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Hawaii, Virgin Islands, and other territory.

with liquor that may thereafter be manufactured and imported be sufficient to supply the current need thereafter for all nonbeverage uses: Provided, That no vinous liquor shall be imported into the United States unless it is made to appear to the commissioner that vinous liquor for such nonbeverage use produced in the United States is not sufficient to meet such nonbeverage needs: Provided further, That this provision against importation shall not apply to shipments en route to the United States at the time of the passage of this Act: And provided further, That the commissioner may authorize the return to the United States under such regulations and conditions as he may prescribe any distilled spirits of American production exported free of tax and reimported in original packages in which exported and consigned for redeposit in the distillery bonded warehouse from which originally removed. T. D. 3297; T. D. 3379.

SEC. 3. That this Act and the National Prohibition Act shall apply not only to the United States but to all territory subject to its jurisdiction, including the Territory of Hawaii and the Virgin Islands; and jurisdiction is conferred on the courts of the Territory of Hawaii and the Virgin Islands to enforce this Act Regulations au- and the National Prohibition Act in such Territory and Islands.

thorized.

Penalties.

Internal Rev

tinued in effect.

SEC. 4. That regulations may be made by the commissioner to carry into effect the provisions of this Act. Any person who violates any of the provisions of this Act shall be subject to the penalties provided for in the National Prohibition Act.

SEC. 5. That all laws in regard to the manufacture and taxaenue statutes con- tion of and traffic in intoxicating liquor, and all penalties for violations of such laws that were in force when the National Prohibition Act was enacted, shall be and continue in force, as to both beverage and nonbeverage liquor, except such provisions of such laws as are directly in conflict with any provision of the National Prohibition Act or of this Act; but if any act is a violation of any of such laws and also of the National Prohibition Act or of this Act, a conviction for such act or offense under one shall be a bar to prosecution therefor under the other. All taxes and tax penalties provided for in section 35 of Title II of the National Prohibition Act shall be assessed and collected in the same manner and by the same procedure as other taxes on the manufacture of or traffic in liquor. T. D. 3336.

Losses of distilled spirits.

280 Fed. 517, U. S. v. One Buick Roadster. 283 Fed. 305, U. S. v. Boasberg; 667, U. S. v. McKenzie; U. S. v. Stafoff, Jan. 2, 1923, unreported, U. S., T. D. 3424.

If distilled spirits upon which the internal-revenue tax has not been paid are lost by theft, accidental fire, or other casualty while in possession of a common carrier subject to the Transportation Act of 1920 or the Merchant Marine Act, 1920, or if lost by theft from a distillery or other bonded warehouse, and it shall be made to appear to the commissioner that such losses did not occur as the result of negligence, connivance, collusion, or fraud on the part of the owner or person legally accountable for such distilled spirits, no tax shall be assessed or collected upon the distilled spirits so lost, nor shall any tax penalty be imposed or collected by reason of Exemption from taxes and penal- such loss, but the exemption from the tax and penalty shall only be allowed to the extent that the claimant is not indemnified against or recompensed for such loss. This provision shall apply to any claim for taxes or tax penalties that may have accrued since the passage of the National Prohibition Act or that may accrue hereafter. Nothing in this section shall be construed as in any manner limiting or restricting the provisions of Title III of the National Prohibition Act.

ties.

Searches without warrant.

SEC. 6. That any officer, agent, or employee of the United States engaged in the enforcement of this Act, or the National Prohibition Act, or any other law of the United States, who shall search any private dwelling as defined in the National Prohibition Act, and occupied as such dwelling, without a warrant directing such search, or who while so engaged shall without a search warrant maliciously and without reasonable cause search any other building or

property, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequent offense not more than $1,000 or imprisoned not more than one year, or both such fine and imprisonment.

cers.

offi

272 Fed. 96, Koppitz v. U. S. 278 Fed. 231, U. S. v. Bateman. 279 Fed. 103, King v. U. S. 282 Fed. 723, Ex parte Huston. Whoever not being an officer, agent, or employee of the United Impersonating States shall falsely represent himself to be such officer, agent, or prohibition employee and in such assumed character shall arrest or detain any person, or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000, or imprisoned for not more than one year, or by both such fine and imprisonment.

ALASKA PROHIBITION LAW.

[Act of Feb. 14, 1917 (39 Stat. 903). An Act To prohibit the manufacture or sale of alcoholic liquors in the Territory of Alaska, and for other purposes.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the first day of January, anno Domini nineteen hundred and eighteen, it shall be unlawful for any person, house, association, firm, company, club, or corporation, his, its, or their agents, officers, clerks, or servants, to manufacture, sell, give, or otherwise dispose of any intoxicating liquor or alcohol of any kind in the Territory of Alaska, or to have in his or its possession or to transport any intoxicating liquor or alcohol in the Territory of Alaska unless the same was procured and is so possessed and transported as hereinafter provided.

Date effective.

Definition

of

Whenever the term "liquor," "intoxicating liquor," or "intoxicating liquors " is used in this Act it shall be deemed to include liquor. whisky, brandy, rum, gin, wine, ale, porter, beer, cordials, hard or fermented cider, alcoholic bitters, ethyl alcohol, and all malt liquors, including all alcoholic compounds classed by the United States Internal Revenue Bureau, as "Compound liquors": Provided, That this Act shall not apply to methyl or wood alcohol. That any person or persons, or any house, company, association, club, or corporation, his, its or their agents, officers, clerks, or servants, who shall, directly or indirectly, violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000 or shall be imprisoned for a period of not more than one year, or by both such fine and imprisonment.

SEC. 2. That before a pharmacist shall be authorized to transport pure alcohol for scientific, artistic, or mechanical purposes or for compounding or preparing medicines, as provided by this Act, he shall procure a permit for that purpose from the judge of the district court in the division where the applicant resides.

270 Fed. 735, Abbate v. U. S. 272 Fed. 96, Koppitz v. U. S. 282 Fed. 604, Millich v. U. S.

-SEC. 3. That to procure such permit a pharmacist shall make and file with the clerk of the said district court a statement in writing, under oath, stating that he desires to transport pure alcohol for scientific, artistic, or mechanical purposes or for compounding, preparing, or preserving medicines only, as provided by this Act, and giving his name, the location of his place of business, a statement that he is a licensed pharmacist, that he is regularly engaged in the practice of his profession at the location named, and that he will not violate the provisions of this Act. SEC. 4. That if the judge of the district court of any division in Alaska is satisfied of the good faith of the applicant he shall issue to such pharmacist a permit to transport pure alcohol for compounding, preparing, or preserving medicines or for scientific,

Penalty.

Permit.

Application.

permit.

artistic, or mechanical purposes. Such permit shall be substantially in the following form:

Description of "Permit to pharmacists to transport pure alcohol for compounding, preparing, and preserving medicines only for scientific, artistic, or mechanical purposes.

Record of permits.

Permit to be attached to package.

Record of carriers.

Shipments under false or fictitious name.

Sacramental

wines.

"District court,

66

division, Territory of Alaska, ss. a pharmacist, residing at

—, is hereby permitted to transport pure alcohol for compounding, preparing, and preserving medicines only or for scientific, artistic, or mechanical purposes. This permit can only be used for one shipment and will be void after six months from the date of issue. 'By order of the district court aforesaid. "Dated this

66

day of

nineteen hundred and

66

"Judge of the district court."

SEC. 5. That said permit mentioned in section four hereof shall be issued upon forms supplied by the clerk of the district court and shall contain the permit, a copy of the application for permit, and a copy of the provisions of section six of this Act, and shall be issued under the seal of the said court and shall be void for transportation purposes after six months from the date of issuance. The clerk of said district court shall keep in a separate book provided for that purpose a record of permits issued under this Act, wherein shall be entered the date and the number thereof, the person to whom issued, and the purpose for which issued.

SEC. 6. That said permit shall be attached to and remain affixed in a conspicuous place upon any package or parcel containing pure alcohol imported into or shipped in the Territory of Alaska, and when so affixed shall authorize any common carrier or any person operating a boat or vehicle for the transportation of goods, wares, or merchandise within the Territory of Alaska to transport, ship, or carry such pure alcohol. Any person so transporting such alcohol shall, before the delivery of such package or parcel, cancel said permit and so deface the same that it can not be used again. SEC. 7. That all express companies, railroad companies, public or private carriers are hereby required to keep a separate book in which shall be entered, immediately upon receipt thereof, the name of the person to whom pure alcohol is shipped, from what city or town and State the same was shipped, and the name of the shipper, the amount and kind received, the date when received, the date when delivered, and to whom delivered, after which record there shall be a blank space in which the consignee shall be required to sign his own name, in ink, before such pure alcohol is delivered to such consignee, which book shall be open to the inspection of the public at any time during business hours of the company and shall not be removed from the place where the same is required to be kept. A copy of entries upon any such record herein provided to be kept, when certified to by the agent of any express or railroad company or any public or private carrier in charge of the same, shall constitute prima facie evidence of the facts therein stated in any court of the Territory.

It shall be unlawful for any person, house, association, firm, company, club, or corporation, his, its, or their agents, officers, clerks, or servants, to ship alcohol or intoxicating liquor to a false or fictitious name or person, or any person to receive or receipt for alcohol or intoxicating liquor in a false or fictitious name.

SEC. 8. That any common carrier or any person operating a boat or vehicle for the transportation of goods, wares, or merchandise may accept for transportation and may transport to any place within the Territory of Alaska shipments of wine for sacramental purposes when there is attached to such shipment a certificate in substantially the following form:

"I (or we) certify that this package contains only (amount) of

(wine), which has been ordered by who represents himself to be a duly author

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SEC. 9. That whenever a shipment of wines for sacramental purposes shall have been transported for delivery within the Territory of Alaska the delivering agent of the transportation company must refuse to deliver the same unless it is accompanied by the certificate prescribed in section eight of this Act, and then only to the person to whom the same is addressed or upon his written order. The transportation company must keep a record of all shipments and deliveries of wines for sacramental purposes and must preserve for a period of one year after their receipt all certificates accompanying such shipments and all written orders upon which deliveries may be made. Such records must be open to the inspection of the public at any time during office hours.

Certificates required.

Permit to buy

SEC. 10. That any person who shall desire to purchase pure alcohol for scienalcohol for scientific, artistic, or mechanical purposes shall apply tiac purposes. to the district court aforesaid for a permit for that purpose. To procure such permit he shall make and file with the clerk of the district court a statement in writing, under oath, stating that he desires to purchase pure alcohol for scientific, artistic, or mechanical purposes as provided by this Act, and giving his name and residence and the place at which such pure alcohol is to be used. SEC. 11. That if the judge of said district court is satisfied of the good faith of the applicant, he shall issue to said applicant a permit to purchase a reasonable amount of pure alcohol for scientific, issued by judge artistic, or mechanical purposes. The original of said permit shall of district court. have attached thereto a duplicate copy, and each shall be numbered with the same number and be in substantially the following

form:

"District Court,

66

Division, Territory of Alaska, ss. residing at

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is hereby permitted to purchase pure alcohol in the amount of (here insert quantity), to be used for scientific, artistic, or mechanical purposes. This permit can only be used for one purchase, and the copy thereof attached hereto shall be conspicuously pasted upon the package containing said alcohol, and this permit to purchase shall be void after ninety days from the date hereof. "By order of the district court aforesaid.

"Dated this

day of

nineteen hundred and

66

"Judge of the District Court."

Form of permit

Permit to be

SEC. 12. That the permit mentioned in section eleven shall au- pasted on recepthorize the applicant to purchase and any pharmacist to sell and tacle. deliver to him the quantity named in the said permit. The permit shall be canceled, kept, and retained on file for at least one year by the pharmacist so selling said pure alcohol, and the copy of said permit shall be, by the pharmacist, conspicuously pasted upon the receptacle containing said alcohol, and shall so remain upon said receptacle so long as the same shall contain alcohol. Said permit and copy shall only authorize one purchase and sale. It shall be unlawful for any pharmacist to sell pure alcohol without the permit herein specified, or for any person to keep or have In his possession any pure alcohol unless the receptacle containIng the same shall be distinctly labeled with the copy of the permit authorizing the purchase of the same.

Unlawful use.

SEC. 13. That it shall be unlawful for any person owning, leasIng, or occupying or in possession or control of any premises, building, vehicle, car, or boat to knowingly permit thereon or therein the manufacture, transportation, disposal, or the keepIng of intoxicating liquor with intent to manufacture, transport, or dispose of the same in violation of the provisions of this Act. SEC. 14. That it shall be unlawful for any person to import, ship, sell, transport, deliver, receive, or have in his possession ment. any intoxicating liquors, except as in this Act provided.

Unlawful ship

Drinking in public places.

Clubs and locker system.

Unlawful giving away.

warrants.

SEC. 15. That any person who shall in or upon any passenger coach, street car, boat, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room drink any intoxicating liquor of any kind, or any person who shall be drunk or intoxicated in any public or private road or street, or in any passenger coach, street car, or any public place or building, or at any public gathering, or any person who shall be drunk or intoxicated and shall disturb the peace of any person, shall be guilty of a misdemeanor.

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SEC. 16. That every person who shall directly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist, or abet in keeping or maintaining any clubhouse, or other place in which alcoholic liquor is received or kept for the purpose of use, gift, barter, or sale, or for distribution or division among the members of any club or association by any means whatsoever, or who shall maintain what is commonly known as the "locker system' or other device for evading the provisions of this Act, and every person who shall use, barter, sell, give away, or assist or abet in bartering, selling, or giving away any liquors so received or kept, shall be deemed guilty of a misdemeanor and upon conviction thereof be subject to the penalties prescribed in section one of this Act; and in all cases the members, shareholders, associates, or employees in any club or association mentioned in this section shall be competent witnesses to prove any violations of the provisions of this section of this Act, or of any fact tending thereto; and no person shall be excused from testifying as to any offense committed by another against any of the provisions of this Act by reason of his testimony tending to criminate himself, but the testimony given by such person shall in no case be used against him.

The keeping or giving away of alcoholic liquors, or any schemes or devices whatever, to evade the provisions of this Act shall be deemed unlawful within the provisions of this Act.

Procurement of SEC. 17. That if one or more persons who are competent witnesses shall charge, on oath or affirmation, before the district attorney or any of his deputies duly authorized to act for him, presenting that any person, company, copartnership, association, club, or corporation has or have violated or is violating the provisions of this Act by manufacturing, storing, or depositing, offering for sale, keeping for sale or use, trafficking in, bartering, exchanging for goods, giving away, or otherwise furnishing alcoholic liquor, shall request said district attorney or any of his assistants duly authorized to act for him to cause to be issued a warrant, said attorney or any of his assistants shall cause to be issued such warrant, in which warrant the room, house, building, or other place in which the violation is alleged to have occurred or is occurring shall be specifically described; and said warrant shall be placed in the hands of the marshal, his deputy, or any town marshal or policeman in any town in which the room, house, building, or other place above referred to is located, commanding him to at once thoroughly search said described room, house, building, or other place, and the appurtenances thereof; and if any such be found, to take into his possession and safely keep, to be produced as evidence when required, all alcoholic liquors and all the means of dispensing the same, also all the paraphernalia or part of the paraphernalia of a barroom or other alcoholic liquor establishment, and any United States internalrevenue tax receipt or certificate for the manufacture or sale of alcoholic liquor, effective for the period of time covering the alleged offense, and forthwith report all the facts to the district attorney or his deputy, and such alcoholic liquor or the means for dispensing same, or the paraphernalia of a barroom or other alcoholic liquor establishment, or any United States internalrevenue tax receipt or certificate for the sale of alcoholic liquor, effective as aforesaid, shall be prima facie evidence of the violation of the provisions of this Act.

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