Ng Ka Py Cases

With a possible exception later to be noted, these 14 cases are in their legal posture substantially *773 identical, and a statement of the salient facts in the first will serve for all.

On October 25, 1921, the steamship Golden State arrived at the port of San Francisco from China, carrying as a part of her cargo 680 eases of a Chinese liquor called “Ng Ka Py,” shipped in three lots from China to three consignees in San Francisco. As was at the time known to the collector of customs and other customs officials at the port of San Francisco, Ng Ka Py is intoxicating liquor within the definition of the National Prohibition Act (27 USCA), and there was no permit for the importation of this consignment. The liquors were landed on the dock in the customary way, where they lay a few days awaiting an application for their entry. No application having been received, they were taken to a customs bonded warehouse as unclaimed goods to be held until application, supported by the requisite permit, should be made for their entry. No such permit having been procured, the liquors were never entered, and never went into the possession of the consignees.

On December 16, 1921, and while they were…

(concurring). It is a mistake to assume that a proceeding such as this is authorized by the National Prohibition Act. Section 25 of.that act authorizes the court to summarily destroy intoxicating liquor which has lawfully come into its possession under a search warrant or other lawful seizure, just as section 26 (27 USCA § 40) authorizes the sale of a vehicle discovered in the act of transporting intoxicating liquor and seized by an officer. But beyond this the National Prohibition Act does not authorize any proceeding for the destruction of intoxicating liquor or- for the forfeiture of vehicles.. The act does declare, however, that it shall be unlawful to have or possess any liquor, or property designed for the manufacture of liquor, intended for use in violation of that act, or which has been so used, and that no property rights shall exist in any such liquor or property, and because of this declaration a proceeding may no doubt be instituted, having for its object the destruction of such liquor or property. But such a proceeding is not under or authorized by section 25 of the National Prohibition Act. As said by Judge Hough in United States v. Specified Quantities of…