Kling v. United States

(after stating the facts as above). [1,2] It is claimed on the part of the appellants that a court of equity has no power to deprive these defendants of the use of their property without a trial by jury, and that, if sections 21 and 22 of title 2 of the National Prohibition Act are so construed, they are unconstitutional. This court held in the ease of Remus v. U. S. (C. C. A.) 291 F. 513, 517, that Congress, in ex*731ercise of the specific power granted by the Eighteenth Amendment, has authority to declare that any building kept and maintained for the illegal manufacturo and sale of intoxicating…