Campbell v. Galeno Chemical Co., 281 U.S. 599 (1930)

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Campbell v. Galeno Chemical Co.

Nos. 443 and 444

Argued April 25, 1930
Decided May 26, 1930
281 U.S. 599

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. A basic permit granted under § 4, Title II, of the Prohibition Act, to manufacture articles such as toilet, medicinal, and antiseptic preparations, containing intoxicating liquor but unfit for beverage purposes, is not within the provision of § 6 that "permits to manufacture, prescribe, sell or transport liquor . . . shall expire on the 31st day of December next succeeding the issuance thereof." P. 606.

2. Such a basic permit issued under § 4, to be in force until "revoked, suspended or renewed as provided by law or regulations," sufficiently complies with the provision of § 6 (assuming but not deciding it to be applicable) that every permit shall designate the time when the permitted acts may be performed. P. 608.

3. Such a basic permit issued under § 4 to remain in force "until revoked, suspended or renewed as provided by law or regulations" is not subject to be revoked by a subsequent regulation fixing a time limit for unexpired permits, but is revocable only for cause as provided in §§ 5 and 9, upon notice and hearing, with a right to judicial review. P. 609.

4. Regulations issued under a statute may not extend or modify its provisions. P. 610.

34 F.2d 642 affirmed.

Certiorari, 280 U.S. 548, to review decrees of the circuit court of appeals affirming decrees of injunction in two suits against a Prohibition Administrator, the Commissioner of Prohibition, and the Secretary of the Treasury to restrain the revocation of permits issued to the plaintiffs under § 4 of the Prohibition Act.