United States v. 800 Sacks Barley Mixed Oats

BRYAN, Circuit Judge.

The United States filed a libel to condemn two carloads of mixed barley and oats on the ground that they had been adulterated with water, in violation of section 7 of the Pure Food and Drugs Act of 1906, 21 USCA § 8. The averments as to adulteration were put in issue by appellee as owner and claimant of the grain.

According to the government’s evidence, samples taken from one ear contained 14.15, and from the other 14.33, per cent, of moisture. Water is used in the bleaching process to which the grain was subjected, and tbe percentage of moisture found was not as high as…