United States v. Two Automobiles & Five Cases of Whisky
Opinion
Lead Opinion
James, J.
The United States is proceeding by libel to condemn the two automobiles and five cases of whisky mentioned in the title. The allegations of the libel, in brief, are that about the 18th day of July, 1924, the sheriff of the county of Santa Barbara, in California, seized the two automobiles, each of which contained about 16 cases of merchandise which, it is alleged, had been smuggled into the United States without the payment of duties imposed by the Tariff Act of 1922 ( 42 Stat. 858 ), and without lawful permit; that the loading' of the merchandise oil the vehicles was for the purpose of removing the same to points within the United States for sale, and with the intent to avoid the payment of duties; that the merchandise consisted of 36 cases of whisky, one-half of which was deposited and concealed in each of the automobiles; that on about the 22d day of September, 1924, a duly authorized and acting inspector of the collector of customs seized the two automobiles, which had theretofore been taken by the sheriff aforesaid; and that, at the time of said seizure by the said inspector, one of the automobiles, which is more particularly described in the libel, contained 5 eases of…