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KLING v. UNITED STATES

No. 4345.

8 F.2d 730 (1925)

KLING et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 14, 1925.

Attorney(s) appearing for the Case

F. Henry Wurzer, of Detroit, Mich. (Wurzer & Wurzer, of Detroit, Mich., on the brief), for appellants.

Delos G. Smith, U. S. Atty., of Detroit, Mich.

Before DONAHUE and MOORMAN, Circuit Judges, and SESSIONS, District Judge.

DONAHUE, Circuit Judge (after stating the facts as above).

It is claimed on the part of the appellants that a court of equity has no power to deprive these defendants of the use of their property without a trial by jury, and that, if sections 21 and 22 of title 2 of the National Prohibition Act are so construed, they are unconstitutional. This court held in the case of Remus v. U. S. (C. C. A.) 291 F. 513, 517, that Congress, in exercise

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