Danovitz v. United States, 281 U.S. 389 (1930)

Danovitz v. United States


No. 424


Argued April 23, 1930
Decided May 5, 1930
281 U.S. 389

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. Upon review of a judgment forfeiting contraband property under § 25, Title II of the Prohibition Act, the sufficiency and effect of the evidence are not open if the trial was to the judge without written waiver of a jury. P. 396.

2. The word "manufacture" may be used to express the whole process by which an article is made ready for sale on the open market. Id.

3. The purpose of the Prohibition Act was to suppress the entire traffic that it condemns, and it should be liberally construed to that end. P. 397.

4. Decisions under the revenue acts have little weight as against legislation under the 18th Amendment. Id.

5. Empty barrels and bottles, corks, labels and cartons offered for sale in such mode as purposely to attract purchasers who want them for the unlawful "manufacture" of intoxicating liquor for sale are designed for that manufacture within the meaning of § 25, Title II of the Prohibition Act, and are subject to seizure and forfeiture. Id.

34 F.2d 30, affirmed.

Certiorari, 280 U.S. 548, to review a decision of the circuit court of appeals affirming a decree of forfeiture under the Prohibition Act.