3152.?Adulteration   of  tomato  pulp.     U.   S.  v.  912  Gases   of  Tomato  Pulp.
Default decree of condemnation, forfeiture, and destruction.    (F. & D.
No. 5292.    S. No. 1883.)
On August 2, 1913, the United States Attorney for the Southern District of?
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel for the seizure and con??
demnation of 912 cases of tomato pulp in cans varying in size from 5 to 6?
gallons, remaining unsold in the original unbroken packages and in possession?
of the Cincinnati Storage & Warehouse Co., as bailee of the Jersey Packing Co.,?
the owner of the product, Cincinnati, Ohio, alleging that the product had been?
transported in interstate commerce from the State of Delaware into the State?
of Ohio, and charging adulteration in violation of the Food and Drugs Act.?
The product bore no label. Adulteration of the product was alleged in the?
libel for the reason that it contained and consisted of a filthy and decomposed?
vegetable substance.
On November 15, 1913, no claimant having appeared for the property, an?
order pro confesso was entered.
On January 10, 1914, the case having come on for final hearing, upon motion?
of the United States attorney for judgment, and upon the testimony of wit??
nesses offered ex parte on behalf of libelant to sustain the allegations of the?
libel, judgment of condemnation and forfeiture was entered and it was ordered?
by the court that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 6, 1914-
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BUREAU OF  CHEMISTRY.?.?[May, 1914.