Herter

On August 1, 1928, appellant filed with the clerk of the court below a petition for the return to him of certain articles of personal property which he alleged had been unlawfully taken from his possession, in his home, by prohibition agents acting under the authority of a search warrant issued by a United States commissioner of the district. The property consisted of 456 quarts of beer, 3 quarts of wine, ]4 pint of whisky, and divers vessels or containers, materials, and other small articles which are susceptible to use in the manufacture, possession, or sale of intoxicating liquors, but are more or less commonly used for legitimate purposes, such as a copper boiler, copper buckets, steins, etc. No proceedings, either civil or criminal, were pending when the petition was filed based upon or relating to his possession or use thereof, nor had one ever been commenced,, and the property was, and at all times subsequently to its seizure had been, in the custody of one Jackson, prohibition director for Montana. With his petition appellant exhibited copies of the application for the search warrant with supporting affidavits, the search warrant, and the return of the officers executing…