United States v. Carstens Packing Co.

NETERER, District Judge.

In this sort of a proceeding, the owner and the building are two distinct entities. It is immaterial whether the owner knows that the building violates the law.- The building is vulnerable, and, if the liquor traffic is conducted in the building, it is subject to the abatement proceeding, .and, unless the owner abates it himself, the government has a right to invoke equity to abate it.

The owner must know what the property is used for if he desires the building to escape the penalty, and a stipulation in a lease that the building shall not be. used for the unlawful…