Campbell v. W. H. Long & Co., Inc.
281 U.S. 610 (1930)

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U.S. Supreme Court

Campbell v. W. H. Long & Co., Inc., 281 U.S. 610 (1930)

Campbell v. W. H. Long & Co., Inc.

Nos. 445, 510 and 511

Argued April 25, 1930

Decided May 26, 1930

281 U.S. 610

Syllabus

1. A permit to manufacture denatured alcohol under the Prohibition Act (§ 4, Title II, § 10, Title III) is not a permit to manufacture

Page 281 U. S. 611

"liquor," within the meaning of §§ 1 and 6, Title II, the latter of which provides that permits to manufacture "liquor" may be issued for only one year. P. 281 U. S. 615.

2. A provision in a permit that it shall be in force until surrendered by the holder or cancelled by the Commissioner of Internal Revenue for violation of the National Prohibition Act or regulations made pursuant thereto complies with the requirement of § B, Title II of the Act, that every permit "shall designate and limit the time when" the authorized acts may be performed. Id.

3. A permit to operate a denaturing plant, which permit provides that it shall be in force until surrendered by the holder or cancelled by the Commissioner of Internal Revenue for violation of the National Prohibition Act or regulations made pursuant thereto, may not be terminated by a general regulation providing that all such permits shall expire on a date named. Id.

4. A permit to use specially denatured alcohol in the manufacture of toilet preparations, which provides that it shall be in effect until surrendered by the holder or cancelled by the Commissioner of Internal Revenue for violation of the provisions of Title II of the National Prohibition Act or the regulations made pursuant thereto, may not be terminated by a general regulation providing that all such permits shall expire on a date named. P. 281 U. S. 617.

34 F.2d 645 affirmed. Certified questions answered.

These cases are like those dealt with in the opinion on p. 281 U. S. 599, ante. The first of them came here by certiorari to review a decree affirming an injunction. In the other two, decrees of the district court granting injunctions, 30 F.2d 400, were appealed to the circuit court of appeals, which sent up questions by certificate.

Page 281 U. S. 612

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