United States v. One Airplane

In my opinion under the evidence in this matter, which is a libel brought by the government for 'the purpose of forfeiting an airplane under the provisions of the Acts of May 22, 1918 (22 USCA §§ 223-226), and March 2, 1921 (22 USCA § 227), the proceeding must be dismissed.

It would appear that all 'penal provisions, which include those concerning forfeiture of vehicles in the War-Time Passport Act of May 22, 1918, have not been continued in force by the Act of March 2,1921. Flora v. Rustad, 8 F.(2d) 335 (8th C. C. A.). See, also, U. S. v. Phelps (D. C.) 14 F.(2d) 679 , and U. S. ex rel. Porter v. Yale (D. C.) 14 F.(2d) 682 , and that subsequent legislation has supplanted the penal and forfeiture provisions of said War-Time Passport Act of 1918 so as to render such provisions inoperative and ineffectual. Johnson v. Keating, 17 F.(2d) 50 (1st C. C.A.).

I have been unable to find any construction or interpretation of said War-time Passport Act by the Ninth Circuit Court of Appeals, except Koyama v. Burnett, 8 F.(2d) 940 , and there is nothing in that decision that manifests a ruling in conflict with the decisions of the Circuit Courts of Appeals of the First and Eighth Circuits…