cans of cherries, each can containing 
two and one-half pounds of cherries, whereas, in truth and in fact, the said cans 
in said cases did not contain to exceed two pounds of cherries, and the said 
brands upon the said cases were, therefore, misleading and calculated to deceive 
purchasers:
And it further appearing, by like consent, that said the Spratlen-Anderson 
Mercantile Company has agreed that an order may be entered at once condemn- 
ing and confiscating said property to the United States;
It is therefore ordered, adjudged, and decreed that the said property above 
described, now in the possession of the marshal of the court, be, and the same is 
hereby, declared to be forfeited and confiscated to the United States.
It is further ordered, however, that upon payment by said the Spratlen- 
Anderson Mercantile Company of the costs of this proceeding and the execution 
and delivery of a good and sufficient bond, to "be filed with the clerk in this 
cause, conditioned that this property shall not be sold or otherwise disposed of 
contrary to the provisions of the act (C. 3915, 59th Congress) commonly known 
as the "Pure Food and Drugs Act" (act of June 30, 1906), or contrary to the 
laws of the State of Colorado, then the marshal of this court is hereby directed 
to deliver said property to said the Spratlen-Anderson Mercantile Company, or 
its agents. 
By  the court.
(Signed) ROBT. E. LEWIS, Judge-
It is hereby stipulated and agreed that the foregoing order may be entered 
of record in the above cause.
THOMAS WAED, Jr., 
United States Attorney for the District of Colorado.
THE SPEATLEEf-AWDERSON MEE,  Co.,
By L. F. SPEATLEN, Pres.
The facts in the case were as follows:
On or about the 5th day of December, 1908, an inspector of the 
Department of Agriculture found in the possession of the Spratlen- 
Anderson Mercantile Company, at Denver, Colo., 100 cases of canned 
cherries, which had been received on November 12, 1908, from the 
Woodscross Canning and Pickling Company, Woodscross, Utah. 
Fifty cases of this consignment, each containing 24 cans, were labeled 
" 2 doz. 2^ lbs. Black Cherries, Woodscross Canning and Pickling 
Co., Woodscross, Utah," and the remaining 50 cases, each containing 
24 cans, were labeled " 2 doz. 2^ lbs. White Cherries, Woodscross 
Canning and Pickling Company, Woodscross, Utah." A number of 
the cans contained in said cases were weighed in the Bureau of Chem- 
istry, United States Department of Agriculture, and the gross weight 
of each was found to vary from 2 pounds 2-| ounces to 2 pounds 5£
ounces. The cases were therefore misbranded within the meaning 
of section 8 of the act, and on the 7th day of December, 1908, the 
facts were reported by the Secretary of Agriculture to the United 
States attorney for the district of Colorado and libel for seizure and 
condemnation was duly filed, with the result hereinbefore stated.
F. L. DUNLAP, 
GEO.  P. MCCABE, 
Board of Food and Drug Inspection. 
Approved:
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, June 16, 1909.