United States v. Sischo
| Decision Date | 07 May 1923 |
| Docket Number | No. 76,76 |
| Citation | 43 S.Ct. 511,67 L.Ed. 925,262 U.S. 165 |
| Parties | UNITED STATES v. SISCHO. Re |
| Court | U.S. Supreme Court |
The Attorney General and Mr. Alfred A. Wheat, of New York City, for the United States.
Mr. John M. Woolsey, of New York City, for respondent.
This is a suit brought by the United States to recover a penalty of $6,400 from the defendant for bringing into this country one hundred five-tael tins of opium prepared for smoking purposes without including the same in the ship's manifest. The defendant was master of the vessel in which the opium was imported and was charged by the Collector of Customs with a liability for the above sum, that being the price paid by the defendant for the goods. By Rev. Sts. § 2809 (Comp. St. § 5506):
'If any merchandise is brought into the United States in any vessel whatever from any foreign ports * * * which shall not be included or described in the manifest * * * the master shall be liable to a penalty equal to the value of such merchandise not included in such manifest; and all such merchandise not included in the manifest belonging or consigned to the master, mate, officers, or crew of such vessel, shall be forfeited.'
The District Court, sitting without a jury, held that opium prepared for smoking purposes was not merchandise within the meaning of section 2809 and that being outlawed by the statutes it had no value; and gave judgment for the defendant. 262 Fed. 1001. The judgment was affirmed by the Circuit Court of Appeals, one Judge dissenting, on the former ground. 270 Fed. 958. A writ of certiorari was granted by this Court. 256 U. S. 688, 41 Sup. Ct. 624, 65 L. Ed. 1172. It was stated below that the defendant had been convicted of smuggling; but the record does not disclose the fact, if material, and nothing turns upon it. The points mentioned are the only ones to be discussed.
The collection of duties is not the only purpose of a manifest, as is shown by the requirement of one for outward bound cargoes and from vessels in the coasting trade bound for a port in another collection district, Rev. Sts. §§ 4197, 3116 (Comp. St. §§ 7789, 5828), and more clearly by the plain reason of the thing. A government wants to know, without being put to a search, what articles are brought into the country, and to make up its own mind not only what duties it will demand but whether it will allow the goods to enter at all. It would seem strange if it should except from the manifest demanded those things about which it has the greatest need to be informed—if in that one case it should take the chance of being able to find what it forbids to come in, without requiring the master to tell what he knows. It would seem doubly strange when at the same time it required any other person who had knowledge that the forbidden article was on the vessel to report the fact to the master. Act of January 17, 1914, c. 9, § 4, 38 Stat. 275, 276 (Comp. St. § 8801b). It is not an answer to say that if the master knows that he has contraband goods on board he is subject to a penalty for that and probably will lie. The law naturally, one would think, would put the screws on to make him tell the truth, and in that way diminish the chance of his carrying contraband and help him to show his innocence if he has made a mistake. Harford v. United States, 8 Cranch, 109, 3 L. Ed. 504. We are of opinion that this policy, which has been expressed in terms in later statutes (Act of May 26, 1922, c. 202, § 3, 42 Stat. 596, 598; Tariff Act of September 21, 1922, c. 356, §§ 401[c], 431, 584, 42 Stat. 858, 948, 950, 980), governs also in the statutes to be construed here. There is less contradiction between the requir ment of the manifest and the prohibition of the import than there is between such a prohibition and a tax. United States v. Remus, 260 U. S. 477, 43 Sup. Ct. 197, 67 L. Ed. ——, January 2, 1923.
The main foundation of the decision below is Rev. Sts. § 2766 (Comp. St. § 5462):
'The word 'merchandise' as used in this Title [the Title including section 2809 upon which this suit is based], may include goods, wares and chattels of every description capable of being imported.'
It is argued that this is a definition; that 'capable of being imported' must be taken to mean capable of being imported lawfully as otherwise the phrase hardly would do more than exclude chattels real, and would want the poignant significance attributed to every word of legislation; and that therefore the merchandise to be included in the manifest does not embrace opium for smoking which the law has done all it can to exclude. Act of January 17, 1914, c. 9, 38 Stat. 275. Yet this...
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