| SooperKanoon Citation | sooperkanoon.com/95617 |
| Court | US Supreme Court |
| Decided On | May-02-1932 |
| Case Number | 286 U.S. 67 |
| Appellant | United States |
| Respondent | The Ruth Mildred |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]united states v. the ruth mildred - 286 u.s. 67 (1932) u.s. supreme court united states v. the ruth mildred, 286 u.s. 67 (1932) united states v. the ruth mildred no. 795 argued april 15, 1932 decided may 2, 1932 286 u.s. 67 certiorari to the circuit court of appeals for the second circuit syllabus 1. revised statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. p. 286 u. s. 68 . 2. forfeiture under rev.stats., § 4377, is strictly in rem and (unlike forfeiture under § 26 of the national prohibition act) is.....Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
United States v. The Ruth Mildred
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
No. 795
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Argued April 15, 1932
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Decided May 2, 1932
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
286 U.S. 67
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
FOR THE SECOND CIRCUIT
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. 286 U. S. 68 .
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. Forfeiture under Rev.Stats., § 4377, is strictly in rem and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. 286 U. S. 69 .
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
56 F.2d 590 reversed.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
by the United States to forfeit a vessel for breach of the navigation laws. Cf. the last two preceding cases.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. JUSTICE CARDOZO delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The schooner Ruth Mildred was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Our decision in General Motors Acceptance Corporation v. United States, ante, p. 286 U. S. 49 , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more
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The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in United States v. American Motor Boat K-1231, 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325):
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
"Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited."
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 21include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The Ruth Mildred was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly in rem, and is not dependent upon a preliminary adjudication of personal guilt. United States v. Stowell, 133 U. S. 1 , 133 U. S. 16 -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 22include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#68"> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a href="/case/95617/united-states-vs-ruth-mildred#69"> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a class="page-number" id="68"> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a href="/case/95615/general-motors-acceptance-corp-vs-united-states"> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a class="page-number" id="69"> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a href="/case/86579/united-states-vs-stowell"> 133 U. S. 1 </a> </span> , <span> <a href="/case/86579/united-states-vs-stowell#16"> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ), 'casename_url' => 'united-states-vs-ruth-mildred', 'args' => array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) ) $title_for_layout = 'United States Vs the Ruth Mildred - Citation 95617 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '95617', 'acts' => null, 'appealno' => '286 U.S. 67', 'appellant' => 'United States', 'authreffered' => null, 'casename' => 'United States Vs. the Ruth Mildred', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1932-05-02', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> </p> <p> <b> No. 795 </b> </p> <p> <b> Argued April 15, 1932 </b> </p> <p> <b> Decided May 2, 1932 </b> </p> <p> <b> 286 U.S. 67 </b> </p> <p> <b> </b> </p> <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> </p> <p> <em> FOR THE SECOND CIRCUIT </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . </p> <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . </p> <p> 56 F.2d 590 reversed. </p> <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought </p> <p> <a> Page 286 U. S. 68 </a> </p> <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. </p> <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. </p> <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. </p> <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more </p> <p> <a> Page 286 U. S. 69 </a> </p> <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): </p> <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." </p> <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. </p> <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'The Ruth Mildred', 'sub' => null, 'link' => '/cases/federal/us/286/67/', 'circuit' => null ) ) $casename_url = 'united-states-vs-ruth-mildred' $args = array( (int) 0 => '95617', (int) 1 => 'united-states-vs-ruth-mildred' ) $url = 'https://sooperkanoon.com/case/amp/95617/united-states-vs-ruth-mildred' $ctype = '' $date = array( (int) 0 => 'May', (int) 1 => '02', (int) 2 => '1932' ) $content = array( (int) 0 => '<html><head></head><body><div> United States v. The Ruth Mildred - 286 U.S. 67 (1932) <br/> <span> U.S. Supreme Court United States v. The Ruth Mildred, 286 U.S. 67 (1932) </span> <p> <b> United States v. The Ruth Mildred </b> ', (int) 1 => ' <p> <b> No. 795 </b> ', (int) 2 => ' <p> <b> Argued April 15, 1932 </b> ', (int) 3 => ' <p> <b> Decided May 2, 1932 </b> ', (int) 4 => ' <p> <b> 286 U.S. 67 </b> ', (int) 5 => ' <p> <b> </b> ', (int) 6 => ' <p> <em> CERTIORARI TO THE CIRCUIT COURT OF APPEALS </em> ', (int) 7 => ' <p> <em> FOR THE SECOND CIRCUIT </em> ', (int) 8 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 9 => ' <p> 1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. <span> <a> 286 U. S. 68 </a> </span> . ', (int) 10 => ' <p> 2. Forfeiture under Rev.Stats., § 4377, is strictly <em> in rem </em> and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. <span> <a> 286 U. S. 69 </a> </span> . ', (int) 11 => ' <p> 56 F.2d 590 reversed. ', (int) 12 => ' <p> Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought ', (int) 13 => ' <p> <a> Page 286 U. S. 68 </a> ', (int) 14 => ' <p> by the United States to forfeit a vessel for breach of the navigation laws. <em> Cf. </em> the last two preceding cases. ', (int) 15 => ' <p> MR. JUSTICE CARDOZO delivered the opinion of the Court. ', (int) 16 => ' <p> The schooner <em> Ruth Mildred </em> was licensed to engage in the cod and mackerel fisheries. On March 1, 1928, she was observed by the Coast Guard in Long Island Sound headed for New York. She was trailed by a patrol boat till she docked in the East River. The master admitted to the customs officers that his vessel was carrying intoxicating liquors, and, upon the search that followed, a stock of liquors was discovered. A libel of information was thereafter filed against the vessel praying a decree of forfeiture for breach of the navigation laws (R.S. § 4377, U.S.Code, title 46, § 325) in carrying on a business not permitted by the license. The master intervened in the suit, and pleaded that the remedy under § 26 of the National Prohibition Act was exclusive of any other. The District Court, upholding that defense, dismissed the libel, 47 F.2d 336, and the Circuit Court of Appeals affirmed. 56 F.2d 590. The case is here on a writ of certiorari granted on the petition of the Government. ', (int) 17 => ' <p> Our decision in <em> General Motors Acceptance Corporation v. United States, ante, </em> p. <span> <a> 286 U. S. 49 </a> </span> , would require a reversal of this judgment if the vessel had been seized for unlawful importation in violation of the tariff act. Even more ', (int) 18 => ' <p> <a> Page 286 U. S. 69 </a> ', (int) 19 => ' <p> plainly, that result must follow where the basis of the seizure is a breach of the navigation acts growing out of a departure by the vessel from the conditions of her license. Contrast with the decision below the decision of the same court in <em> United States v. American Motor Boat K-1231, </em> 54 F.2d 502. By § 4377 of the Revised Statutes (U.S.Code, Title 46, § 325): ', (int) 20 => ' <p> "Whenever any licensed vessel . . . is employed in any other trade than that for which she is licensed, . . . such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited." ', (int) 21 => ' <p> The <em> Ruth Mildred </em> was licensed for the fishing trade, and not for any other. She would have been subject to forfeiture if her cargo had been wheat or silk or sugar. In a suit under this statute, her guilt was not affected, was neither enlarged nor diminished, by the fact that the cargo happened to be one of intoxicating liquors. The government made out a case of forfeiture when there was proof that the cargo was something other than fish. Forfeiture under § 26 of the National Prohibition Act is one of the consequences of a successful criminal prosecution of a personal offender, and is ancillary thereto. Forfeiture under the Revised Statutes, § 4377, for breach of the navigation laws, is strictly <em> in rem, </em> and is not dependent upon a preliminary adjudication of personal guilt. <em> United States v. Stowell, </em> <span> <a> 133 U. S. 1 </a> </span> , <span> <a> 133 U. S. 16 </a> </span> -17. In brief, the basis of the charge of guilt directed against this vessel is not a breach of the National Prohibition Act nor any movement of transportation, lawful or unlawful. It is the act of engaging in a business other than the fishing trade in contravention of a license. ', (int) 22 => ' <p> The decree should be reversed, and the cause remanded for further proceedings in conformity with this opinion. ', (int) 23 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 24 $i = (int) 23include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109