National Prohibition: The Volstead Act Annotated, and Digest of National and State Prohibition Decisions

Front Cover
M. Bender, 1923 - Liquor laws - 787 pages
 

Contents

State officers not made federal agents 13 Decisions of state courts as to meaning of concurrent power
13
REGULATIONS
15
State courts not bound by federal decisions
17
EFFECT OF AMENDMENT A VALIDITY OF STATE PROHIBITION LAWS 15 Eighteenth Amendment is a limitation and not a grant of power to ...
18
State prohibition laws upheld when appropriate legislation
19
State prohibition of Jamica ginger is valid
27
Excepting flavoring extracts
28
State license laws
29
Local option laws
30
Municipal regulations
31
Possession
32
Absolute prohibition on manufacture and sale
33
Giving away liquor
34
State laws making bootlegging a crime
35
Search under state law
37
B DOUBLE JEOPARDY 41 Prosecution under both federal and state law Double jeopardy
38
Quadruple punishment
48
EFFECT OF PROHIBITION ON SHIPPING 44 Prohibition is territorial as applied to ships
49
Effect of Eighteenth Amendment on foreign ships
50
Effect of Volstead Act on ships
51
American ships on high seas
53
Liquors as sea stores forbidden
54
Duty to report liquor in manifest
56
Right to capture smugglers beyond the three mile limit
57
I
60
PART II
71
Text of sections
94
Text of section
107
History of section
109
Necessity of definition
110
Previous standards
111
Origin of onehalf of 1 percent
113
Dominant effect of definition
114
Beer
115
Still beer
116
Cider
117
Spirituous liquor
118
Wine
119
Provided that
121
23a Evidence Permit as evidence
122
23e Opinion evidence as to character of liquor
123
23f Sufficiency of evidence that liquor intoxicating
124
SECTION II
125
Prosecution by information
126
Evidence necessary on information
127
Both indictment and information
128
Text of section
129
Par Page
131
VI
132
State laws
133
Manufacture for sale
134
Mash
135
Aiding and abetting
136
Accessory after the fact
138
Manufacture incomplete
139
Landlord and tenant
140
Finding liquor and still on premises Presence at still etc
143
Liquor in possession of defendant Path to still
144
Concealment or destruction of liquor
145
Burden of proving registration
146
State laws
147
Husband and wife
148
Common seller
149
Intent or knowledge
150
Offer to sell
151
Purchaser active in transaction
152
Place of sale
153
Payment
154
Delivery of bottles to defendant
156
Evidence of other sales
157
Existence of path to location of liquor
158
TRANSPORTATION 54 Ingredients of transportation
159
State laws
164
Not for sale
166
For personal use under Reed Amendment
167
Possession Baggage checks
168
Bootlegger
169
One accompanying another
170
Sufficiency of evidence
171
Obtaining liquor for joint use
172
Possession of containers
173
Budren of proof to show lawful purpose
174
POSSESSION 83 Reason for prohibiting possession
175
Lawful acquisition before prohibition
178
Distinguished from receiving and concealing
179
On person
180
State laws
181
Validity of state statutes creating presumption
182
Accepting offer of drink
183
Officer of corporation
184
Burden of proof Hotel
185
Evidence of character of liquor
186
Finding liquor in defendants room
189
Intoxication of defendant
190
Evidence of gambling in locus
191
SECTION IV
197
e Flavoring extracts
203
SECTION VI
210
Storage in hotel
216
SECTION IX
223
SECTION XII
227
SECTION XX
233
Parties
234
Promimate cause
235
SECTION XXI
237
Purpose of section
238
Test of common nuisance
239
Knowledge Profits
240
Single sale
241
Effect of acquittal of making sale
243
Date of sales
244
Maintenance Control
245
Joint owners of building
246
SECTION XXII
249
History of section
250
Purpose of section
251
Equity jurisdiction and practice
252
Temporary injunction
253
Pleading
254
Good faith of proceedings
255
Ignorance or good faith no defense
256
Validity of assessment
257
Presumption from quantity of liquor
258
SECTION XXIII
259
SECTION XXIV
260
Service
261
Effect on criminal prosecution
262
Abatement by death Fine is criminal in nature
263
Power to suspend execution
264
Apparatus
274
Burden of proof
275
NO PROPERTY RIGHTS SHALL EXIST 17 Origin of provision
276
No property rights in liquor transported or possessed illegally
277
Liquor as merchandise imported illegally
278
SEARCH AND SEIZURE UNDER WARRANT 23 The constitutional provisions relating to search and seizure
281
The Act of 1917
283
Requirements in general
289
Nature of proceedings
290
Destruction of liquor and property
291
Facts showing probable cause
292
Oath on information and belief
298
Cannot be supported by subsequent evidence
302
Oral statement of intoxicated person
303
Search warrant Form in general
304
Not confined to felonies
305
Directed to officers by name
306
Receiver of state court as defendant
307
Omission of command to seize property
308
Search at night
309
Par Page 88 In general
343
Contraband goods distinguished from private papers
344
How question should be raised
345
Court and not commissioner can order return
346
Liquor returned
347
Holding small quantity as evidence
348
Liquor not returned
349
Seized in residence
352
Long detention of liquor seized
353
Liquor held under permit Druggists books
354
Where petitioner has disclaimed ownership
355
Furniture
356
Saving rights of defendant
359
Information obtained from papers seized
360
Evidence obtained in legal search warrant based on evidence disclosed under illegal search warrant
361
Entry procured by fraud Distinction between contraband and papers
362
Federal officers not participating in illegal seizure
365
State officers cooperating
367
Where defendant disclaims ownership
368
SECTION XXVI
369
RIGHTS OF PARTIES
371
Origin of section
372
Conviction essential
377
Vehicle must be seized while transporting
378
Steamer of United States Shipping Board
379
Proceedings on seizure Interests of claimant
380
Forfeiture proceedings Ancillary in nature Liens
384
Burden on owner to show innocence
389
Evidence of knowledge
391
Proceedings for return of property taken
392
Authority of prohibition agent Bribery
393
B FORFEITURE UNDER STATE LAWS I PROCEEDINGS 14 Jurisdiction
394
Strict construction
395
Value of property stated in proceedings
396
Transfer from one officer to another
397
Appliance does not include team
398
Trunk
399
Liquor in bond
400
Protection of rights of innocent owner or lienor
401
Forfeiture of rights of innocent owner under federal law
403
Good faith or negligence of claimant
404
Innocence of owner of vehicle used in smuggling
406
Conditional sale providing for forfeiture if vehicle used for trans portation
407
Lien for freight
408
Rights of owner against purchaser at judicial sale
409
SECTION XXVIII
410
Duty of federal officer to aid in arrest
411
SECTION XXIX
414
Purpose of section
415
Sentence for possession
416
SECTION XXX
421
Trying various counts together
427
All elements of offense to be pleaded
433
Attempt to manufacture
434
Sale for beverage purposes
436
Unlawful possession
437
Possession Time and place
438
Transportation
439
Common nuisance
441
Common nuisance Under state law
442
Kind of liquor
443
Quantity
445
Pleading alleging prior conviction as evidence
446
Variance
447
SECTION XXXIII
448
Burden of proof
449
Wife keeping liquor in dwelling used by husband as saloon
450
Cellar of premises used in part as dwelling and in part for business
451
Storage for owner
452
Evidence of ownership
454
State laws
455
History of construction of this section
457
Raising question
463
Effect of Volstead Act on Indian Act
469
Right to pay revenue tax and sue for recovery
481
SECTION XXXIX
487
Purpose of Title III
494
Statutory authority for regulations
505
Lawful and unlawful manufacture of and traffic in in toxicating liquor In general
507
Basic permits and permit bonds
509
Manufacture of distilled spirits and wines
548
Containers
550
Manufacture of cider and vinegar
552
Manufacture of beverages containing less than onehalf of 1 per cent of alcohol by volume from intoxicating liquor or by arrested fermentation
554
Wine for sacramental purposes or like religious rites
564
Procedure for procurement and delivery of intoxicating liquor by persons holding permits
572
Sales at wholesale
583
Rectification of intoxicating liquor
588
Use of intoxicating liquor in the manufacture of alcoholic medicinal preparations and other alcoholic com pounds
589
Other authorized uses of intoxicating liquor and retail sales through pharmacists
595
Physicians prescribing intoxicating liquor for medicinal purposes
606
Exportation and importation of intoxicating liquor for nonbeverage purposes
609
Lawful possession of intoxicating liquor
617
Transportation of intoxicating liquor
621
Sale and use of medicinal preparations and other alcoholic compounds
633
Labels
635
Records
637
Advertisement prohibited formulae etc
638
Special taxes
639
Effect of this section on forfeiture provisions of prior revenue legis lation 372
640
Hearings on assessments
643
Liquors on United States and foreign vessels
647
FORMS
657
Indictments
667
IV
675
Search warrants
681
Forfeiture proceedings
688
Search of person
729
Copyright

Common terms and phrases

Popular passages

Page 78 - XVIII [SECTION 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Page 131 - Amendment to the Constitution of the United States goes into effect, manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized in this Act, and all provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented.
Page 289 - If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.
Page 287 - The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
Page 267 - No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, or 68 I boarding house. The term
Page 285 - ... 2. When it was used as the means of committing a felony; in which case it may be taken, on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the crime; or of any other person in whose possession it may be; 3.
Page 42 - We have here two sovereignties, deriving power from different sources, capable of dealing with the same subjectmatter within the same territory. Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment.
Page 286 - SEC. 3. A search warrant can not be issued but upon probable cause, supported by affidavit, naming or describing the person and particularly describing the property and the place to be searched.
Page 306 - When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.
Page 371 - Whenever intoxicating liquors transported or possessed illegally shall be seized by an officer he shall take possession of the vehicle and team or automobile, boat, air or water craft, or any other conveyance, and shall arrest any person in charge thereof.

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