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Power to en
order of abatement canceled, so far as the same may re-
injunction. porary or permanent, granted pursuant to the provisions of this Title, the court, or in vacation a judge thereof, may summarily try and punish the defendant. The pro- ...Contempt proceedings for punishment for contempt shall be commenced by filing with the clerk of the court from which such injuction issued information under oath setting out the alleged facts constituting the violation, whereupon the court or judge shall forth with cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. Any person found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment of not less than thirty days nor more than twelve months, or by both fine and imprisonment.
Sec. 5. The Commissioner of Internal Revenue, his as- force . sistants, agents, and inspectors, and all other officers of the United States whose duty it is to enforce criminal laws, shall have all the power for the enforcement of the War Prohibition Act or any provisions thereof which is conferred by law for the enforcement of existing laws relating to the manufacture or sale of intoxicating liquors under the laws of the United States.
Sec. 6. If any section or provision of this Act shall be held to be invalid, it is hereby provided that all other provisions of this Act which are not expressly held to be invalid shall continue in full force and effect.
Sec. 7. None of the provisions of this Act shall be con- . Repea! of strued to repeal any of the provisions of the “War Pro- tion Act.” hibition Act,” or to limit or annul any order or regulation prohibiting the manufacture, sale, or disposition of intoxicating liquors within certain prescribed zones or districts, nor shall the provisions of this Act be construed tions. to prohibit the use of the power of the military or naval authorities to enforce the regulations of the President or Secretary of War or Navy issued in pursuance of law, prohibiting the manufacture, use, possession, sale, or other disposition of intoxicating liquors during the period of the war and demobilization thereafter.
Sales of distilled spirits and wines for medicinal, etc., purposes. (T. D. 2959.)
Partial invalid. ity of act.
Annulment of orders or regula
PROHIBITION OF INTOXICATING BEVERAGES. Sec. 1. When used in Title II and Title III of this Act (1) The word “liquor” or the phrase "intoxicating liquor” shall be construed to include alcohol, brandy, whisky, rum, gin, beer, ale, porter, and wine, and in addition thereto any spirituous, vinous, malt, or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, and by whatever name called, containing one-half of 1 per centum or more alcohol by volume which are fit for use for beverage purposes: Provided, That the foregoing definition shall not extend to dealcoholized wine nor to any beverage or liquid produced by the process by which beer, ale, porter or wine is produced, if it contains less than one-half of 1 per centum of alcohol by volume, and is made as prescribed in section 37 of this title, and is otherwise denominated than as beer, ale, or porter, and is contained and sold in, or from, such sealed and labeled bottles, casks, or containers as the commissioner may by regulation prescribe.
(2) The word "person " shall mean and include natural persons, associations, copartnerships, and corporations.
(3) The word “commissioner” shall mean Commissioner of Internal Revenue.
(4) The term “ application” shall mean a formal written request supported by a verified statement of facts showing that the commissioner may grant the request.
(5) The term “permit” shall mean a formal written authorization by the commissioner setting forth specifically therein the things that are authorized.
(6) The term “bond " shall mean an obligation authorized or required by or under this Act or any regulation, executed in such form and for such a penal sum as may be required by a court, the commissioner or prescribed by regulation.
(7) The term “ regulation ” shall mean any regulation prescribed by the commissioner with the approval of the Secretary of the Treasury for carrying out the provisions of this Act, and the commissioner is authorized to mako
such regulations. Commissioner Any act authorized to be done by the commissioner acting through
may be performed by any assistant or agent designated by him for that purpose. Records required to be filed with the commissioner may be filed with an assistant commissioner or other person designated by the commissioner to receive such records.
SEC. 2. The Commissioner of Internal Revenue, his asStates attorney. sistants, agents, and inspectors shall investigate and re
port violations of this Act to the United States attorney for the district in which committed, who is hereby charged with the duty of prosecuting the offenders, subject to the direction of the Attorney General, as in the case of other offenses against the laws of_the United States; and such Commissioner of Internal Revenue, his
Report of vio lations to United
Search war. rants.
See p. 602.
be comes effective.
Construction of act.
assistants, agents, and inspectors may swear out warrants before United States commissioners or other officers or courts authorized to issue the same for the apprehension of such offenders, and may, subject to the control of the said United States attorney, conduct the prosecution at the committing trial for the purpose of having the offenders held for the action of a grand jury. Section 1014 of the Revised Statutes of the United States is hereby made applicable in the enforcement of this Act. Officers mentioned in said section 1014 are authorized to issue search warrants under the limitations provided in Title XI of the Act approved June 15, 1917 (Fortieth Statutes at Large, page 217, et seq.).
SEC. 3. No person shall on or after the date when the Manufacture, eighteenth amendment to the Constitution of the United cating liquor States goes into effect, manufacture, sell, barter, trans- amendment port, import, export, deliver, furnish or possess any in- Constitution toxicating liquor except as authorized in this Act, and all the provisions of this Act shall be liberally construed to the end that the use of intoxicating liquor as a beverage may be prevented.
The eighteenth amendment to the Constitution became effective at 12.01 a. m., January 17, 1920. Liquor for nonbeverage purposes and wing for sacra- liquor and sacrae mental purposes may be manufactured, purchased, sold, mental bartered, transported, imported, exported, delivered, furnished and possessed, but only as herein provided, and the commissioner may, upon application, issue permits therefor: Provided, That nothing in this Act shall prohibit the purchase and sale of warehouse receipts cover- house receipto. ing distilled spirits on deposit in Government bonded warehouses, and no special tax liability shall attach to the business of purchasing and selling such warehouse receipts.
SEC. 4. The articles enumerated in this section shall Exception of not, after having been manufactured and prepared for the market, be subject to the provisions of this Act if they correspond with the following descriptions and limitations, namely:
(a) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or here- tured rum. after in force. (b) Medicinal preparations manufactured in accord-medicinal
preparationis ance with formulas prescribed by the United States Pharmacopeia, National Formulary or the American Institute of Homeopathy that are unfit for use for beverage purposes.
(c) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes.
(d) Toilet, medicinal, and antiseptic preparations and Toilet preparasolutions that are unfit for use for beverage purposes.
(e) Flavoring extracts and sirups that are unfit for use as a beverage, or for intoxicating beverage purposes.
(f) Vinegar and preserved sweet cider.
Purchase and sale of ware
Denatured al. cohol or deng
Patented madi. cines.
Vinegar aod cider.
Procurement of permits.
Notice by commissioner.
A person who manufacturers any of the articles mentioned in this section may purchase and possess liquor for that purpose, but he shall secure permits to manufacture such articles and to purchase such liquor, give the bonds, keep the records, and make the reports specified in this Act and as directed by the commissioner. No such manufacurer shall sell, use, or dispose of any liquor otherwise than as an ingredient of the articles authorized to be manufactured therefrom. No more alcohol shall be used in the manufacture of any extract, sirup, or the articles named in paragraphs b, c, and d of this section which may be used for beverage purposes than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the article.
Any person who shall knowingly sell any of the articles mentioned in paragraphs a, b, c, and d of this section for beverage purposes, or any extract or sirup for intoxicating beverage purposes, or who shall sell any of the same under circumstances from which the seller might reasonably deduce the intention of the purchaser to use them for such purposes, or shall sell any beverage containing one-half of 1 per centum or more of alcohol by volume in which any extract, sirup, or other article is used as an ingredient, shall be subject to the penalties provided in section 29 of this Title. If the commissioner shall find, after notice and hearing as provided for in section 5 of this Title, that any person has sold any flavoring extract, sirup, or beverage in violation of this paragraph, he shall notify such person, and any known principal for whom the sale was made, to desist from selling such article; and it shall thereupon be unlawful for a period of one year thereafter for any person so notified to sell any such extract, sirup, or beverage without making an application for, giving a bond, and obtaining a permit so to do, which permit may be issued upon such conditions as the commissioner may deem necessary to prevent such illegal sales, and in addition the
commissioner shall require a record and report of sales. Analysis of ar
SEC. 5. Whenever the commissioner has reason to believe that any article mentioned in section 4 does not correspond with the descriptions and limitations therein provided, he shall cause an analysis of said article to be made, and if, upon such analysis, the commissioner shall
find that said article does not so correspond, he shall give Notice to not less than fifteen days' notice in writing to the person
who is the manufacturer thereof to show cause why said article should not be dealt with as an intoxicating liquor, such notice to be served personally or by registered mail, as the commissioner may determine, and shall specify the time when, the place where, and the name of the agent or official before whom such person is required to appear.
If the manufacturer of said article fails to show to the satisfaction of the commissioner that the article corresponds to the descriptions and limitations provided in
Revocation of permit to manujacture.
section 4 of this Title, his permit to manufacture and sell
All permits to manufacture, prescribe, sell, or transport liquor, may be issued for one year, and shall expire on the 31st day of December next succeeding the issuance thereof: Provided, That the commissioner may without formal application or new bond extend any permit grant- permit ed under this Act or laws now in force after August 31 in any year to December 31 of the succeeding year: Provided further, That permits to purchase liquor for the purpose of manufacturing or selling as provided in this Act shall not be in force to exceed ninety days from the day of issuance. A permit to purchase liquor for any other purpose shall not be in force to exceed thirty days. Permits to purchase liquor shall specify the quantity and kind to be purchased and the purpose for which it is to be used. No permit shall be issued to any person who within one year prior to the application therefor or issuance thereof shall have violated the terms of any permit issued under this Title or any law of the United States or of any State regulating traffic in liquor. No permit shall be issued to anyone to sell liquor at retail, unless the sale is to be made through a pharmacist designated in the permit and duly licensed under the laws of his State to compound and dispense medicine prescribed by a duly licensed physician. No one shall be given a permit to prescribe liquor unless he is a physician duly licensed to practice medicine and actively engaged in the practice of such profession. Every permit shall be in writing, dated when issued, and signed by the commissioner or his authorized agent. It shall give the name and address of the person to whom it is issued and shall designate and limit the acts that are permitted and the time when and place where such acts may be performed.