Hoell v. Mellon

INCH, District Judge.

At the outset, it has seemed necessary to me to decide in my mind, in. the absence of any controlling authority presented to or discovered by me, just what, if in any way, are the limits allowed in this kind of proceeding. The defendant’s brief lays stress on the burden of proof, etc. I have used the word “proceeding” advisedly, for it seems to me that this word, appearing in section 5 of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138½bb), refers to all steps in procedure to be taken, rather than to any definite name of any step.

Judge Anderson, in…