260 F. 657 | 8th Cir. | 1919
There is no claim that the facts found do not support the judgment, but it is assigned as error that the evidence does not support the same. If a jury had been waived in writing, this assignment could not be considered, as the question was in no wise raised at the trial. Section .700 R. S. (Comp. St. § 1668); Mason v. United States, 219'Fed. 547, 135 C. C. A. 315, and cases cited. It cannot now be considered, for the reason that it does not appear that a jury was waived in writing. Bond v. Dustin, 112 U. S. 604, 5 Sup. Ct. 296, 28 L. Ed. 835; Ladd & Tilton Bank v. Louis A. Hicks Co., 218 Fed. 310, 134 C. C. A. 106. The judgment contains the following recital:
“And now both parties announce ready for trial and waive jury and agree to try the case before the court.”
“Provided, that automobiles or any other vehicle^ or conveyances used in introducing, or attempting to introduce, intoxicants into the Indian country, or where the introduction is prohibited by treaty or federal statute, whether used by the owner thereof or other person, shall be subject to the seizure, libel, and forfeiture provided in section 2140 of the Revised Statutes of the United States.”
This law would apply to the facts pleaded in this case. United States v. One Cadillac Automobile (D. C.) 255 Fed. 173; United States v. One Buick Automobile (D. C.) 244 Fed. 961; United States v. One Buick Automobile (D. C.) 255 Fed. 793. The history of this legislation, when being passed by Congress, shows that it was intended for such a situation as exists in Oklahoma. 54 Congressional Rec. 2052, 2931, 2970, 3808, 3811.
judgment oí the court below is affirmed.