The opinion of the court was delivered by: BYERS
On August 18, 1933, the power yacht Felicia was proceeding westerly in the easterly end of Long Island Sound or in the westerly end of Block Island Sound, on a course which would take her into New York; when about one and one-half miles N.N.E. of Little Gull Light, she was sighted by a vessel of the Coast Guard, which was under orders to intercept her. In response to a signal to heave to, the yacht stopped, and was boarded by an officer from the government vessel. Search disclosed some 1,820 cases of intoxicating liquor in burlap sacks, the bottles being labeled so as to indicate foreign origin.
The vessel was taken into custody with her cargo, and this forfeiture proceeding is the result.
The amended libel pleads the following causes:
First. Tariff Act of 1930 (46 Stat. 590, 748, 751) §§ 584, 594 (19 U.S.C. §§ 1584, 1594, 19 U.S.C.A. § 1594, and § 1584 and note).
Second. The same, § 592 (19 U.S.C. § 1592, 19 U.S.C.A. § 1592).
Third. The same, § 593 (b), 19 U.S.C. § 1593 (b), 19 U.S.C.A. § 1593 (b).
Fourth. U.S.R.S. §§ 4377 and 4214 (46 U.S.C. §§ 325 and 103, 46 U.S.C.A. §§ 103, 325).
No testimony was offered by the claimant Thompson, who was the yacht's captain, with the result that the evidence of the government stands uncontradicted.
It will be discussed only in connection with the contentions submitted on behalf of the claimant, who stood upon his motion to dismiss.
The first argument is that forfeiture for any of the four causes cited does not lie, because the government was compelled to seek such relief under section 26 of title 2 of the National Prohibition Act, 27 U.S.C.A. § 40, which was in force at the time of the seizure.
The fourth statutory cause pleaded is that the vessel was "employed in (any) other trade than that for which she is licensed * * *"; that is to say, in transporting 1,820 cases of assorted liquors for pay.
The first three causes are laid under the Tariff Act of 1930, and in their order involve the:
(a) Presence on board of a cargo of merchandise of foreign origin, which was brought from a foreign port into territorial waters of the United States, and not included in the manifest, and that no manifest was in existence although proper demand therefor was made. That there were no bills of lading or invoices for the said merchandise possessed or produced on like demand.
(b) Alleged attempt by the master and crew to introduce the said cargo into the commerce of the United States contrary to law and in defraud of the customs whereby the ...