National Surety Co. v. United States

Under the stipulated facts in this case, prohibition officers discovered one Osborne in the act of transporting intoxicating liquor by automobile in violation of law. The officers seized the automobile and placed the driver of the car under arrest. Later an information was filed against the driver, in the court below, charging violations of the National Prohibition Aet (Comp. St. § 10138% et seq.) in two counts: First, the unlawful possession of intoxicating liquor; and, second, the unlawful transportation of intoxicating liquor. Upon the trial of the information the defendant was found not guilty as to both counts. Thereafter the present libel or information was filed to forfeit the automobile under section 3450 of the Eevised Statutes (Comp. St. § 6352) and from a judgment of forfeiture the present writ of error was prosecuted.

In Port Gardner Investment Co. v. United States, 47 S. Ct. 165 , 71 L. Ed.-, decided by the Supreme Court November 23, 1926, this court certified certain questions to the Supreme Court; the fifth question being as follows: “Did the prosecution of the driver of the ear under the National Prohibition Act constitute an election by the government to proceed…