COLLATERAL INV. CO. v. UNITED STATES

COLLATERAL INV. CO. v. UNITED STATES. (Circuit Court of Appeals, Ninth Circuit. February 7, 1927.) No. 4643. Intoxicating liquors <@=247 — Automobile In which liquor was illegally transported is subject to forfeiture, driver not having been prosecuted (Comp. St. § 6352). Driver of automobile not having been prosecuted for illegal transportation of liquor, the machine is subject to forfeiture, under Rev. St. § 3450 (Comp. St. § 6352). In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Libel by the United States for forfeiture of an automobile. Judgment of forfeiture, and the Collateral Investment Company, intervener, brings error. Affirmed. Hamblen & Gilbert, of Spokane, Wash., for plaintiff in error. H. E. Ray, U. S. Atty., and Wm. H. Langroise, Asst. U. S. Atty., both of Boise, Idaho. Before GILBERT and RUDKIN, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. No claim is made in this case that the driver of the truck was prosecuú ed with effect, or at all, under the National Prohibition Act (Comp. St. § 10138% et seq.) for the transportation of intoxicating liquor in violation of law, and the automobile was therefore subject to forfeiture under section 3450 of the Revised Statutes (Comp. St. § 6352). United States v. One Ford Coupé Automobile, 47 S. Ct. 154, 71 L. Ed. -; Port Gardner Investment Co. v. United States (decided by the Supreme Court November 23, 1926) 47 S. Ct. 165, 71 L. Ed. Judgment affirmed.