58 F.2d 195 | 2d Cir. | 1932
Wilfred Racine was arrested on March 2, 1931, while engaged in operating an automobile which he possessed under a contract of conditional sale. He was driving from Canada and it was discovered that he was transporting quantities of wine and ale. After his apprehension by customs inspectors because of a violation of section 593 (a) of the Tariff Act of 1930 (19 USCA § 1593 (a), a libel of forfeiture was filed June 1, 1931, by the appellee against the motor car. The appellant appeared as owner and contested the right of seizure. The court below directed a verdict for the forfeiture of the ear, pursuant to the provisions of the customs laws (sections 459, 460, 593, of the Tariff Act of 1930 [19 USCA §§ 1459, 1460, 1593]).
On this appeal it is claimed that it was mandatory to proceed under section 26 of title 2 of the National Prohibition Act (27 USCA § 40), and that the motor vehicle could not be seized and condemned under the provisions of the customs laws. It is urged that, under the authority of what is said in Richbourg Motor Co. v. United States, 281 U S. 528, 50 S. Ct. 385, 74 L. Ed. 1016, 73 A. L. R. 1081, the arrest of Racine and sei
Section 459 of the Tariff Act of 1930 (19 USCA § 1459) provided, among other things as follows: “If any merchandise or baggage is unladen or discharged from any * * * vehicle without g permit therefor, the same, together with the * * * vehicle in which imported, shall be subject to forfeiture.”
Thus when Racine was detected violating the Tariff Act, it became their duty to make seizure and arrest him and report the violation to the collector (section 502 of the Tariff Act [19 USCA § 1502]), and the latter’s duty to report it to the United States attorney section 603 (section 1603). It was then the duty of the United States attorney, if it appeared probable that any fine or penalty had been incurred, to commence proper proceedings. Section 604 (section 1604). When Racine was arrested and the car seized, it was reported to the United States attorney for forfeiture, and it appearing that there was probable cause for his action, he so proceeded.
In 1930, Congress provided (paragraph 804, § 1, Tariff Act of 1930 [19 USCA § 1001, par. 804]) for a duty of $1.25 a gallon on still wines, a duty of $1 a gallon on ale (paragraph 805), and duties on the bottles and jugs as well as contents (paragraph 810). By paragraph 814, it is provided that no wines or other liquors having one-half of one per cent, or more of alcohol shall be imported without permit, and that they shall be seized and forfeited in the same manner as for other violation of the customs laws. Therefore, customs officers, in fulfillment of their duties, were required to proceed; the collector was bound to request the United States attorney to file a libel asking that the automobile be condemned and forfeited to the United States for the causes of forfeiture under the customs laws as set forth in this libel and as established at the trial.
We held in The Sebastopol and The Ruth Mildred, decided March 2, 1932 (C. C. A.) 56 F.(2d) 590, that there was no conflict between section 26, title 2, of the National Prohibition Act (27 USCA § 40), which provides for forfeiture of a vehicle transporting liquor, and section 594 of the Tariff Act •of 1922 (19 USCA § 498), providing the vehicle was liable for penalties imposed upon its owner, conductor, or driver.
There was probable cause for sustaining this suit. Section 6T5 of the Tariff Act of
Decree affirmed.