United States v. Smith

Supreme Court

United States v. Smith

75 U.S. 587, 19 L. Ed. 506, 8 Wall. 587, 1868 U.S. LEXIS 1133

CourtSupreme Court of the United States

DecidedJanuary 24, 1870

StatusPublished

Cited by2 cases

This text of 75 U.S. 587 (United States v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Smith, 75 U.S. 587, 19 L. Ed. 506, 8 Wall. 587, 1868 U.S. LEXIS 1133 (1870).

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Opinion

Mr. Justice GRIER

delivered the opinion of the court.

The act of July 1st, 1862, has been inserted in the bond ex majori cautela; for it is admitted that the act of June 30th, 1864, entitled “An act to provide internal revenue, to'support the government, to pay the interest on the public debt, and for other purposes,” is the only act applicable to this case." The act of 1862 was repealed by it.

As might be expected in an act embracing the almost innumerable subjects of taxation contained in this one, and covering more than seventy pages of the statute-book, provisions may probably be found in one part of it difficult to be reconciled with some contained' in other parts. Yet, when carefully examined, we find no difficulty in answering the question proposed.

The seventy-first section, of the act is the one which prescribes the conditions under which lieensés shall be given.

The seventy-third section subjects all persons who neglect it, to fine and imprisonment.

The seventy-fourth section fixes the limit to the license, beyond which time the parties to the bond are not bound to answer for any breach of the condition.

The provisions of the fifty-third and ninety-fourth sections of the act, which subject distillei’s of coal oil to the provisions of the act applicable to the "distillers of spirits, “ so far as the same may, in the judgment of the Commissioner of ' *590 Internal Revenue, be deemed necessary,” have no application to the point. The commissioner has exercised no judgement, and prescribed no regulations on the subject, so far as appears. The bond has no reference to such conditions as are required in distillery bonds, and cannot be affected'by them. “ ’Tis not so written in the bond.”

Ordered that it be.certified to tho judges of the Circuit Court, in answer to the question submitted, that the defendants are

Not liable.

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Mr. Justice GRIER

delivered the opinion of the court.

The act of July 1st, 1862, has been inserted in the bond ex majori cautela; for it is admitted that the act of June 30th, 1864, entitled “An act to provide internal revenue, to'support the government, to pay the interest on the public debt, and for other purposes,” is the only act applicable to this case." The act of 1862 was repealed by it.

As might be expected in an act embracing the almost innumerable subjects of taxation contained in this one, and covering more than seventy pages of the statute-book, provisions may probably be found in one part of it difficult to be reconciled with some contained' in other parts. Yet, when carefully examined, we find no difficulty in answering the question proposed.

The seventy-first section, of the act is the one which prescribes the conditions under which lieensés shall be given.

The seventy-third section subjects all persons who neglect it, to fine and imprisonment.

The seventy-fourth section fixes the limit to the license, beyond which time the parties to the bond are not bound to answer for any breach of the condition.

The provisions of the fifty-third and ninety-fourth sections of the act, which subject distillei’s of coal oil to the provisions of the act applicable to the "distillers of spirits, “ so far as the same may, in the judgment of the Commissioner of ' *590 Internal Revenue, be deemed necessary,” have no application to the point. The commissioner has exercised no judgement, and prescribed no regulations on the subject, so far as appears. The bond has no reference to such conditions as are required in distillery bonds, and cannot be affected'by them. “ ’Tis not so written in the bond.”

Ordered that it be.certified to tho judges of the Circuit Court, in answer to the question submitted, that the defendants are

Not liable.

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Bluebook (online)

75 U.S. 587, 19 L. Ed. 506, 8 Wall. 587, 1868 U.S. LEXIS 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-smith-scotus-1870.

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