Mattio

Without discussing the technical character of the proceeding, it is sufficient to say that by it the government seeks judgment forfeiting certain articles of jewelry alleged to have been brought into the United States in violation of the Tariff Act of 1922. A jury-was duly waived, and from an adverse judgment, based upon special findings of fact, the government appeals.

In November, 1923, two women, citizens of France, clandestinely entered the United States from Canada, by automobile, without reporting to any immigration official. In' good faith they were at the time wearing the jewelry in question, which consisted of a diamond ring and a pair of diamond earrings, worn by one, and a lavaliere, a diamond pin, a diamond ring, and a pair of diamond earrings worn by the other. They had owned and actually worn it for several years before coming to Canada and the United States, and intended to continue so to use it. Their bag« gage was, upon their entry, expressed to New York, where it was forthwith sent to the customs house, and one of the women personally appeared and declared the same for both. The one so appearing was at the time wearing the major part of the jewelry in question,…