J. W. Goldsmith, Jr.-Grant Co. v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE' UNITED STATES FOR THE NORTHERN DISTRICT OF GEbRGIA. The case is stated in the opinion. Forfeiture of the property of an innocent man for the wrong of another is violative of fundamental rights. The exact, language of §3450, Rev. Stats., if strictly taken, authorizes such a forfeiture. Therefore § 3450 is unconstitutional, unless it can be so construed as not to authorize such a forfeiture. Such a construction is possible.
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ERROR TO THE DISTRICT COURT OF THE' UNITED STATES FOR THE NORTHERN DISTRICT OF GEbRGIA. The case is stated in the opinion. Forfeiture of the property of an innocent man for the wrong of another is violative of fundamental rights. The exact, language of §3450, Rev. Stats., if strictly taken, authorizes such a forfeiture. Therefore § 3450 is unconstitutional, unless it can be so construed as not to authorize such a forfeiture. Such a construction is possible. United States v. Doremus, 249 U. S. 86. If* it is claimed that in Dobbins’s Distillery v. United States, 96 U. S. 395, and United States…
1Opinion of the CourtJustice McKenna
By an Act of Congress passed July 13, 1866,. c. 184, 14 Stat. 98, 151 (now § 3450, Revised Statutes, and we shall so refer to it), it was enacted that, “Whenever any goods or commodities for or in respect whereof any tax is or shall be imposed, . . . are removed, or are deposited or concealed in any place, with intent to defraud the United States of such tax, or any part thereof, all such goods and commodities, . . . shall be forfeited; and in every such case all the casks, vessels, cases, or other packages whatsoever, containing, or which shall have contained, such goods or commodities,…
2Cases cited5 opinions
- United States v. StowellSupreme Court of the United States · 1890
- The PalmyraSupreme Court of the United States · 1827
- Dobbins's Distillery v. United StatesSupreme Court of the United States · 1878
- The BlackheathSupreme Court of the United States · 1904
- Liverpool, Brazil & River Plate Steam Navigation Co. v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1919
3Cited by348 opinions
- Austin v. United StatesSupreme Court of the United States · 1993
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- United States v. BajakajianSupreme Court of the United States · 1998
- United States v. United States Coin & CurrencySupreme Court of the United States · 1971
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
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