Morachis
United States v. Morachis
Opinion
Concurring Opinion
Denman, J.
(concurring).
The question here is whether a vehicle containing articles denied “taking out of the United States” without license, and which are being carried in it without such license, is subject to forfeiture to the United States. It is admitted that the mere taking out of the vehicle alone is not unlawful.
The pertinent words of the statute concerning the “taking out” of the seized vehicle are “Whenever an attempt is made to * * * take out of the United States any * * * articles, in violation of law” the authorized -persons “may seize and detain any articles * * * about to be * * * taken out of the United States, in violation of law, and the vessels or vehicles containing the same * * If “the property seized shall appear to have been about to be so unlawfully * * * taken out of the United States, the same shall be forfeited to the United States.” 22 U.S.C.A. § 401 .
It is .contended that though the seizure of the automobile is allowed, its “[taking] out of the United States” with its unlawful load is not an “unlawful” act and hence it is not subject to forfeiture. I cannot agree. The seizure and detention of the vehicle would be meaningless if the appellees’ contention…
Lead Opinion
Stephens, J.
The United States appeals from a judgment of the District Court of the United States for the District of Arizona, decreeing restoration of a Plymouth truck to the owner, Miguel Morachis in a proceeding-wherein appellant claimed forfeiture of the truck to it under Title VI of the Espionage Act of 1917, 22 U.S.C.A. §§ 401-408 .
Miguel Morachis, claimant-appellee,, maintained an office in Nogales, Arizona, at-the time of the seizure. His business was, *919 that of buying and selling produce and shipping the same from the United States into Mexico. Rodolpho Tapia (sometimes •called Rodolpho Tapia Montano), an employee of Marachis and in charge of his business, used the vehicle in question for attempting to take into Mexico lemons, ■grapefruit and canned milk in violation of the Export Control Law of 1940, 50 U.S. C.A.Appendix § 701.
The Export Control Law makes no pro-vision for seizure of property sought to be illegally exported, but the government relies upon the forfeiture provisions in the Espionage Act as authority for the forfeiture of the truck. United States v. 21 Lbs. 8 Oz. More or Less of Platinum, D.C.Md.1944, 53 F.Supp. 971 .