3178.?Adulteration of beans.     TJ. S. v. 275 Sacks of Beans.   Consent decree
of     condemnation    and     forfeiture.   Product     released     on     bond.
(F. & D. No. 5329.    S. No. 1924.)
On September 13, 1913, the United States Attorney for the Southern District?
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel for the seizure and?
condemnation of 275 sacks, each containing approximately 165 pounds of beans,?
remaining unsold in the original unbroken packages and in the possession of?
the Cincinnati, Hamilton & Dayton Railway Co., at Hamilton, Ohio, as bailee?
for J. P. Burroughs & Son, Flint, Mich., alleging that the product had been?
transported from the State of Michigan 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 Teason that it?
contained and consisted of a filthy and decomposed vegetable substance.
On December 2, 1913, the case having come on for hearing upon the libel and?
upon the claim and answer by claimants, trading under the firm name of?
J. P. Burroughs & Son, and said claimants by their answer having consented,?
to a decree, 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. It was provided, however, that the product should be released and?
restored to said claimants upon payment of the costs of the proceeding and the?
execution of bond by them in the sum of $1,000, in conformity with section 10?
of the act.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1914.