United States v. One Chevrolet Coup Automobile

Appellant instituted this proceeding by filing a libel against one Chevrolet coupe *236 automobile, and one ten-gallon keg containing moonshine whisky, for violation of law prohibiting the introduction of intoxicating liquors into Indian country and authorizing the seizure and forfeiture of automobiles and other conveyances so used. 25 USCA §§ 246, 247. That the automobile was so used is conceded. The trial court, however, concluded that the owner of the automobile was innocent of any knowledge of the use of the automobile by its temporary bailees for that particular illegal purpose, and upon that ground denied the prayer to the libel, and ordered the automobile restored to the owner. It. is conceded by both parties that the sole question involved in the appeal is whether or nqt an automobile so used for such unlawful purpose is subject to forfeiture regardless of the fact that the owner was innocent of any participation in or knowledge of the illegal use of his automobile. The question is not a new one.

Under the original form of the legislation enacted in 1864 ( 13 Stat. 29 ) for the forfeiture of vehicles used in unlawfully introducing intoxicating liquor into the Indian…