Imágenes de páginas


liquor nuisances; in like manner the writ of injunction may be employed to compel obedience to any provision of this Act.

SEC. 16. If a tenant of a building or tenement uses such premises, or any part thereof, in maintaining a common nuisance as hereinbefore defined, or knowingly permits such use by another, such use shall render void the lease under which he holds, and shall cause the right of possession to revert to the owner or lessor, who may, without process of law, make immediate entry upon the premises, or may avail himself of the remedy provided for the forcible detention thereof.

Knowingly per- SEC. 17. Anyone who knowingly permits any building owned or mitting nuisance. leased by him or under his control, or any part thereof, to be used in maintaining a common nuisance hereinbefore described in section fourteen of this Act, after being notified in writing of such use, neglects to take all reasonable measures to eject therefrom the person so using the same, shall be deemed guilty of assisting in maintaining such nuisance.

No rights.


Persona in

cated persons.


SEC. 18. That no property rights of any kind shall exist in alcoholic liquors or beverages illegally manufactured, received, possessed, or stored under this Act, and in all such cases the liquors are forfeited to the District of Columbia and may be searched for and seized and ordered to be destroyed by the court after a conviction when such liquors have been seized for use as evidence, or upon satisfactory evidence to the court presented by the corporation counsel that such liquors are contraband.

SEC. 19. Every wife, child, parent, guardian, or employer, or jured by intoxi- other person who shall be injured in person or property or means Right of ac of support by any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person, such wife, child, parent, or guardian shall have a right of action, in his or her own name, against any person who shall, by selling or bartering intoxicating liquors, have caused the intoxication of such person, for all damages actually sustained, as well as for exemplary damages; and a married woman shall have the right to bring suit, prosecute, and control the same, and the amount recovered the same as if unmarried; and all damages recovered by a minor under this Act shall be paid either to such minor or to his or her parents, guardian, or next friend, as the court shall direct.

cars, etc.

Penalty, intoxi- SEC. 20. If any person while in charge of a locomotive engine, or cated person in while acting as a conductor or brakeman of a car or train of cars, charge of street or while in charge of any street car, steamboat, launch, or other water craft, or while in charge of or operating any automobile or horse vehicle in the District of Columbia, shall be intoxicated, he shall be guilty of a misdemeanor, and if convicted shall be punished by a fine of not less than $25 nor more than $300, and in default in payment of said fine shall be imprisoned in the District jail or workhouse for not exceeding three months, or both fine and imprisonment in the discretion of the court.

Duty of Commissioners.


SEC. 21. It shall be the duty of the Commissioners of the District of Columbia to enforce the provisions of this Act. They shall detail qualified members of the police force to detect violations of the Act, if any, and to report promptly all knowledge or information they may have concerning such violations, together with the names of any witnesses by whom they may be proven to the corporation counsel; but it shall be the duty of all members of the police force to detect violations of the Act and to promptly report any information or knowledge concerning the same to the corporation counsel, together with the names of witnesses, by whom such violations may be proven; and the corporation counsel shall bring such alleged violators of the law to trial with all due diligence.

If any such officer shall fail to comply with the provisions of this section, he shall upon conviction be fined in any sum not less than $100 nor more than $500; and such conviction shall be a forfeiture of the office held by such person, and the court before whom such conviction is had shall in addition to imposition of the


fine aforesaid order and adjudge the forfeiture of his said office. For a failure or neglect of official duty in the enforcement of this Act any official herein referred to may be removed by court action. SEC. 22. That prosecutions for violations of the provisions of Corporation this Act shall be on information filed in the police court by the counsel to prosecorporation counsel of the District of Columbia or any of his assistants duly authorized to act for him, and said corporation counsel or his assistants shall file such information upon the presentation to him or his assistants of sworn information that the law has been violated; and such corporation counsel and his assistants shall have power to administer oaths to such informant or informants, and such others as present themselves, and anyone making a false oath to any material fact shall be deemed guilty of perjury and subject to the same penalties as now provided by law for such offense.

District attor

ney to prosecute.

When, however, it appears to the Commissioners of the District of Columbia that it will be in the interest of more effective enforcement of the provisions of this Act, they may request the United States district attorney for the District of Columbia to prosecute persons charged with offenses against the law, and when so requested by said Commissioners the said district attorney shall proceed before the grand jury and in the Supreme Court of the District of Columbia to prosecute such offenders in manner now prescribed by law for the prosecution of persons charged with violations of the laws against crime in the District of Columbia. SEC. 23. That if for any reason any section, paragraph, provision, clause, or part of this Act shall be held unconstitutional tures. or invalid, that fact shall not affect nor destroy any other section, paragraph, provision, clause, or part of the Act not in and of itself invalid, but the remaining parts of sections shall be enforced without regard to that so invalidated.

SEC. 24. That in the interpretation of this Act words of the singular number shall be deemed to include their plurals, and words of the masculine gender shall be deemed to include the feminine, as the case may be.

SEC. 25. That this Act shall be in full force and effect on and after the first day of November, nineteen hundred and sixteen, and all laws and parts of laws inconsistent herewith, be, and they are hereby repealed. And that the excise board for the District of Columbia, provided for and established under the Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, be, and it is hereby, abolished upon the taking effect of this Act.

Revenue Act of 1918, sec. 1407. That the provisions of section 5 of the Act entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes," approved March 3, 1917, relating to intoxicating liquors in interstate commerce, as amended by section 1110 of an Act entitled "An Act to provide revenue to defray war expenses, and for other purposes," approved October 3, 1917, be, and the same are hereby, made applicable to the District of Columbia.


[Act of Feb. 1, 1907, c. 441 (34 Stat., 870) ].-It shall be unlawful to sell, either by wholesale or retail, intoxicating liquor of any kind at any point between the Government Hospital for the Insane and the Home for the Aged and Infirm, or within a radius of one-half mile of the boundaries of either of the said properties. This hospital is located in the District of Columbia.

Invalid fea


Effective date.

Unlawful sales

Soldiers' Home.

[Act of Feb. 28, 1891, c. 385 (26 Stat., 797)].-On and after the passage of this act no license for the sale of intoxicating liquor within one mile at any place within one mile of the Soldiers' Home property in the District of Columbia shall be granted.


Constitution [Act of Apr. 30, 1900 (31 Stat. 141).

and laws of the

An Act to provide a gov-
Sec. 5. That the Consti-

United States in ernment for the Territory of Hawaii.] force in Hawaii. tution, and except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and fifty and eighteen hundred and ninety of the Revised Statutes of the United States shall not apply to the Territory of Hawaii. [Act of Apr. 30, 1900, c. 339, sec. 55 (31 Stat. 150), amended, May 27, 1910, c. 258, sec. 4 (36 Stat. 444)]—The legislative power of the Territory shall extend to all rightful subjects not inconsistent with the Constitution and laws of the United States locally applicable. * Nor shall spirituous or intoxicating liquors be sold except under such regulations and restrictions as the territorial legislature shall provide.

Scope of legislative power.

of liquor.


Unlawful use [Act of May 23, 1918, c. 84, sec. 1 (40 Stat. 560)]-Ninety days intoxicating after the passage of this Act, during the period of the war and Penalty. thereafter, except as herein provided, it shall be unlawful in the Territory of Hawaii, to sell, give away, manufacture, transport, import, or export intoxicating liquors, except for mechanical, scientific, sacramental, or medicinal purposes, for which purposes the sale, gift, transport, import, and export of the same shall be under such rules and regulations as the governor of the Territory may prescribe, and any person violating the provisions hereof shall be fined in a sum not exceeding $500 or imprisonment for a period of not longer than one year, or both: Provided, That at any general election of the Territory of Hawaii, held within two years after the conclusion of peace, the repeal of this Act may, upon petition of not less than twenty per centum of the qualified electors of said Territory at the last preceding general election, be submitted to a vote of the qualified electors of said Territory, and if a majority of all the qualified electors thereof voting upon such question shall vote to repeal this Act, it shall thereafter not be in force and effect, otherwise it shall be in full force and effect. [Act of May 23, 1918, c. 84, sec. 2 (40 Stat. 560)]-The said petition shall be addressed to and filed with the secretary of the Territory at least two months before the election at which the question is to be voted upon, and the person obtaining any signature to such petition shall make affidavit that he witnessed the signing of the same and believes the address of each petitioner affixed to his name is the true address of such petitioner. Such election shall be conducted under the laws of the Territory provided for general elections.

Filing of petitions.


Unlawful sale

at stations.

[Act of Feb. 5, 1917, c. 29, sec. 26 (39 Stat. 894)]-* No immigration intoxicating liquors shall be sold at any such immigration station. IMPORTATION FROM INSULAR POSSESSIONS.


and Islands.

Importations [Act of Oct. 3, 1917, c. 63, sec. 301 (40 Stat. 308)]-No disfrom Virgin Is- tilled spirits produced after the passage of this Act shall be imlands, Porto Rico, ported into the United States from any foreign country, or from Philippine the West India Islands recently acquired from Denmark (unless produced from products the growth of such islands, and not then into any State or Territory or District of the United States in which the manufacture or sale of intoxicating liquor is prohibited), or from Porto Rico, or the Philippine Islands. Under such rules, regulations and bonds as the Secretary of the Treasury may prescribe, the provisions of this section shall not apply to distilled spirits imported for other than (1) beverage purposes or (2) use in the manufacture or production of any article used or intended for use as a beverage.

[ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

malt spirit & rigs beron Body ten chav
to any ardent or other intelecting Nevor of any kN #WAPAS
* 127 essecca extract, hitters wante aspent menANG
tim er any aride whatapier eaker any sene set, er brent
which produces intoriation, to any leden to whom ger de
land has been made were the rite pre ST MAR
trust by the Government, or to any Indian a ward of the Govere
ment under charge of any Indian superintendent er sært, er str
Indian, indeling mitad Noods eves when the Govermatt,
through its departments exercises gvardianship and any person
who shall introduce or attempt to introduce any malt, spirituous,
or vinous liquor freluding beer, ale, and wine or any ardent or
intoxicating Equor of any kind whatsoever into the Indian
country, which term shall include any Indian a'lotment while
the title to the same shall be held in trust by the Government, or
while the same shall remain inalienable by the allotted without
the consent of the United States shall be punished by imprison-
ment for not less than sixty days, and by a fine of not less than
one hundred dollars for the first offense and not less than two
hundred dollars for each offense thereafter: Provided, Nowere
That the person convicted shall be committed until fiue and costs
are paid. But it shall be a sufficient defense to any charge of
introducing or attempting to introduce ardent spirits, ale, beer,
wine, or intoxicating liquors into the Indian country that the nets
charged were done under authority, in writing, from the War
Department or any officer duly authorized thereunto by the War

This section is held to be amendatory of R. S. 2139 (224 Fod.,
[Act of Mar. 2, 1917, c. 146. sec. 1 (39 Stat., 970)]—Automobiles.
or any other vehicles or conveyances used in introducing, or at-
tempting to introduce, intoxicants into the Indian country, or
where the introduction is prohibited by treaty or Federal statute,
whether used by the owner thereof or other person, shall be sub-
ject to the seizure, libel and forfeiture provided in section 2140
R. S.

[Act of Mar. 1, 1907, c. 2285 (34 Stat., 1017)]-The powers con ferred by section twenty-one hundred and forty of the Revised

Seisure of ve


Power of agent of Indian reau.

Powers of chief special officer.

Powers of marshal.



Statutes upon Indian agents, and subagents, and commanding officers of military posts are hereby conferred upon the special agent of the Indian Bureau for the suppression of the liquor traffic among Indians and in the Indian country and duly authorized deputies working under his supervision.

[Act of Aug. 24, 1912, c. 388, sec. 1 (37 Stat., 519)]—The powers conferred by section seven hundred and eighty-eight of the Revised Statutes upon marshals and their deputies are hereby con- ferred upon the chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior.

R. S. 788. The marshals and their deputies shall have in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have by law, in executing the laws thereof.

пр R. S. 2141. Every person who shall, within the Indian country, set up or continue any distillery for manufacturing ardent spirits, shall be liable to a penalty of one thousand dollars; and the superintendent of Indian affairs, the Indian agent, or subagent, within the limits of whose agency any distillery of ardent spirits is set up or continued, shall forthwith destroy and break up the same.

Applying statute to beer.

Military forces.

Osage County.

Possession of intoxicating liq


Officers not to furnish liquor.

[Act of May 18, 1916, c. 125. sec. 1 (39 Stat., 124)]-The provisions of sections twenty-one hundred and forty and twenty-one hundred and forty-one of the Revised Statutes of the United States shall also apply to beer and other intoxicating liquors named in the Act of January 30, 1897 (Twenty-ninth Statutes at Large, page 506), and the possession by a person of intoxicating liquors in the country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction.

R. S. 2150. The military forces of the United States may be employed in such manner and under such regulations as the President may direct: (1) in the apprehension of every person who may be in the Indian country in violation of law, and in conveying him immediately from the Indian country, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law; (2) in the examination and seizure of stores, packages, and boats, authorized by law; (3) in preventing the introduction of persons and property into the Indian country contrary to law, which persons and property shall be proceeded against according to law; (4) and also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country.

[Act of Mar. 2, 1917, c. 146, sec. 17 (39 Stat., 983)]—All of Osage County, Oklahoma, shall hereafter be deemed to be Indian country within the meaning of the Acts of Congress making it unlawful to introduce intoxicating liquors into the Indian country. Held not repealed by the National Prohibition Act. McClintic v. U. S., 283 Fed. 781.

[Act of May 25, 1918, c. 86, sec. 1 (40 Stat. 563)]—On and after September first, 1918, possession by a person of intoxicating liquors in the Indian country where the introduction is or was prohibited by treaty or Federal statute shall be an offense and punished in accordance with the provision of the Acts of July 23, 1892. (27 Stat., 260), and January 30, 1897 (29 Stat., 506).

[Act of July 4, 1884, c. 180, sec. 1 (23 Stat., 94; sec. 4136a, 141)]-No part of section twenty-one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache or employe of the Army of the United States who shall barter, donate or furnish in any manner whatsoever

« AnteriorContinuar »