Guiles

This is a libel to condemn eight horses and one automobile on the ground that the horses were smuggled into the United States from British Columbia and that the truck was used in their transportation, in violation of 19 U.S.C.A. § 483 . The appellant appeared as claimant and denied the allegations of the libel. The property was all seized on land within Boundary County of the State of Idaho. The issues raised by the pleadings were triable by a jury. Kennedy v. U. S., 9 Cir., 44 F.2d 57 . The case was tried -without a jury, although no stipulation was filed or made or entered in the minutes of the court, waiving a jury • trial. The court made and entered findings of fact and conclusions of law followed by a decree or judgment declaring the property forfeited and directing its sale. Appellant relies upon a finding of fact by the court to the effect that five head of horses sought to be confiscated were imported into the United States bj two Indians, Joe Dominic and William Swanson, and that Justin Osay, an Indian, brought in a horse and a mare, and that another mare was owned by Sam Luke, a Canadian Indian, but it was not known who brought the latter into the United States.

The…