18565. Adulteration of dried cherries. U. S. v. 1ST Boxes of Dried Cher- 
ries. Default decree of condemnation, forfeiture, and destruc- 
tion.    (F. & D. No. 26264.    I. S. No. 22021.    S. No. 4502.)
Samples of dried cherries from the shipment herein described having been 
found to be moldy, insect contaminated, and dirty, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of Maryland.
On April 24, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 137 boxes of dried cherries, remaining in the original unbroken packages 
at Baltimore, Md., alleging that the article had been shipped by the Otzen 
Packing Co., for the account of F. M. Burnham & Co., from San Francisco, 
Calif., on or about March 14, 1931, and had been transported from the State 
of California into the State of Maryland, and charging adulteration in viola-
tion of the food and drugs act.   The article was labeled in part: " H. H. Roy,. 
Baltimore,   *   *   *   California Dried Cherries."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in
.part of a filthy, decomposed, or putrid vegetable substance.
On May 26, 1931, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.