Joseph McKenna

“ The situations are clearly separate, and we cannot unite or qualify them by the purpose of the owner to be a sale. It, indeed, may be asked, in what manner a sale? The question suggests that we might accept the condition, and yet the instances of this record be within the statute. All articles, compound or single, not intended for consumption by the producer, are designed for sale, and, because they are, it is the concern of the law to have them pure. ”

“ It is stated in Benedict's Admiralty, § 204, that 'the distinction between proceedings in rem and in personam has no proper relation to the question of jurisdiction.' It may be, as stated in § 359 of the same work, that 'in a suit in rem, unless someone intervenes, the power and process of the court is confined to the thing itself, and does not reach either the person or property of the owner.' If, however, the owner comes in, or an intervener does, his appearance is voluntary. He becomes an actor and subjects himself to costs, and this even if his ownership be averred in the libel. ”

“ It may well be considered that there is no analogy between an article in the hands of its owner, or moved from one place to another by him, to be used in the manufacture of articles subject to the statute, and to be branded in compliance with it, and an adulterated article itself the subject of sale, and intended to be used as adulterated, in contravention of the purpose of the statute. ”

“ In the case at bar there was no sale of the articles after they were committed to interstate commerce, nor were the original packages broken. Indeed, it might be insisted that we need go no farther than that case for the rule of decision in this. It affirms the doctrine of original packages which was expressed and illustrated in previous cases and has been expressed and illustrated in subsequent ones. It is too firmly fixed to need or even to justify further discussion, and we shall not stop to affirm or deny its application to the special contention of the egg company. ”

“ Section 10 of the food and drugs act does not apply to an article of food which has not been shipped for sale, but which has been shipped solely for use as raw material in the manufacture of some other product. (2) A United States district court has no jurisdiction to proceed in rem under § 10 against goods that have passed out of interstate commerce before the proceeding in rem was commenced. (3) The court had no jurisdiction to enter a personal judgment against the egg company for costs. ”

“ It is certainly to the interest of a producer or consumer that the article which he receives, no matter whence it comes, shall be pure, and the law seeks to secure that interest, not only through personal penalties, but through the condemnation of the article if impure. ”

“ A writ of error was sued out from this court and the decree was affirmed, on the ground that Waring was not the shipper or consignee of the imported merchandise, nor the first vendor of it, and it was the settled law of the court 'that merchandise in the original packages, once sold by the importer, is taxable as other property,'-citing Brown v. ”