composition of these eggs had progressed so far that the eggs were in common parlance rotten.

"Now, to approach this question, as in an every day business manner; it is perfectly fair to ascertain what it is, that you would have asked for, if you wanted to buy the article that Worischeck bought? The trade name by all the evidence appears to be frozen eggs. What are frozen eggs? In the first place, they are broken. Naturally, the inquiry arises why are they broken? In the next place, the contents of the egg shell are strained through a sieve-like article; and the inquiry is perfectly natural: why are they strained? In the next place the whites and yolks are mixed. Again the inquiry, why? When the product, strained and mixed, was collected in the month of February, 1910, the trade price at which those articles were sold, was eighteen cents per pound, which according to the witnesses who averaged nine eggs to the pound, makes twenty-four cents per dozen; and tanner's eggs are worth four cents per pound. Why was all this done; what is the effect of the freezing, and what is the effect of the preservative formaldehyde, if there was a necessity for a preservative, and if there was in fact formaldehyde present?

"It appears to me, that by all the testimony, the action. of both cold and preservative, if there was any, was to arrest decay; further, I think it is perfectly fair to assume by all the testimony, leaving however the question of fact to you, that eggs are frozen, and the commercial article of frozen eggs exists for the purpose of arresting decay in the eggs so frozen.

"Now, it is to be remembered that this is an article of food, and if an article of food be in such a state that it be deemed desirable to arrest decay by cold or preservatives or both, then it follows that in that article (as testified to by both sides and all of the scientific experts here) when the cold is removed, and the action of the preservative is exhausted, decomposition will reassert itself, and progress even more rapidly than before.

"The question, therefore, would seem to be perfectly fair,

can a person who deals in frozen eggs, or other articles that may be preserved by cold or otherwise from the process of decay, such preservation being temporary only, rely upon instant use? What is reasonbly to be expected, if an article is sent forth in trade for sale and distribution; and in the particular case of frozen eggs, what is to be expected in the distribution and sale thereof to bakers, for insertion into such articles of their product as may require eggs.

"So, according to my understanding, when those eggs went to Washington on February 12th or two days after they were sold, you are asked to believe by the prosecution that the eggs were then in such condition as would reasonably be expected by any person who put them forth for food consumption, unless they were to be eaten, absolutely frozen.

"Now, so far as the scientific knowledge which has been exposed to us, I am frank to say that a great deal of it falls off me, and I strongly suspect that a great deal falls off you, very much like the proverbial water off a duck's back; but I think that this result may be taken to have been shown by the scientists on both sides: There may be bacteria or bacilli without decomposition, but there can not be decomposition without the presence of bacilli or bacteria. Decomposition when carried far enough will usually result in organic bodies in putrefaction, which is an advanced stage of decomposition, with a fetid odor; the odor of putrefaction can be temporarily concealed by certain chemicals, of which formaldehyde is one.

"Now, says the government, from the quantity and kind of bacteria discernible in this particular shipment of eggs.—it is for you to say whether at a time, and in a condition that might reasonably have been expected as the time and condition of consumption,-do the eggs show such an advanced stage of decomposition as to bring them under the condemnation of the Act, which I interpret, to the best of my knowledge, to mean that those eggs were in common parlance rotten eggs.

"This, gentlemen, I believe to be the whole case. Returning again to the two propositions, which I have before indi

cated; if you are of the opinion that formaldehyde was present in the shipment in question, if you are further of the opinion that formaldehyde is a deleterious ingredient, that may render the article containing it injurious to human. health, that alone is sufficient to warrant a verdict of guilty. If you are of the opinion that there was no formaldehyde, and if you are further of the opinion that the eggs were not in such a state of decomposition as to entitle them to be termed rotten, then you should bring in a verdict of not guilty.

"In this case, no matter whether the person or party proceeded against is a corporation or not, this being a criminal case, it is just as necessary to find the result to which you arrive in favor of the prosecution beyond a reasonable doubt, as in any other case. During other trials in which you jurors of the present panel have been sitting, I have had occasion to define the meaning of the words reasonable doubt; I do not think it is necessary to repeat it. I assume I am talking to intelligent men."

1 N. J. 825.

Eggs unfit for use shipped by their owner from Missouri to Illnois to be there used in his own bakery in cakes may be condemned. United States v. Two Barrels of Eggs, 185 Fed. 702.

In one case the court said:

"Under the second clause of the seventh section, I shall dismiss the government's charge at once. I do not think under the evidence in the case, that that clause has been violated; that is, I do not think that the egg product in question is adulterated within the meaning of the second subdivision of section seven. It is the very article that it was intended to be the very article that was intended to be made and

sugar was a part of that article. That is not a case of misbranding. The article is made under a patent, or at least a similar article is patented and I do not think the introduction of sugar under the circumstances disclosed, adulterates the article within the meaning of the Act. It is made just as it was ordered and as it was directed to be made; that being so it is not clear why sugar adulterates the article any more than the putting of salt and pepper into canned soup would adulterate that article, assuming that the soup was to be seasoned." N. J. 1027. Nature and Composition of Eggs, Leach, Food Inspection 261; Wiley, Food Adulteration 112.

§ 155. Essence of Wintergreen.

A dilute essence of wintergreen containing less than onehalf the necessary amount of wintergreen, and artificially colored in imitation of essence of wintergreen of full strength, is forbidden by the statute.1

§ 156. Figs.

Figs that are filthy, moldy and decomposed are adulterated.1

§ 157. Fish.

To offer for sale fish-as sardines-that consists in part of a filthy, decomposed and putrid animal substance, is an offense.1

§ 158. Flour.

To use wheat flour in rye flour is to adulterate the latter.1 To bleach flour by mixing with it bleaching gas and by the use of electricity, whereby an inferior flour is made to appear as one of superior quality, is forbidden by the statute.2 Flour bleached with nitrogen peroxid is adulterated.3 one case, where flour had been treated by the Alsop process, the court made the following finding, and ordered 1,200 sacks of flour destroyed:

(a) Certain substances known as nitrites, nitrite reacting material, and nitrogen peroxid gas had been mixed and packed with said flour so as to reduce, lower and injuriously affect its quality and strength in these respects, viz., that the capacity of said flour to change and improve as it would have changed and improved if aged and conditioned by natu

ral processes, had been destroyed; that the elasticity of the gluten content of said flour had been lessened and impaired and other ingredients of said flour had been injuriously affected so as to reduce, lower and impair its bread-making qualities;

(b) Said flour had been and was mixed, colored and stained. in a manner whereby damage and inferiority was concealed in these respects, among others, viz., that the inferiority or freshness or newness, an inferiority which is present in flour made from new wheat or in flour freshly milled from wheat that is either old or new, and an inferiority which manifests itself, among other things, in color, elasticity of gluten, and the quality of other ingredients which affect its value for bread-making purposes, had been and was concealed, and said flour had been caused to simulate the appearance of flour made from wheat properly aged and conditioned by natural processes and of flour which had been properly aged and conditioned by natural processes after being milled, and that said treatment by the Alsop process concealed the inferiority of said flour by giving it the appearance of a better grade of flour than it really was;

(c) Said flour had been caused to contain and did contain. added poisonous or other added deleterious ingredients, to wit, nitrites, nitrite reacting material and nitrogen peroxid gas. which may render said flour injurious to health.*

§ 159. Flavoring Extracts.

An artificial compound,' made out of alcohol and other chemicals to imitate the flavor of strawberry, substituted wholly for the genuine article, and artificially colored to conceal its inferiority, can not be sold without a violation of the statute.2

4 N. J. 722. On bleeching and adulteration see Wiley, Food Adulteration 247, 248; Leach, Food Inspection 315, 321.

1 See Lemon and Orange Flavor

2 N. J. 339; N. J. 246; N. J. 218; N. J. 122; N. J. 143; N. J. 892; N. J. 939; N. J. 1029. Leach, Food Inspection 849 to 886.