Imágenes de páginas
PDF
EPUB

Drinking in public places.

Clubs and locker system.

Unlawful giv. ing away.

Procurement of 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.

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.

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.

[ocr errors]

SEC. 18. That it shall not be necessary, in order to convict any person, company, house, association, copartnership, club, or corporation, his, its, or their agents, officers, clerks, or servants of manufacturing, importing, or selling alcoholic liquors, to prove the actual manufacture, importing, sale, delivery of, or payment for any alcoholic liquors, but the evidence of having or keeping them in hand, stored or deposited, taking orders for, or offering to sell or barter, or exchanging them for goods or merchandise, or giving them away, shall be sufficient to convict; nor shall it be necessary in a warrant, information, or indictment to specify the particular kind of alcoholic liquor which is made the subject of a charge of violation of this Act.

Evidence to convict.

Common and

SEC. 19. That all houses, boats, boathouses, buildings, clubrooms, public nuisances. and places of every description, including drug stores, where alcoholic liquors are manufactured, stored, sold, or vended, given away, or furnished contrary to law, including those in which clubs, orders, or associations sell, barter, give away, distribute, or dispense intoxicating liquors to their members by any means or device whatever, as provided in this Act, shall be held, taken, and deemed common and public nuisances. And any person who shall maintain, or shall aid or abet, or knowingly be associated with others, in maintaining such common and public nuisance, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties prescribed in section one of this Act, and judgment shall be given that such house, boat, building, or other place, or any room therein, be abated or closed up as a place for the sale or keeping of such liquor contrary to law, as the court may determine.

SEC. 20. That any United States district attorney for the Territory of Alaska may maintain an action in equity in the name of the United States to abate and perpetually enjoin such a nuisance as defined in the preceding section. No bond shall be required. Any person violating the terms of any injunction granted in such proceedings shall be punished for contempt by a fine of not more than $500 or by imprisonment in the Federal jail for not more than six months, or both such fine and imprisonment, in the discretion of the court.

Action equity.

in

Tenants.

SEC. 21. That if a tenant of a building or tenement is convicted of using such premises or any part thereof or maintaining a common nuisance, as hereinbefore defined, or of knowingly permitting such use by another, the conviction of 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. SEC. 22. That anyone who knowingly permits any building mits nuisance. Knowingly perowned or leased by him or under his control, or any part thereof, to be used in maintaining a common nuisance hereinbefore described in section nineteen of this Act, 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.

SEC. 23. That no property right 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 United States 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 district attorney that such liquors are contraband.

SEC. 24. That any person convicted of a violation of any of the provisions of this Act where the punishment therefor is not herein specifically provided shall be punished as provided by section one of this Act.

Νο

rights.

property

Penalty.

Revoking of

SEC. 25. That in case a pharmacist is convicted under the pro- permit to pharvisions of this Act the judge of the district court, in addition to macist. the penalty provided in this Act, may, in his discretion, revoke

[blocks in formation]

ed.

Effective date.

Sales prohibit

his license to practice pharmacy, and thereafter he shall not receive a license for one year.

SEC. 26. That the issuance by the United States of any internalrevenue special tax stamp or receipt to any person as a dealer in intoxicating liquors shall be prima facie evidence of the sale of intoxicating liquors by such person during the time the stamp or receipt is in force and effect.

A copy of such stamp or receipt or of the record of the issuance thereof, certified to by a United States internal-revenue officer having charge of such record, is admissible as evidence in like case and with like effect as the original stamp or receipt.

SEC. 27. That it shall be the duty of the governor of Alaska, the United States marshals and their deputies, mayors, and members of town councils, town marshals, and police officers of all incorporated towns in Alaska, all Federal game wardens, agents of the Bureau of Fisheries and Forestry Service, customs collectors and their deputies, employees of the Bureau of Education, prosecuting attorneys and their deputies, and all other Federal and Territorial executive officers to enforce the provisions of this Act.

SEC. 28. That prosecution for violations of the provisions of this Act shall be on information filed by any such officer before any justice of the peace or district judge, or upon indictment by any grand jury of the Territory of Alaska, and said United States district attorney or his deputy shall file such information upon the presentation to him or his assistants of sworn information that the law has been violated; and in such prosecutions anyone making a false oath to any material fact shall be deemed guilty of perjury.

SEC. 29. That any person, company, or corporation who shall import or carry liquors into or upon the Territorial waters of Alaska in or upon any steamship, steamboat, vessel, boat, or other water craft, or shall permit the same to be so imported or carried into or upon said waters, except under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section one of this Act.

SEC. 30. That in addition to the power now exercised the judges of the district courts of Alaska may grant liquor licenses for any period of time less than one year upon a pro rata of the license fee for one year, but not to extend beyond the first day of January, nineteen hundred and eighteen, under the provisions of law now in force there so far as the same are applicable.

SEC. 31. That the Legislature of the Territory of Alaska may pass additional legislation in aid of the enforcement of this Act not inconsistent with its provisions.

SEC. 32. 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. 33. That this Act shall be in full force and effect on and after the first day of January, nineteen hundred and eighteen, and all laws and parts of laws inconsistent herewith be, and they are hereby, repealed as of that date.

THE ARMY AND NAVY..

[Act of Feb. 2, 1901, c. 192, sec. 38 (31 Stat. 758).]-The sale of or dealing in beer, wine or any intoxicating liquors by any person in any post exchange or canteen or army transport or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to carry the provisions of this section into full force and effect. [Act of May 18, 1917, c. 15, sec. 12 (40 Stat. 82).]-The Presito sale in or near dent of the United States, as Commander in Chief of the Army, is authorized to make such regulations governing the prohibition of alcoholic liquors in or near military camps and to the officers and enlisted men of the Army as he may from time to time deem necessary or advisable: Provided, That no person, corporation, partnership or association shall sell, supply, or have

Prohibition as

camps.

in his or its possession any intoxicating or spirituous liquors at any military station, cantonment, camp, fort, post, officers' or enlisted men's club, which is being used at the time for military purposes under this Act, but the Secretary of War may make regulations permitting the sale and use of intoxicating liquors for medicinal purposes. It shall be unlawful to sell any intoxicating liquor, including beer, ale, or wine, to any officer or member of the military forces while in uniform, except as herein provided. Any person, corporation, partnership, or association violating the provisions of this section or the regulations made thereunder shall, unless otherwise punishable under the Articles of War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both.

[ocr errors]

66

Navy.

[Act of Oct. 6, 1917, c. 92 (40 Stat. 393).]—That in construing Application to the provisions of sections twelve and thirteen of the selective-draft Act approved May eighteenth, nineteen hundred and seventeen, the word "Army shall extend to and include "Navy"; the word "military" shall include "naval"; "Article of War" shall include "Articles for the Government of the Navy"; the words, camps, station, cantonment, camp, fort, post, officers' or enlisted men's club," in section twelve, and "camp, station, fort, post, cantonment, training, or mobilization place," in section thirteen, shall include such places under naval jurisdiction as the President may prescribe, and the powers therein conferred upon the Secretary of War with regard to the military service are hereby conferred upon the Secretary of the Navy with regard to the naval service. R. S. 1624, ART. 13. Distilled spirits shall be admitted on board Distilled spirits for medicinal of vessels of war only upon order and under the control of the purposes on vesmedical officers of such vessels and to be used for medicinal sels of war. purposes.

ARRESTS.

Arrests.

R. S. 1014. For any crime or offense against the United States the offender may, by any justice or judge of the United States, or by any commissioner of a circuit court to take bail, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate, or any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case. And where any offender or witness is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had. 266 Fed. 713, U. S. v. Maresca. 267 Fed. 856, U. S. v. Friedman; 866, U. S. v. Rykowski. 270 Fed. 285, U. S. v. Powlowski. 275 Fed. 704, U. S. v. Beiner. [Act of Mar. 1, 1879, c. 125 sec. 9 (20 Stat., 327, 341).]-Where Arrests by mar. any marshal or deputy marshal of the United States within the shals of persons district for which he shall be appointed shall find any person or distilleries. persons in the act of operating an illicit distillery, it shall be lawful for such marshal or deputy marshal to arrest such person or persons, and take him or them forthwith before some judicial officer named in section one thousand and fourteen of the Revised Statutes, who may reside in the county of arrest or if none, in that nearest to the place of arrest, to be dealt with according to the provisions of sections ten hundred and fourteen, ten hundred and fifteen, ten hundred and sixteen of said Revised Statutes.

12 Comp. Dec., 803; IV id., 338, 340, 24 Op. Atty. Gen. 685. There is no repugnance between this section and section 19, act of March 28, 1896, 16 Comp. Dec. 669.

operating illicit

Issuance of warrants.

Persons arrested to be taken to nearest commissioner.

[blocks in formation]

* *

[Act of May 28, 1896, c. 252, sec. 19 (29 Stat., 184). Reenacted by Act Mar. 2, 1901 (31 Stat. 956), R. S. 3281a.]— * Warrants of arrest for violations of internal revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector, or deputy collector of internal-revenue, or revenue agents or private citizen, but no such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney. Insufficiency of warrant. (United States v. Sapinkow, 90 Fed.,

654.)

Warrant must particularly name or describe the person. (West v. Cabell, 153 U. S., 85, 86.)

Serving John Doe warrants not valid writs. (16 Comp. Dec., 891.)

Arrest of person while operating illicit distillery. (Sec. 9, act Mar. 1, 1879, p. 33; IV Comp. Dec., 338.)

Arrests without warrant. (14 Int. Dev. Rec., 27; 24 id., 349, 378, Carrico v. Wilmore, 51 Fed., 186.)

A marshal has the right to arrest upon visible evidence of crime. (United States v. Fullehart, 106 Fed., 911.)

A corporation can not be arrested.

United States, 204 Fed., 20.)

(John Gund Brewing Co. v.

[Act of Aug. 18, 1894, c. 301, sec. 1 (28 Stat., 416.]— It shall be the duty of the marshal, his deputy, or other officer, who may, arrest a person charged with any crime or offense to take the defendant before the nearest circuit court commissioner or the nearest judicial officer having jurisdiction under existing laws for a hearing, commitment, or taking bail for trial, and the officer or magistrate issuing the warrant shall attach thereto a certified copy of the complaint; and upon the arrest of the accused, the return of the warrant, with a copy of the complaint attached, shall confer jurisdiction upon such officer as fully as if the complaint had originally been made before him, and no mileage shall be allowed any officer violating the provisions hereof. U. S. v. Puleston, 106 Fed., 294.

BAIL.

to R. S. 1015. Bail shall be admitted upon all arrests in criminal cases where the offense is not punishable by death; and in such cases it may be taken by any of the persons authorized by the preceding section to arrest and imprison offenders.

268 Fed. 686, Application of Shumpka. 282 Fed. 628, Smith v. Gilliam.

By preceding section is meant Sec. 1014, R. S.

See R. S. 1017, cases removed from State courts; R. S. 1018, surrender of bail; R. S. 1019, new bail; R. S. 1020, remission of penalty of recognizance.

THE CAPITOL.

Intoxicating

sold.

liquors not to be [Act of Mar. 3, 1903, c. 1012, sec. 34 (32 Stat. 1221).]-That no intoxicating liquors of any character shall be sold within the limits of the Capitol Building of the United States.

Conspiring to prevent an officer

EXTRACTS FROM THE CRIMINAL CODE.

(Act of Mar. 4, 1909, ch. 321, 35 Stat., 1088.)

R. S. 5518 (Crim. Code, sec. 21).-If two or more persons in any discharging his State, Territory, or District conspire to prevent, by force, intimiduty. dation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, Territory, District, or place where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged

« AnteriorContinuar »