United States v. Twenty Boxes of Corn Liquor

Citations

• 123 F. 135
• 1902 U.S. Dist. LEXIS 9

Syllabus

<p>1. Revenue—Liquors—Shipment—Masking Package.</p> <p>Rev. St. § 3449 [U. S. Comp. St. 1901, p. 2277], provides that, when any one ships any liquors under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package, the same shall be forfeited, and he be subject to a fine, etc. The section was originally a proviso to section 29 of the act of July 13, 1866, 14 Stat. 156, c. 184, “to reduce internal revenue and to amend an act to provide internal revenue.” From section 21 (14 Stat. 153) the statute relates to distillers, brewers, manufacturers of wine, etc. Held, that the statute only applies to distillers, dealers in spirits, etc.</p> <p>2. Same—Information.</p> <p>An information under the statute which does not allege that the person who shipped the liquor was such a person as is forbidden by the statute to ship liquors under other than its true name is demurrable.</p> <p>8. Same—Marking—Caution to Carrier.</p> <p>The marking of a package of liquor, “Glass; this side up with care” —cannot be considered as a designation of the contents of the package, the same being merely a caution addressed to the carrier.</p> <p>4. Same—Failure to Designate.</p> <p>The statute does not forbid a shipment without any designation whatever.</p>