UNITED STATES
v.
SMITH
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In this case involving the Internal Revenue Act of 1864, the Supreme Court determined that defendants could not be held liable under a bond related to coal oil distillery operations because the Commissioner of Internal Revenue had not exercised his judgment to apply the distillery bond requirements to coal oil distillers as the statute permitted. The Court held that without such regulatory action by the Commissioner, the general distillery bond provisions did not apply to the coal oil distillery bond in question.
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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 The act of 1862 was repealed by it.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 ' 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.