Louis Brandeis

“ The fifth is:
'Did the prosecution of the driver of the car under the National Prohibition Act constitute an election by the government to proceed under section 26 of that act and thereby prevent the forfeiture of the car under section 3450 of the Revised Statutes of the United States?'
The facts are these. Neadeau, the driver of the automobile seized by prohibition agents, had been charged with possession and transportation of intoxicating liquor in violation of the National Prohibition Act. He pleaded guilty to both charges and was sentenced to pay a fine. ”

“ It is argued, further, that the term 'act,' as used in section 5, means transaction, and that for this reason, independently of the doctrine of election, a conviction of the person under section 26 will bar the proceeding under section 3450, because, on the facts recited in the certificate, the proceeding to forfeit under section 3450 rests upon the same transaction for which Neadeau was sentenced. ”