13318. Adulteration of canned cherries. V. S. v. 17 Cartons and 3G Car- 
tons of Cherries. Default decree of condemnation, forfeiture, 
and destruction. (F. & D. No. 19909. I. S. Nos. 16325-v, 1637G-V. 
S. No. B-5186.)
On March 18, 1925, the United States attorney for the Northern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 53 cartons of canned cherries, remaining in the original 
unbroken packages at Atlanta, Ga., alleging that the article had been shipped 
by S. E. Comstock & Go., from Fairport, N. Y., on or about November 15, 
1924, and transported from the State of New,York into the State of Georgia, 
and charging adulteration in violation of the food and drugs act. A portion 
of the article was labeled in part: (Can) "Orchard Farm Brand Red Sour 
Pitted Cherries * * * Guaranteed And Distributed By Mt. Morris Canning 
Co. Mt. Morris, N. Y." The remainder of the said article was labeled in 
part: (Can) "Sweet Violet Brand Red Sour Pitted Cherries * * * Guar- 
anteed And Distributed By Finger Lakes Canning Co., Inc. Penn Yan, N. Y."
Adulteration of the article was alleged in the libel for the reason that it 
consisted in part of a filthy, decomposed, and putrid vegetable substance.
On April 28, 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.