James Clark McReynolds

“ The lower federal courts generally have accepted the doctrine that proof of the custody or control of a still for unlawful distillation of alcoholic spirits is enough to give rise to an inference of lack of registration and failure to give bond which the defendant must overcome by proof. ”

“ The general principle, and we think the correct one, underlying the foregoing decisioins, is that it is not incumbent on the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if untrue, could be readily disproved by the production of documents or other evidence probably within the defendant's possession or control. ”

“ Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall register the same. * * * Stills and distilling apparatus shall be registered immediately upon their being set up. ”