Page:United States Reports, Volume 209.djvu/514

 488 OCTOBER TEii 1907. Opinion of the Court. 209 U. 8. and asked the latter officer to bring a test case in the courts of Michigan or "arbitrate the question at issue." To which the Assistant Attorney General replied "that they did not arbitrate matters in Michigan, but that they were 'fighters.'" It is alleged that appellants were advised by their attorney that the proper course for them to pursue would be to label their "Westmoreland" and "Triumph" brands of syrups as nearly as possible in accordance with the laws of Michigan, and in compliance with that opinion they devised labels which scribed the "Westmoreland" as a brand of pure maple syrup and pure rock candy syrup, and the "Triumph" as a "delicious brand" of the same syrups. And it is alleged that both brands are composed of maple syrup and cane syrup, "and no other ingredients whateveL" and that rock candy syrup is the purest kind of cane syrup, and is the only cane syrup used by appel- lants. It is al!egad that appellants have shipped into the State of Michigan said brands of syrups labeled and branded as aforesaid and that shortly after such shipment the appellee "assumed a hostile attitude towards all of said syrups and contended and persists in contending that the labeling upon said syrups does not comply with the laws of the State, and that he and his inspectors ' at once commenced a systematic crnssle" against the sale of the syrups, and appellant is informed that appel]ce contends that TM the words c maple syrup' should not appear on any of the said labels in any manner or form whatever, even though said syrups actually contained a representative pro- portion of pure maple syrup." The bill contains the following paragraph: 'Your rators further represent that they are informed and believe that the said crusacle, waged against their said brands of syrup by the saic Arthur C. Bird and his inspectors, is not in good faith, but that the same is actuated by malice and ill will on the part of said Arthur C. Bird towards your orator, growing out of the conference between your orators' said at- torney and the said Arthur C. Bird hereinbefore referred to,

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