The New York herald., 1921-01-18
MOSAIC LAW ANALOGY
When Ok Gored Man to
Death Its Owner Lost
Rights. Justice Quotes.
OTHER SEIZURES POSSIBLE
Steamships and Pullman
Sleepers Might BE Confis-
Gated. Court Hints.
Special Despatch 10 THE Nrw YORK HERALD.
New York Herald Bureau.
Wnshinrlan A Id. L.. Jan. IL.


New York Herald Bureau.
Washington, ID. C.. Jan. IL.
The United States Supreme Court, IN
another decision upholding enforcement
Of prohibition laws. held to-day that an
automobile dealer who retains part own
ership in a car by virtue of having sold
it on the instalment plan can be de-
prived or his interest in the machine
through court confscation If the pur-
chaser, even though unknown to the
sales agents, uses it for Illegal trans
portation of liquor.
The decision obviously places on auto
mobile dealers responsibility OF making
certain that their credit customers are
not bootleggers. The decision on the
case was eigh to one. Justice Mercy
nolds dissenting.
Hundreds of automobiles seized during
the first year of the Volstead law will
be affected by the decision. according
10 Government attorneys. The Commits
sioner or 1nrerna! Revenue reported
1.021 cars seized in the first dry year.
Justice McKenna held that the statute
provided for the confiscation of trans
portation vehicles in such circumstances
regardless of the fact that an innocent
owner might have part interest in the
property. However, the court reserved
opinion whether the owner of a vehicle
which had been stolen and used for
bootleg purposes would be subject to
confiscation proceedings.
The case arose in Georgia, where j.
w. Goldsmith, Jr., sold an automobile to
J. G. Thompson, taXicab operator,
and w. NJ. Lamb, on which $500 re-
mained due. Thompson was arrested
with fifty-four gallons of whiskey in
the car on which the tax was not paid,
it evidently being Southern moon
shine" Goldsmith said he was inno-
cent of any -sssn Of Thompson to use
the car for bootlegging and argued that
his equity in the car was exempt from
confiscation, but the Supreme Court af-
firmed the decision of the lower court
that it was not
Justice McKenna's opinion indicated
the belief of the court that should the
court hold the right of confiscaton to
extend only to the offending purchaser
it would be aiding violation of the law.
In such circumstances bootleggers al
ways could buy cars on time and thus
stand the chance of losing much less in
case OF arrest
The opinion goes as far back as the
Mosaic law for its original foundation.
An old Mosaic law held that II an OK
gored a man to death the OK should be
stoned and his flesh not eaten, the
owner or the animal thus losing his
property right because of It's. offence,
Justice McKenna said. The analogy to
the present case was that the automo-
bile assumes a sort of a personal status
under the law and that if 1t violates the
statute by carrying liquor illegally it
shall meet the fate of confiscation and
the owners, just like the owners of the
OK 5000 years ago. lose their property
right.
In his appeal Goldsmith suggested
unique seizures of property IL the court
held he lost his equity in the car. Re-
ferring to these Justice Mckenna said 1:
'It is said that a Pullman sleeper can
be forfeited If a bottle of Illicit liquor
be taken on it by passenger and that
a steamship can be confiscated if a
package of. like liquor is innocently re-
ceived and transported. Whether the
indicated possibilities under the law are
Justified we are not here called upon
TO consider"