S. 242.	
Issued March 3,1910.
F. & D. No. 614.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OP JUDGMENT NO. 174, FOOD AND DRUGS ACT.
ADULTERATION AND MISBRANDING OF A STOCK FEED.
In accordance with the provisions of Section 4 of the Food and?
Drugs Act, June 80, 1906, and of Regulation 6 of the Rules and?
Regulations for the enforcement of the Act, notice is given that on?
the 28th day of October, 1909, in the District Court of the United?
States for the District of Maryland, a judgment was entered in the?
below entitled case wherein a libel was filed under Section 10 of the?
aforesaid Act, alleging in substance that 200 sacks of horse feed, each?
sack being branded "100 lbs. Mueller's Molasses Grains?Analysis:?
Cmde Protein 10?, Fat 3??, Carbo Hydrates 48?, Fiber 12?.?
Ingredients: Molasses, Cottonseed Meal and By-Products of Grains,"?
which had been shipped from Norfolk, Va. to Baltimore, Md., and?
there found in original and unbroken packages, were adulterated, in?
that each of said sacks contained 15? of rice hulls, which was a?
harmful and deleterious substance which injuriously affected the?
quality and strength of said mixture; and were misbranded, in that?
each of said sacks was represented to contain a substance consisting?
of molasses, cottonseed meal and by-products of grain, whereas in?
truth and in fact the contents of each of said packages consisted of?
15? rice hulls.
The libel prayed process against all claimants to the said 200 sacks?
of stock feed and seizure and condemnation of the same. No claim??
ant having appeared to make answer to said libel, the court rendered?
its decree of condemnation and forfeiture, in substance and form as?
follows:
IN THE DISTRICT COURT OP THE UNITED STATES FOR THE DISTRICT OF MARYLAND.
UNITED STATES OP AMERICA
Two HUNDRED SACKS OF HORSE FEED.
Now cornea the United States of America, by John C. Rose, its attorney, and moves?
for a decree of condemnation of the articles in this case, due notice having been given?
in compliance with the orders of this Court to any and all persons who may have or
27720?10
claim aliy interest in said articles to appear and show cause, if any they have, why a?
final decree of condemnation should not be passed as prayed in an information?
heretofore exhibited in this cause and no person having appeared or shown cause why?
such decree should not be passed, although the time within which cause must be?
shown has expired.
JOHN C. ROSE,?
United States Attorney.
Upon the aforegoing motion of the United States, by John C. Rose, its attorney,?
it appearing to the District Court of the United States for the District of Maryland?
that no one has appeared showing cause why a decree of condemnation should not be?
passed as prayed in the information filed in this cause, although due notice for all such?
persons was duly given and the time within which cause must be shown has expired.
Now, therefore, it is hereby ordered, adjudged and decreed by the District Court?
of the United States for the District of Maryland this twenty-eighth day of October,?
1909, that the property mentioned in the said information be, and the same is, hereby?
condemned, and all right, title and interest of any and all persons therein are hereby?
adjudged and ordered to have been, and they are, hereby forfeited to the said United?
States of America.
On November 8, 1909, the court further ordered the destruction?
of the above described property, which order is as follows:
IN THE DISTRICT COURT OP THE UNITED STATES FOR THE DISTRICT or MARYLAND.
UNITED STATES OF AMERICA?1
Two HUNDRED SACKS OF HORSE FEED.J
Whereas, it is charged in the libel heretofore filed in this cause that the horse feed?
in question is adulterated within the meaning of an Act of Congress approved June 30th,?
1906, commonly called the Food and Drugs Act; and,
Whereas, a final decree of condemnation of said horse feed was passed on the?
twenty-eighth day of October, 1909; and,
Whereas, by the said decree of condemnation all right, title and interest of any and?
all persons in said horse feed was forfeited to the United States of America; and,
Whereas, it would seem that an order for the destruction of said horse feed should?
be passed in this cause rather than an order for its sale, by reason of the fact that the?
adulteration of the said horse feed injuriously affects the quality and strength of?
same and renders it less fit for the purpose for which it was to be used than unadul??
terated horse feed would be:
Now, therefore, it is hereby ordered and adjudged by the District Court of the?
United States for the District of Maryland, this eighth day of November, 1909, that?
the said horse feed shall be completely destroyed by John F. Langhammer, United?
States Marshal for the District of Maryland, on the tenth day of November, 1909, or?
so soon thereafter as the said Marshal can conveniently complete such destruction.
The facts which led to the seizure and destruction of this product?
were as follows:
On or about June 14, 1909, an Inspector of the United States?
Department of Agriculture found in the possession of Joseph W.?
Hellman, at 518 Pratt Street, Baltimore, Md., 200 sacks of product?
labeled as above described, which had been shipped by E. P. Mueller
from Norfolk, Va. A sample taken from this consignment was?
analyzed in the Bureau of Chemistry of the United States Depart??
ment of Agriculture and found to contain about 15? of rice hulls.?
The analysis having thus disclosed an adulteration and a misbranding?
of the product, the Secretary of Agriculture on June 15,1909, reported?
the facts to the United States Attorney for the District of Maryland,?
who filed the above libel with the results hereinbefore stated.
JAMES WILSON,?
Secretary of Agriculture.?
WASHINGTON, D. C, January 28, 1910.