J. W. Goldsmith, Jr.-Grant Co. v. United States, 254 U.S. 505 (1921)

J. W. Goldsmith, Jr.-Grant Company v. United States


No. 214


Argued December 8, 1920
Decided January 17, 1921
254 U.S. 505

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF GEORGIA

Syllabus

1. Under § 3450, Rev.Stats., which declares, inter alia, that every carriage, or other conveyance whatsoever, used in the removal or for the deposit and concealment of goods removed, deposited or concealed with intent to defraud the United States of any tax thereon shall be forfeited, an automobile, so used by a person who had it on credit from an owner who retained the title, is subject to libel and forfeiture, although the owner was without notice of the forbidden use. The statute treats the thing as the offender. P. 509.

2. So construed and applied, the statute does not deprive the owner of property in violation of the Fifth Amendment. Id.

3. Section 3450, in this respect, is not modified or affected by §§ 3460 and 3461. P. 512.

Affirmed.

The case is stated in the opinion.