Reporter's Statement of the Case smoked. After the hams have been reconditioned it is recommended that they be then disposed of as surplus property. (c) That the sugar-cured hams packed in salt in half barrels be transferred to camps or posts at once and disposed of to troops immediately, or that the same be sold without delay as surplus property. 4. The above inspection was made jointly and this report is submitted for your information and action. I. C. FRANKLIN, In Charge Cold Storage Section, In Charge Inspection Branch, Subsistence Division. VII. Plaintiff is a corporation, with its principal place of business in Chicago, Ill. VIII. The notification set forth in Finding V was received at the office in Chicago about June 4 or 5, 1919, and on June 8 plaintiff's treasurer left Chicago to make financial arrangements in New York. He continued on to Washington and Norfolk, arriving at the latter place the evening of June 10, 1919. On June 11 local banking arrangements were made to take care of the shipments contemplated from the Army base, about 15 miles away. Arrangements were also made for housing the hams in cold storage at Norfolk and Richmond. IX. Plaintiff's treasurer and one Grauman, whom plaintiff had hired to negotiate the sale of these hams, went to the Army base where the hams were stored on the same day (June 11), interviewed the officer in charge, and were informed that orders releasing the hams for shipment had not been received. Plaintiff's representative telephoned another of plaintiff's representatives at Washington of this fact. On June 12 or 13 orders allowing the hams to be released were received at the Army base. X. A rechecking of the weight of the hams resulted in the parties agreeing on 1,403,374 as the number of pounds, for which the plaintiff paid the United States the sum of $280,674.90. Shipments from the base to Norfolk and Richmond were made from June 14, 1919, to July 3, 1919. Upon the same day upon which each shipment of hams arrived at Reporter's Statement of the Case Norfolk and Richmond from the Army base they were placed in cold storage. At the time the United States delivered the hams to the plaintiff at the Army base the plaintiff had no knowledge of the condition of the hams. XI. On August 9 plaintiff's representative received the following letter: Mr. J. L. GRAUMAN, Murphy's Hotel, Richmond, Virginia. AUGUST 9, 1919. DEAR SIR: With reference to the lot of hams held in storage in the Merchant's Cold Storage, Richmond, Virginia, and said to be controlled by you, we beg to advise you that a further inspection of this product leads us to think that in their present shape these hams are not fit for sale for human consumption. You are therefore definitely advised that under authority of the Virginia law this lot of hams is hereby seized, and you are notified not to ship or otherwise dispose of them without further authority from this office. Yours very truly, BENJ. L. PURCELL, Commissioner. Under date of August 15 the Government inspector made the following report: RICHMOND, VA., August 15, 1919. CHIEF BUREAU OF ANIMAL INDUSTRY, Washington, D. C. SIR: Referring further to the hams at the Merchant's Cold Storage, the subject of our letter of August 6, you are advised that we have inspected five boxes of each of the thirtysix lots of this product and find about 15 per cent unsound in whole or in part. All of the hams inspected were heavily covered with mold, some with a dry mold and some with a wet mold. This condition has seriously affected these hams, and the best of them have a slight moldy or musty taste. We have applied the cooking and eating test to some of the best of this product, and while we are able to eat it without any ill effect it is not appetizing, and a small quantity of it proved sufficient to the four members of this force who made the test. Mr. J. L. Grauman, who represents the owners, will confer with you relative to the disposition of these hams. Respectfully, Inspector in Charge, Meat Inspector. Reporter's Statement of the Case And under the same date the plaintiff's representative received the following letter: Mr. J. L. GRAUMAN, Richmond, Va. RICHMOND, Aug. 15, 1919. DEAR SIR: In reply to your inquiry in reference to a lot of hams stored in the Merchant's Cold Storage & Warehouse Co., Richmond, Va., and said to be controlled by you, as the representative of Harris Bros., Chicago, Ill., the owners, 1 beg to advise you that these hams have been seized in the name of the State of Virginia on a showing that the product was not fit in its present condition for sale for human consumption. If you desire to have these hams shipped to some point outside the State for reconditioning under the supervision of the Federal Government, it will be entirely agreeable to this office, and we will release any portion of these hams which you desire to transport in this manner. In order that you may make a proper report of any such shipment to the Federal Government, it will be necessary for you to furnish us with a copy of the b/l or paid freight bill covering the shipment, together with a statement of the markings on labels, if any, which are shown on the packages or attached to the cars. Yours truly, BENJ. L. PURCELL, Commissioner. On August 21 plaintiff wrote the following: HARRIS BROTHERS COMPANY, Chicago, Ill., August 21, 1919. CHIEF BUREAU OF ANIMAL INDUSTRY, Washington, D. C. DEAR SIR: Confirming conversation with Dr. Steddom under even date, please be advised that we respectfully request permission to ship immediately 6 cars of hams and one car per day thereafter until the entire quantity of hams has been shipped from their point of present storage, which is the Merchant's Cold Storage & Warehouse Company at Richmond, Virginia, to the Sullivan Packing Company, of Detroit, Michigan, which establishment is operating under Federal meat inspection. There is approximately one and one-half million pounds of ham now in cold storage, which ham was purchased from the War Department, U. S. Army. The ham is cased, burlapped, and wrapped. Reporter's Statement of the Case The hams are in a moldy condition and we desire to ship them to the Sullivan Packing Company, of Detroit, for reconditioning, as the facilities in Virginia are not sufficient to rapidly put these hams in condition so that they may be promptly sold. Attached hereto is a copy of a letter received from the Commonwealth of Virginia approving the shipment of hams out of the State of Virginia. It is our desire to market these hams as rapidly as possible and our contract with the Sullivan Packing Company provides for as rapid a reconditioning as possible. Yours very truly, HARRIS BROTHERS COMPANY. And in reply received the following: HARRIS BROTHERS COMPANY, Chicago, Illinois. AUGUST 21, 1919. GENTLEMEN: Referring to your letter of August 21, you are advised that permission is herewith granted to ship approximately 1,500,000 pounds of hams now in cold storage in the Merchant's Cold Storage Warehouse, Richmond, Virginia, to establishment 580, Sullivan Packing Company, Detroit, Michigan. These hams are to be loaded under the supervision of bureau inspectors at Richmond who will seal the cars with bureau seals. The hams are then to be transferred to the establishment, above mentioned, in Detroit, where they are to be subjected to reinspection by bureau employees and handled in the most expeditious manner possible under bureau supervision and regulations. Very truly yours, J. R. MOHLER, Chief of Bureau. XII. Plaintiff thereupon sent 693,216 pounds of ham to the Sullivan Packing Corporation, at Detroit, Mich., for reconditioning. On arrival and inspection at this plant these hams were condemned by Government inspectors as being unfit for human consumption, and were converted into tankage and sold as such. The rest of the hams were not shipped to Detroit, as it was decided that they would be inspected at Richmond. Government inspectors made inspection at Richmond of 641,216 pounds of ham from the 30th of September till the 15th of October, and on October 16 condemned them as un Reporter's Statement of the Case fit for human consumption, and they were converted into tankage and sold as such. XIII. Plaintiff's hams to the amount of 1,312,812 pounds in all were condemned for human consumption and were converted into tankage. Others of the hams had been sold by plaintiff before the seizure made by the State of Virginia, and, with some exceptions, appear to have been accepted by the purchasers. Of the hams so sold by the plaintiff before the seizure by the State of Virginia there was one carload packed in salt in half barrels or kegs, which was packed differently from the remainder of the hams, and which was found to be sweet and sound. XIV. Plaintiff's representatives made no inspection of the hams prior to delivery. The Government representatives at the Army base offered every assistance and facility to prospective bidders who desired to inspect the hams before the sale thereof. Captain Clement, who was chief of the subsistence branch, Surplus Property Division of the War Department, and who had supervision of taking bids and making contracts for the sale of surplus subsistence supplies of the War Department, stated to the plaintiff that the hams, for the sale of which he was negotiating with the plaintiff, were in good condition; that their only defect was a surface mold, which could be removed by a vinegar bath; and that with this condition removed they would be worth 35 cents a pound. XV. The average maximum and minimum temperature and total rainfall for the months of January to August, 1919, at Norfolk was as follows: The exposure of the hams to this range of temperature and humidity, together with their age, caused the condition of mold. On May 18, 1919, this mold had not penetrated, |