Grosfield v. United States, 62

• Decision Date: 09 April 1928
• Docket Number: No. 62,62
• Citation: 59 A.L.R. 620,48 S.Ct. 329,276 U.S. 494,72 L.Ed. 670
• Parties: GROSFIELD et al. v. UNITED STATES
• Court: U.S. Supreme Court

276 U.S. 494

48 S.Ct. 329

72 L.Ed. 670

GROSFIELD et al.

v UNITED STATES.

No. 62.

Argued Jan. 4, 1928.

Decided April 9, 1928.

The Attorney General and Mr. W. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.

Messrs. Harold Goodman and Edwin Monning, both of Detroit, Mich., for defendants Grosfield and Caplis.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

This case came here from the court of appeals on certificate submitting certain questions upon which that court desired instruction. Upon an order requiring it, the entire record has been sent up for consideration. Judicial Code, § 239, as amended February 13, 1925, by chapter 229, 43 Stat. 936, 938 (28 USCA § 346).

Suit was brought by the United States on March 11, 1925, in the Federal district court for the Southern Division of the Eastern District of Michigan, against Grosfield and Caplis, owners, and Silverman, tenant, to enjoin the use of certain premises for the manufacture or sale of intoxicating liquor and to close such premises, as a common nuisance, for a period of one year. On March 30th, Grosfield and Caplis filed an answer, among other things denying that the premises were a common nuisance, and alleging that, as to whether intoxicating liquor was sold, kept, or bartered upon the premises, they had no knowledge nor information sufficient to form a belief; that the first information they received that the premises were used for illegal purposes was contained in a newspaper account of a raid (made January 17, 1925) containing the information that various appliances for the manufacture of intoxicating liquor had been found and seized; that Silverman, upon being spoken to, declared that there would be no violations of law upon the premises, that everything of an unlawful nature had been taken out, and a lease of the premises was being negotiated for the storage of paper; that thereafter, upon the receipt of a copy of the bill of complaint, steps were taken by defendants to terminate Silverman's tenancy; and that they will proceed to oust him from the premises. On July 10, 1925, after a hearing, the bill was dismissed as to Silverman and a decree entered against Grosfield and Caplis in accordance with the prayer. No effort appears to have been made by those defendants to secure an order from the District Court allowing them to give a bond so as to permit the continued occupation and use of the premises. The only question for our consideration is whether the evidence submitted to the District Court is sufficient to justify the decree.

By section 21, title 2, of the National Prohibition Act, c. 85, 41 Stat. 305, 314 (27 USCA § 33), any room, house, etc., where intoxicating liquor is manufactured, sold, kept, or bartered in violation of that title, is declared to be a common nuisance. By section 22 (27 USCA § 34), it is provided that an action to enjoin such nuisance may be brought in the name of the United States to be tried as an action in equity; that it shall not be necessary for the court to find that the property involved was being unlawfully used at the time of the hearing, but if the material allegations of the petition are found to be true the court shall order that no liquor shall be manufactured, sold, etc., in such room, house, etc.; that upon judgment abating the nuisance the court may order that the premises shall not be occupied or used for one year thereafter, but may in its discretion permit them to be occupied or used upon the giving of a bond with sufficient surety in the sum of not less than $500 nor more than $1,000 conditioned that intoxicating liquor shall not thereafter be manufactured, sold, etc.

Evidence was introduced by the government to the effect that on January 17, 1925, nearly two months before this suit was brought, police officers entered the premises involved (then in Silverman's possession) and there found and seized too 300-gallon copper stills in operation, two copper tanks and other applicances used for the...