United States v. Eleven Horses

• Decision Date: 02 June 1887
• Citation: 30 F. 916
• Parties: UNITED STATES v. ELEVEN HORSES.
• Court: United States Circuit Court, District of Indiana

30 F. 916

UNITED STATES v. ELEVEN HORSES.

United States Circuit Court, D. Indiana.

June 2, 1887

Emory P. Sellers, U.S. Dist. Atty., and Graham H. Harris, Asst Dist. Atty., for appellants.

Harrison Miller & Elam, for appellee.

GRESHAM J.

This is a proceeding to forfeit to the United States eleven stallions and one jack, for violation of the customs laws. The information is inexcusably long, but it charges, in substance, that Albert and Wesley Fansom, of Toronto, were engaged in importing animals into the United States from Canada and other foreign countries for sale; that they were not engaged in breeding or raising animals; that in February 1887, they caused Henry Quince and Scott Galloway, citizens of Indiana, to make and present to the collector of customs at Port Huron their affidavit, stating that they were the owners of the animals, and had imported them into the United States expressly for breeding purposes, when, in truth and in fact, the affiants did not own the animals, but they were the property of the Fansoms, who did not import them for breeding purposes, but for sale and profit; and that the Fansoms thus succeeded in having the animals entered at Port Huron free although they were subject to duty, thereby defrauding the United States of the revenue due thereon.

The Fansoms, as claimants, excepted to the information, on the ground that the facts charged did not amount to a violation of the customs laws, and did not, therefore, entitle the United States to a forfeiture of the property. The district court sustained the exceptions, and dismissed the libel, from which decree the United States appealed.

By Schedule G, subsec. 252, act of March 3, 1883, (22 St. at Large, 503,) the duty on live animals is 20 per cent. ad valorem; and by subsection 642 of the same act it is provided that 'animals specially imported for breeding purposes shall be admitted free, upon proof thereof satisfactory to the secretary of the treasury, and under such regulations as he may prescribe.' 22 St.at Large, 517.

Article 386 of the regulations promulgated by the secretary of the treasury on July 1, 1884, reads as follows:

'For the admission of the free entry of animals, when imported for breeding purposes, there shall be produced to the collector at the port of importation a certificate from the,united States consul at the port of shipment, (or a bond given in a sum equal to value,) showing that the animals are, to the best information and belief, especially intended for such purposes, and also a statement of the owner, under oath, that they were imported from abroad into the United States especially for breeding purposes.'

Section 12 of the act of June 22, 1874, (18...