Montana labor news., 1935-06-20

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In the District Court of the United States
in and for the District Of Montana, Butte
Division. NOTICE OF SElZURE|UNIIED
STATES OF AMERICA, Libelant, y. One
Dodge Sedan Automobile, Engine Number
DR36626, together with its tools, parts, &C
cessories and appurtenances, (Seized from
Ben Fortunately. Libeless. NOTICE IS
HEREBY GIVEN that a libel of information
has been filed by lieblant in the aboye-en.
titled court and cause; That by order OF
court there has been seized on land at
Butte. within the State and District Of Mon
tana, the following described property, to-
wit: One Dodge Sedan Automobile. In
CINE Number DR36626, together with its
tools, parts, accessories and appurtenances,
(Seized from Ben Fortunately. That libelant
prays in said libel Of information that said
property be condemned and forfeited to the
United States upon the following ground;
That prior to the seizure of said motor
vehicle as aforesaid, one Ben Fortunate, or
a person or persons to this informant un,
known, had wrongfully, unlawfully and
feloniously, and with the intent to defraud
the United States Of America of the tax i'm
posed thereon by Section 900 of the Reve-
nue. Act of 1918 as amended by Section z
of the Liquor Tax Act of 1884, deposited
and concealed within and removed by means
Of the above described motor vehicle and
automobile a certain quantity of distilled
spirits, to-wit: alcohol, the exact quantity
and character thereof being to this inform
ant unknown, which said alcohol was goods
and commodities for and in respect whereof
a tax was then and there due and unpaid;
and said alcohol and the container there
for lid not bear any marks, brands or
stamps as required by Sections 1897 and
3295 of the Revised Statutes of the United
States (Sections 367 and 374, Title 70,
u. S. c. and by the regulations issued by
the Commissioner of Internal Revenue under
the authority of Section ID, Title ii Of the
National Prohibition Act (Section rs of
Title II U. $. C.)i contrary to the form,
force and effect of the statute IN such
case made and provided, and against the
peace and dignity of the United States of
of the above described motor vehicle as
aforesaid, and at the time and place thereof,
there was then and there possessed, de-
posited and concealed on, In and about said
motor vehicle and automobile, a quantity OF
distilled spirits, to-wit: alcohol, the exact
quantity and character thereof being to this
Informant unknown, which said alcohol had
| been heretofore smuggled and clandestinely
imported into the United States Of America
from a foreign country to this informant
unknown, by a party or parties to this in
formant unknown; that at the time and
place of said seizure one Ben FORTUNATE, by
means of said motor vehicle and automobile,
and then and there well knowing that said
alcohol had been imported as aforesaid con-
| trary to law, was then and there transport
ing, concealing. and facilitating the trans
portation and the concealment of said alco-
hol with the intent to defraud the revenues
of the United States of America without
payment of the tax imposed by Section 900
of the Revenue Act OF 1918 as amended by
Section 900 of the Revenue Act of 1926 and
Section 2 Of the Liquor Taxing Act of 1884;
and at the time and place aforesaid said al
cohol was subject to the paymen of duty
under the tariff laws of the United States,
which ought to have been, but was not, in
voiced or declared and upon which no duty
and taxes had been paid; contrary to the
form, force and effect of the statute in such
case made and provided, and against the
peace and dignity of the United States of
America. NOTICE is FURTHER GIVEN
that by order of court all libeless herein
named and all persons concerned in interest
or having or claiming any interest in said
motor vehicle seized or having anything to
saw why the same should not be condemned
and forfeited, appear and file their respec-
tive answers, claims, and defenses to such
| Information, setting forth their interests in
or claim to said property libeled, with the
clerk of the above-named court at Butte,
Montana, on or before the goth day of
luly. 1885. the same being the time and
place fixed for the return date hereon.
beted this 10th day of June, 1885. SID A,
WILLIS, United States Marshal, District of
Montana. BY D. A. BATCHOFF. Deputy.
| First Publication June II. l935.-2T.