Page:Federal Reporter, 1st Series, Volume 5.djvu/201

 UNITED STATES ». 32 . BAREELS OP DI8TILLED SPIRIT8. 189 �having thereon each mark and stamp required by lawi" eontrary to section 3289, U. S. Eev. St. Second. Some person then and there carrjing on the business of a distiller and whole- sale liquor dealer did "omit, neglect, and refuse to have gauged and inspected the said distilled spirits," said person having an interest therein as owner, etc., eontrary to section 3456, U. S. Eev. St. (old section 96.) �Section 3323, U. S. Eev. St., requires that when there has been a change of packages there must be a xe-inspeetion and gauging, and certain marks and brands placed thereon ; and section 3321 requires a restamping. If packages which have been properly stamped and marked are withdrawn from the warehwise and taken to the wholesale dealer's establishment, and hs desires to change them, or withdraw from one cask and pnt in a smallerT)ne, or anything of that character, he la required to bave a new and different stamp, in addition to that ■which had been previously put on, placed on such pack- ages by the officers of the govemment, and to have them remarked and branded. It is alleged in this case that these barrels had not the stamps and brands required by law, and therefore that they were forfeited. �If these spirits were originally properly gauged and stamped and marked, upon being withdrawn from the distillery and placed in these packages, and were passed over to the whole- sale liquor dealer's establishment — ^the claimant of this prop- erty being a distiller and also a wholesale liquor dealer — he had no right whatever to make any change in these packages by withdrawing from one package and placing in another, or by withdrawing from one package and adding to the quantity in another, or changing the quality of the proof of any pack- age. And if this case comes fairly within the provisions of the statute which required him to procure additional stamps from the coUector, he would be guilty of a violation of the statute. The only question of law which is presented to be determined by the court is this: Provided a package had been properly stamped under the provisions of the law, and marked with the true original proof and wine gallons,- — what- ever may be required to have been marked and stamped upoo ����