A vessel seized in territorial waters while carrying an
unmanifested cargo of intoxicating liquor may be libeled under the
Tariff Act of 1922, §§ 584 and 594, (19 U.S.C.
§§ 486, 498) to enforce the money penalties thereby
imposed upon the matter and charged upon the vessel for his
misconduct in not producing a manifest and in carrying cargo not
described in a manifest. Section 26 of the National Prohibition Act
does not prevent.
General Motors Acceptance Corp. v. United
States, ante, p.
286 U. S. 49;
United States v. The Ruth Mildred, ante, p.
286 U. S. 67. P.
286 U. S. 73.
56 F.2d 590 affirmed.
Certiorari, 285 U.S. 534, to review the reversal of a decree, 47
F.2d 336, dismissing a libel to enforce liens on a vessel.
Page 286 U. S. 72
MR. JUSTICE CARDOZO delivered the opinion of the Court.
The steamship
Sebastopol was seized by Coast Guard
officers in the harbor of New York while carrying an unmanifested
cargo of intoxicating liquors. The master of the vessel did not
produce a manifest for the cargo when a manifest was demanded by
the boarding officer. Thereafter a libel of information was filed
by the government under §§ 584 and 594 of the Tariff Act
of 1922 (Act of Sept. 21, 1922, c. 356, 42 Stat. 858, 980, 982, 19
U.S.C. §§ 486, 498) for the enforcement of two liens, one
of $500 for failing to produce a manifest and another for an amount
equal to the value of the cargo for having on board merchandise not
described in the manifest.
The district court dismissed the libel on the ground that §
26 of the National Prohibition Act had established a system of
forfeiture exclusive of any other. 47 F.2d 336. The circuit court
of appeals advanced the view
Page 286 U. S. 73
that the suit was not strictly one for the forfeiture of the
vessel, but one for the enforcement of money penalties charged upon
the vessel by reason of the misconduct of the master. 56 F.2d 590.
On this ground, it distinguished its own decision in the case of
the
Ruth Mildred, announced at the same time, and gave
judgment for the government.
For that reason, as well as for the broader reasons stated in
General Motors Acceptance Corporation v. United States,
ante, p.
286 U. S. 49, and
United States v. The Ruth Mildred, ante, p.
286 U. S. 67, the
decree will be affirmed.
Affirmed.
