United States v. Three Quarts of Whisky

WINSLOW, District Judge.

Libel by the United States for forfeiture of automobile, etc., submitted on agreed statement of facts. Jury trial waived.

The facts in this ease are very similar to U. S. v. Garth Motor Co. (C. C. A.) 4 F.(2d) 528, approved by the Circuit Court of Appeals, Second Circuit in U. S. v. One Reo Truck Automobile, The William L. Mantha Co., Inc., Claimant, 9 F.(2d) 529, decided November 16, 1925.

I think that section 26, title 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%mm), operates to supersede the provisions of R. S. § 3450 (Comp. Stat. 6352).…