Driscoll v. Campbell

(after stating the facts as above). It is urged by the appellees that, regardless of the merits, dismissal of the bill should be affirmed because the District .Court was without jurisdiction. The argument is that jurisdiction must be derived, if at all, from the third paragraph of section 6, title 2, of the Prohibition Act (41 Stat. 310 [27 USCA § 16]); that, according to Higgins v. Foster, 12 F.(2d) 646 (C. C. A. 2), the first two paragraphs of that section do not include denatured alcohol, because it is not “liquor” within the statutory definition; and that, since the permits referred to in…