Qualtop Beverages, Inc. v. McCampbell

(after stating the facts as above). This appeal raises the question of the nature of the judicial proceeding authorized by the National Prohibition Act, when a permittee thinks himself aggrieved by the Commissioner’s revocation of his permit. Is it a trial de novo, in which new evidence may be adduced and the court determine for itself the propriety of the revocation, or is it merely a review of the proceedings had before the Commissioner, to determine whether he exercised legally the discretion vested in him by the Act?

In Remick Products v. Mills, 22 F.(2d) 477, 480, we said: “* * * We do…