Interstate Securities Co. v. United States, 3145.
| Decision Date | 25 September 1945 |
| Docket Number | No. 3145.,3145. |
| Citation | 151 F.2d 224 |
| Parties | INTERSTATE SECURITIES CO. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
C. A. Warren, of Tulsa, Okl. (Hugh Ownby, of Tulsa, Okl., on the brief), for appellant.
Whit Y. Mauzy, U. S. Atty., of Tulsa, Okl. (Wm. Knight Powers, Asst. U. S. Atty., of Tulsa, Okl., on the brief), for appellee.
Before PHILLIPS and MURRAH, Circuit Judges, and RICE, District Judge.
The United States brought this action under 27 U.S.C.A. § 224, for the forfeiture of a 1942 Ford automobile owned by James R. Leach and upon which the claimant, Interstate Securities Company, held a chattel mortgage. Leach defaulted, but the claimant sought remission of the forfeiture under 18 U.S.C.A. § 646.1 The trial court found that Leach had used the automobile involved to transport intoxicating liquor from the State of Missouri into the State of Oklahoma; that Leach had a reputation with members of the Tulsa Police Department for dealing in intoxicating liquors and the Alcohol Tax Unit at Tulsa, and denied remission or mitigation because claimant admittedly failed to make inquiry of the designated law enforcement officers concerning Leach's "record or reputation" for violation of State and Federal liquor laws, as required by 18 U.S.C.A. § 646. On appeal claimant challenges the sufficiency of the evidence to support the trial court's finding to the effect that the automobile involved was used to transport intoxicating liquor into Oklahoma, and in the alternative contends that Leach had no "liquor record or reputation" within the context and meaning of the statute.
Leach was arrested on September 6, 1944, at the rear door of the Reeder Hotel in Tulsa, while engaged in unloading fifteen cases of whiskey, bearing Missouri revenue stamps, from the automobile involved here. In the automobile was found a 1944 Missouri automobile license plate. Leach pleaded guilty to a charge of illegal transportation, and in this proceedings the trial court took judicial knowledge of that plea in determining the related issue whether this automobile was used for such illegal transportation. Certainly the admission of the transporter is competent evidence of the illegal transportation. From this and other unexplained evidence and circumstances, the trial court was warranted in concluding that the automobile in question was used to unlawfully transport intoxicating liquor from the State of Missouri into the State of Oklahoma.
It was stipulated by the parties that the claimant held a valid chattel mortgage upon the automobile involved, and that James R. Leach, the mortgagor, did not have a "record" with any law enforcement agencies for violations of the liquor laws. However, the uncontroverted evidence shows that if the claimant had made inquiry at the Tulsa Police Department or the Alcohol Tax Unit at Tulsa, it would have been informed that Leach had a "reputation" with these officers for violating the liquor laws of the United States.
18 U.S.C.A. § 646 imposed upon the claimant the duty to make inquiry from designated law enforcement officers concerning Leach's "record or reputation" for violating the liquor laws, and the duty to make such inquiry is relieved only by the absence of a "record or reputation" with any of the designated officers or agencies in the event inquiry is not made. United States v. One 1939 Model De Soto Coupe, 10 Cir., 119 F.2d 516; United States v. McArthur, 5 Cir., 117 F.2d 343; Universal Credit Co. v. United States, 4 Cir., 111 F. 2d 764; United States v. One Hudson Coupe, 4 Cir., 110 F.2d 300; United States v. One 1938 Model Chevrolet Coach, 5 Cir., 106 F.2d 985. This rule was prompted by a purpose to provide a rule of thumb for the guidance of prospective purchasers of commercial paper on automobiles, and to afford a measure of protection against the uncertainties attendant upon the generality of reputation. Thus if, upon inquiry of any one of the designated officers, the prospective purchaser received an answer to the effect that the mortgagor had no "record or reputation" for violating...
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