directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption.

"6. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter."

"The term 'misbranded' shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any par ticular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced."

"In the case of drugs an article shall also be deemed misbranded:

"1. If it be an imitation of, or offered for sale under the name of, another article.

"2. If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substance contained therein.

"3. If its package or label shall bear or contain any statement, design or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fraudulent.

"In the case of food:

"1. If it be an imitation of, or offered for sale under the distinctive name of, another article.

"2. If it be labeled or branded so as to deceive the purchaser, or purport to be a foreign product when it is not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been

placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.

"3. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count: Provided, however, That reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with section three of this Act.

"4. If the package containing it, or its label, shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular; Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

"a. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

"b. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word 'compound,' 'imitation,' or 'blend,' as the case may be, is plainly stated on the package in which it is offered for sale; Provided, that the term 'blend' as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; And provided further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

"c. No dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler,

jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of this Act.

"Any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, and is being transported from one State, Territory, District, or insular possession, to another for sale, or, having been transported, remains unloaded or unsold or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or the Territories or insular possessions of the United States, or if it be imported from a foreign country for sale, or intended for exportation to a foreign country, is liable to be seized and confiscated, and may be destroyed or disposed of, and the proceeds, less the costs, paid into the treasury of the United States. But the owner may prevent such confiscation or sale by a good and sufficient bond that such articles are not to be sold or otherwise disposed of contrary to the provisions of this act.

"The Secretary of the Treasury shall deliver to the Secretary of the Board of Agriculture, from time to time, samples of foods and drugs which are being imported in the United States for sale, or offered for exportation; and if found adulterated or misbranded within the meaning of this Act, or dangerous to health, may refuse admission; but pending the decision on this matter, the goods may be delivered to the owner on the deposit of a good and sufficient security."

It is provided that the act or omission of an agent, if within the scope of his authority, shall be deemed the act of the person or corporation whom he represents.

CHAPTER XLV.

THE AUTOMOBILE.

RIGHTS AND DUTIES OF OWNERS.

The extensive use of the automobile which has come about since this book was originally written makes it desirable to add a few words as to the rights and duties of owners and users of these vehicles.

Generally speaking, these rights and duties relative to other users of the highway are the same as those of horse-drawn vehicles, subject to such regulations as the dangerous qualities of these powerful machines have rendered necessary for the protection of the public. On the one hand the motorist is entitled with all other members of the public to the free use of the public highways and streets; on the other hand he has no superior right of way, and cannot by blowing his horn require every one else to make way for him.

Like all other drivers of vehicles upon the public highway, the motorist is bound to use reasonable care to avoid injuring others. What is reasonable care varies with the situation in which he is placed and the degree of danger involved; what, for instance would be a reasonable rate of speed on an open country road. might be recklessly excessive in a crowded city street. The very fact, however, that the machine which he operates is so powerful and capable of such high speed imposes upon him at all times the duty of a special degree of care proportionate to these dangerous qualities.

In most of the states the rate of speed permitted on the highways is regulated by statute, sometimes by specifying the maximum number of miles allowed per hour, and sometimes, as in Massachusetts, by prohibiting a rate of speed "greater than is reasonable and proper, having regard to traffic and the use of the way, and safety of the public," but specifying certain rates of speed as prima facie excessive.

Driving at a rate of speed in excess of the legal limits, when an accident results, is prima facie proof of negligence, and where the death of a person is caused by wilful and reckless overspeed

ing the driver may be convicted of manslaughter. It is no defense in such a case that after the person injured was seen every effort was made to avoid the accident.

Keeping within the limits prescribed by statute does not however exempt the driver from all further responsibility on this point. "On the contrary" says the Court in a recent case, "he still remains bound to anticipate that he may meet persons at any point in the public street, and he must keep a proper look-out for them and keep his machine under such control as to enable him to avoid collision with another person, using proper care and caution, and if necessary, he must slow up and even stop. No blowing of a horn or of a whistle or ringing of a bell or gong, without an attempt to slacken the speed is sufficient if the circumstances demand that the speed be slackened or machine stopped, and such a course is reasonably possible. The true test is that he must use all the care and caution which an ordinary prudent and careful driver would have exercised under the same circumstances."

A pedestrian has the same rights in the street or highway as an automobile, and is not restricted to the use of cross-walks. The motorist approaching a pedestrian in the traveled part of a highway should give warning with his horn or bell, and if necessary, slow up or stop. He is held to a special degree of care in the case of children and of old or infirm persons. On the other hand he has a right to assume that any person using the highway is in full possession of the senses of sight and hearing, and may act on that assumption until he has reason to believe the contrary. Ordinarily, a pedestrian has no right of way superior to that of the driver of a vehicle; each may continue his own course, with relative regard for the other's rights of travel, and the driver of an automobile is not bound to stop unless it is necessary to prevent a collision. Not unfrequently, a pedestrian becomes frightened or confused in his efforts to avoid an approaching automobile. In such a case it has been held that the driver should not proceed, zigzagging back and forth in the effort to avoid a collision, but should bring his machine to a stop.

As the attention of the driver must of necessity be specially concentrated on what is in front of him he is not, as a general rule required to keep a look-out backward to see whether others are approaching in his rear; but to back his machine without