New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-27
Rules Customs
Law Is Void in
Run1CarSeiizure
Detroit Federal Court De-
clares Confiscation of
Auto Illegal i'll Case
of Insurance Company
Volstead Act Sufficient
Cars Libeled Under the Old
Legislation Could Not
BE Recovered by Owners
Special Dispatch to Tho Tribune

DETROIT, Aug 26.-Customs laws of
the United States 50 far as they relate
to the importation Of liquor are rem
dered null and void under a decision
handed down to-day by Judge Arthur
3. Tuttle in the United States District
Court.
Under the ruling automobiles used
IN smuggling liquor into the United
States from Canada or elsewhere can
not be seized under the customs regula-
tons. While automobiles so used NAV
be seized under the Volstead act wher-
ever found engaged in Transporting
liquor, 1T has been the custom of local
enforcement officers to act under the
customs law, which provides for the
confiscation Of the vehicle, regardless
OF whether the owner had knowledge of
the illegal use to which his car was
put. The Volstead act, on the other
hand, provides that the owner of a car
so used may recover his property if he
can prove his innocence.
Had Collected Insurance
The decision was rendered in "rhe
case Of the United States against One
Hudson Motor Car" In this casa ths
car had been stolen from It's owner
and the latter had collected Mia theft
insurance from firm after having
assigned all his right, title and intere It
IN the machine. Tho company inter
vened and petitioned to have the libel
set aside. In his decision judge Tuttlo
said: 1'S''
ut is now settled that the good faith
or even the entire innocence Of an
owner of an automobile seized for yio-
iatlon of the revenue laws furnishes no
reason why the automobile should not
De forfeited to tho United States and
sold. "'00 ~"1
"A more serious question presents
Itself whether the provisions of the
customs law under which this auto
mobile was seized have been repealed
IN So far as they relate to Intoxicating
Liquors imported into the United
s7ea;e for beverage purposes by. the
known as the Volstead act. The statu-
tory provisions relied on by the gov
eminent are sections 929 and 1902 Of
the United States revised statutes
which provide that every vehicle car
rying merchandise which Is subject TO
duty or has been unlawfully imported
into the United States shall be subject
to seizure.
Protection Of Revenue
ut Is necessary to inquire whether
the payment Of any such entry was
required by law. The only object Of
such statutes was to protect the reve-
nue.. BY the Volstead act the i'm
portation of Intoxicating liquor for
beverage purposes was absolutely for
hidden.
at is clear that thereafter there
could be no such shipment on which
customs duty could be paid, or Of
which any customs entry could be
made. 1t follows that any statutes pro-
viding for such payment and entry
were thus repealed by necessary I'M
plication.
Regardless Of any other considera-
ton, as the laws referred to implicitly
recognize and assume the legality Of
any such importation when accom-
panied by compliance with the regula-
tons thereby prescribed, every such
statute, If attempted to be applied to
the importation Of beveraged intoxlcat-
ing liquor, is clearly unconstitutional
and void"
For these reasons the court ordered
tha libel diRmiased