« AnteriorContinuar »
"Obligation or R. S. 5413 (Crim. Code, sec. 147).-The words " obligation or other security of other security of the United States" shall be held to mean all the United States" defined. bonds, certificates of indebtedness, national-bank currency, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. Forging or R. S. 5414 (Crim. Code, sec. 148).-Whoever, with intent to decounterfeiting ⚫ United States fraud, shall falsely make, forge, counterfeit, or alter any obligation or other security of the United States shall be fined not more than five thousand dollars and imprisoned not more than fifteen years.
Who are principals.
Felonies and misdemeanors,
Prohibition as to sales.
Definition of in
R. S. 5323 (Crim. Code, sec. 332).-Whoever directly commits and act constituting an offense defined in any law of the United States, aids, abets, counsels, commands, induces, or procures its commission, is a principal.
282 Fed. 256, Reynolds v. U. S.
(Crim. Code, sec. 335).—All offenses which may be punished by death, or imprisonment for a term exceeding one year, shall be deemed felonies. All other offenses shall be deemed misdemeanors.
DISTRICT OF COLUMBIA PROHIBITION LAW.
Act of Mar. 3, 1917, c. 165, sec. 2 (39 Stat. 1123). An Act to prevent the manufacture and sale of alcoholic liquors in the District of Columbia, 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 November, anno Domini nineteen hundred and seventeen, no person or persons, or any house, company, association, club, or corporation, his, its, or their agents, officers, clerks, or servants, directly or indirectly, shall, in the District of Columbia, manufacture for sale or gift, import for sale or gift, sell, offer for sale, keep for sale, traffic in, barter, export, ship out of the District of Columbia, or exchange for goods or merchandise, or solicit or receive orders for the purchase of, any alcoholic or other prohibited liquors for beverage purposes or for any other than scientific, medicinal, pharmaceutical, mechanical, sacramental, or other nonbeverage purposes.
Wherever the term "alcoholic liquors" is used in this Act it toxicating liq- shall be deemed to include whisky, brandy, rum, gin, wine, ale, porter, beer, cordials, hard or fermented cider, alcoholic bitters, ethyl alcohol, all malt liquors, and all other alcoholic liquors. 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 less than $300 nor more than $1,000, and shall be imprisoned in the District jail or workhouse for a period of not less than thirty days nor more than one year for each offense.
SEC. 2. That the provisions of this Act shall not be construed to prevent the manufacture, importation, exportation, or sale of denatured or of methyl alcohol, or of ethyl alcohol, for scientific, medicinal, pharmaceutical, or mechanical purposes, nor to prevent the sale of alcoholic or other prohibited liquors by druggists for medicinal purposes on prescriptions of physicians under the regu. lations set out in section three of this Act: Provided, That the manufacture and sale of ethyl alcohol or of alcoholic liquors for sacramental purposes within the District of Columbia shall be restricted to manufacturers and druggists licensed, respectively, to make and sell such alcohol and alcoholic or other prohibited liquors, as hereinafter provided, for scientific, mechanical, pharmaceutical, medicinal, or sacramental purposes only.
SEC. 2a. All railroad, steamboat, or other boat companies, express and transportation companies of any kind, which shall in keep records. any manner at any time transport intoxicating liquors into the District, are hereby required to keep a record, alphabetically arranged, in which shall be entered immediately upon receipt thereof the name of every person shipping or to whom intoxicating liquors are shipped, the amount and kind of liquor, the date of delivery, by whom and to whom delivered, and the affidavit of the person receiving the liquor as provided herein. After this record is made and before delivery it shall be signed by the consignee.. The book shall be open to the inspection of any person during the business hours of the company. Such books or a copy of such records, attested by an officer of the company or verified by affidavit, shall be admissible as evidence in any court and shall be prima facie evidence of the fact therein stated in any trial or proceeding for the enforcement of the provisions of this Act.
An employee or agent of any express company, railroad company, steamboat company, or transportation company charged with the duty of keeping such record who shall fail to keep such record shall be guilty of a misdemeanor.
Any railroad company, express company, steamboat company, or transportation company who shall not require some one of its employees to keep such record shall be fined not less than $25 nor more than $100 for every day or portion thereof during which such failure shall continue.
Affidavit of con
No railroad or other transportation company shall receive a package of liquor to be shipped or carried into the District with- signee. out having attached to it the affidavit of the consignee stating the amount of the liquors, the kinds of liquors ordered, and that it is not purchased for, nor will such liquors be used by the consignee for, an illegal purpose.
SEC. 3. That regularly licensed and registered druggists or pharmacists in the District of Columbia shall not sell alcoholic or other prohibited liquors nor compound nor mix any composition thereof, nor sell any malt extract or other proprietary medicines containing alcohol, except such compounds, compositions, malt extracts, or proprietary medicines be so medicated as to be medicinal preparations or compounds unfit for use as beverages, except upon a written and bona fide prescription of a duly licensed and regularly practicing physician in the District of Columbia, whose name shall be signed thereto. Such prescription shall contain a statement that the disease of the patient requires such a prescription, shall be numbered in the order of receiving, and shall be canceled by writing on it the word "canceled" and the date on which it was presented and filled, and kept on file in consecutive order, subject to public inspection at all times during business hours. No such prescription shall be filled more than once. Every druggist or pharmacist selling intoxicating liquors as herein provided shall keep a book provided for the purpose and shall enter therein at the time of every sale a true record of the date of the sale, the name of the purchaser, who shall sign his name in said book as a part of the entry, his residence (giving the street and house number, if there be such), the kind and quantity and price of such liquor, the purpose for which it was sold, and the name of Record. the physician giving the prescription therefor. Such book shall be open to public inspection during business hours, and shall be in form substantially as follows:
Druggists and Said book shall be produced before the Commissioners of the pharmacists. District of Columbia or the courts when required, and shall also contain a statement of the kind and amount of alcoholic and other prohibited liquors on hand when this Act shall go into effect, and thereafter such druggist or pharmacist shall, on the order of the court or the Commissioners of the District, make a statement of the amount of intoxicating liquor sold or used in any manner since the last statement and the amount on hand at the date when such court or commissioners required such statement: Provided, That ethyl alcohol may be sold without a physician's prescription for mechanical, medicinal, pharmaceutical, or scientific purposes by registered and licensed druggists or pharmacists, or by licensed manufacturers, each and all of whom shall keep a book for the purpose of registering such sales in a similar manner and form as required for the sale of other alcoholic and other prohibited liquors by the provisions of this section: Provided further, That any person who shall make any false statement as to the purpose or use of alcohol purchased under the provisions of this section shall be deemed guilty of a misdemeanor and be fined for each offense not less than $50 nor more than $300, and in default of the payment of such fine shall be imprisoned in the jail or workhouse of said District not more than six months.
Penalty on physicians.
Any druggist or pharmacist who shall sell or dispense any alcoholic or other prohibited liquors, except in such manner as provided in this section, or who shall fail or refuse to keep the record herein required, or who shall refill any prescription, or who shall violate any other provisions of this Act, shall be guilty of illegal selling, and upon conviction thereof shall be subject to the penalties prescribed in section one of this Act. Upon a second conviction for said offense, in addition to the penalties prescribed in said section one, it shall be a part of the judgment of conviction that the license of such druggist or pharmacist to practice pharmacy shall be revoked, and the court before which such person is tried and convicted shall cause a certified copy of such judgment of conviction to be certified to the board having authority to issue license to practice pharmacy in the District of Columbia.
Any physician who shall prescribe any alcoholic or other prohibited liquor except for treatment of disease, which, after his own personal diagnosis, he shall deem to require such treatment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $100 nor more than $500, and in default of payment of said fine shall be imprisoned in the District jail or workhouse for not less than thirty nor more than ninety days, and upon a second conviction for said offense, in addition to the penalty above provided, it shall be a part of the judgment of conviction that the license of such physician to practice medicine be revoked, and the court before which such physician is tried and convicted shall cause a certified copy of such judgment of conviction to be certified to the board having authority to issue licenses to practice medicine in the District of Columbia.
SEC. 4. That when any minister, pastor, or priest, of a religious wine-how pro- congregation or church desires wine for sacramental purposes in cured. the usual religious exercises of his denomination, he may apply to the Commissioners of the District of Columbia for a permit, stating the amount desired, for what period, and for what purpose, and said commissioners, if satisfied of the good faith of the application, shall grant a written permit to the applicant permitting the shipment to him, or the purchase by him, of such amount as is shown to be reasonably necessary, which amount shall be stated in the permit, together with the purpose for which it is to be used and the period to be covered by such use; the amount of wine permitted to be shipped or purchased under one permit shall not exceed five gallons, and the said permit shall be attached to the outside of the package by the shipper and remain so attached until delivered to the consignee when it shall be canceled by the carrier. Said permit shall be void after twenty days, and shall not be used for more than one shipment.
SEC. 5. Any person, company, or corporation desiring to manufacture alcoholic or other prohibited liquors for the purposes permitted in this Act shall on or before the first day of November of each year obtain a license from the Commisssioners of the District of Columbia for the year beginning November first upon the payment of $100, which money shall be deposited with other license funds of the District. Druggists, wholesale or retail, desiring to sell alcoholic or other prohibited liquors for the purposes permitted in this Act shall obtain a license in the same way for the same period, the fee for wholesale druggists being $25, for retail druggist $10. The Commissioners shall have power to refuse or revoke all licenses referred to in this section if doubtful of the good faith of the licensee and his intention to comply with this Act. Manufacturers licensed according to this section shall sell alcoholic and other prohibited liquors within the District of Columbia to druggists, hospitals, and scientific laboratories only, and only to such druggists as are licensed under the terms of this section. No others than druggists and manufacturers licensed according to this section may manufacture or sell alcoholic and other prohibited liquors in the District of Columbia, and these only for the purposes permitted by this Act. Violations of this section shall be punished by fine of not less than $300 nor more than $1,000, and by imprisonment in the District jail or workhouse for not less than thirty days nor more than one year: Provided, That nothing in this Act shall prevent any executive department or other establishment of the United States Government from purchasing or importing into the District of Columbia, free of tax and for its own uses, denatured, methyl, or ethyl alcohol for scientific, medicinal, pharmaceutical, or mechanical purposes.
SEC. 5a. That every licensed manufacturer of alcoholic liquor not herein prohibited shall keep a permanent record of all sales manufacturers. and shipments of alcoholic liquor. Such record shall set forth the following information: The name of the consignee or purchaser, the quantity of liquor, the express company or other carrier by which such liquor was shipped, the date of sale or shipment, and the purpose of the purchase as set forth in the affidavit accompanying the order. Each common or special carrier of alcoholic liquors within the District shall keep a record as above provided, and a certified copy of such record with a copy of the affidavits shall be filed with the District Commissioners not later than the fifth day of each month for the calendar month preceding. No shipment of alcoholic liquors shall be made until the purchaser signs an affidavit that such alcoholic liquors are not purchase. purchased for nor will such liquors be used or sold by the consignee for beverage purposes. The District Commissioners shall keep a public record of such sales, shipments, and affidavits, alphabetically arranged. Copies of the affidavit shall be attached permanently at the end of the record of each shipment or sale, and to each package containing liquor until delivered to the consignee. Any violation of this section shall be deemed a misdemeanor and be subject to the same penalties as provided in section one of this Act.
SEC. 6. That it shall be unlawful for any common or other carrier, express company, or any person to deliver to any person, company, corporation, club, or association, or order, his, or its agents, clerks or employees, any liquors in the District of Columbia knowing the same to be such, and in the case of shipments of liquors for purposes not prohibited it shall be unlawful to bring the same into the District of Columbia, or to deliver the same therein, in original packages or otherwise, on any Sunday or on any other day before six o'clock antemeridian and after five o'clock postmeridian. Any common or other carrier, express company, or any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 or more than $500, or be confined in the District jail or workhouse not less than one nor more than six months, or by both fine and imprisonment in the discretion of the court.
Clubs and locker systems.
SEC. 7. 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 club house, or other place in which any alcoholic liquor is received or kept for the purpose of 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, or assist or abet in bartering, selling 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.
SEC. 8. The keeping or giving away of alcoholic or other proing or giving hibited liquors for the purpose of evading the provision of this away liquors. Act shall be deemed an unlawful selling, subject to the penalties provided in section one of this Act.
SEC. 9. That if any person shall advertise or give notice by of liquors illegal. signs, billboards, newspapers, periodicals, or otherwise for himself or another the manufacture, offering for sale, or keeping for sale of alcoholic or other prohibited liquors for purposes forbidden or prohibited under this Act, or shall circulate or distribute any price list, circulars, or order blanks advertising such liquors, or publish or distribute any newspaper, magazine, periodical, or other written or printed paper in which such advertisements of liquors appear, or shall permit to be posted upon his premises, or premises under his control (including billboards) or shall permit the same to so remain upon such premises, he shall be guilty of a misdemeanor and be fined not less than $100 nor more than $500.
Procurement of warrants of arrest.
Seizure of liq
SEC. 10. That if one or more persons who are competent witnesses shall charge, on oath or affirmation before the corporation counsel of the District of Columbia or any of his assistants 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, offering for sale, keeping for sale, trafficking in, bartering, exchanging for goods, or otherwise furnishing alcoholic liquor, shall request said corporation counsel or any of his assistants duly authorized to act for him to issue a warrant, said attorney or any of his assistants shall issue 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 captain or acting captain of the police precinct 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 internal-revenue 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 corporation counsel of the District of Columbia, and such alcoholic liquor or the means for dispensing same, or