Thompson

This is a suit for an injunction to restrain the collector of customs from selling under the provisions of the Act of September 21, 1922 ( 42 Stat. 986 [19 USCA § 519]), an automobile, which it is claimed on the part of the collector was seized by the officers while engaged in transporting intoxicating liquor which had been smuggled into the United States without paying customs duty.

No contention is made that the collector has not fully complied with those conditions which the act of Congress prescribes. See Barnes’ Eederal Code Supp. 1919-1926, § 4541, with subdivisions. These provisions provide for adequate notice and opportunity to claimants to appear and assert their right.

The plaintiff has alleged, and the fact appears to be accordingly, that the driver of the automobile seized has heretofore been prosecuted under the National Prohibition Act (27 USCA), and received sentence upon his conviction. The case of Port Gardner Investment Company v. United States, 272 U. S. 564 , 47 S. Ct. 165 , 71 L. Ed. 412 , decided by the Supreme Court, November 23, 1926, is cited to the point that, upon conviction had of the driver of the automobile under the terms of the National…