Bisbee daily review., 1916-05-04
United States Attorney And U. s. Marshal Issued State mepts To Deputies In Re- gard To Illegal Shipments

Ao III OO SSCh thO AOAAON iNb CTS that have been received from U. ;. Marshal Dillon by Deputy James HcDonald. Judging from the contents # the letters immediate action will )e instituted by the government, in- dependent of the prosecutions by the State, against all offenders Having unlimited jurisdiction, the ederal agents will be able to prose ute both the shipper and the con- ignee. It is quite probable that spe- ;ial officers will be imported into the ;ounty tS.assist in the work, although lothing definite is known at present. ieports have it that specia lagents lave already been at work in both hsbee and Douglas obtaining evidence gainst a number who have been cling liquor without the govern nent license.
 The letters received by Mir McDon- i'd are as follows:
 Phoenix, Arizona.
 April 23, 1916. Ion. Joseph P. Dillon,
 United States Marshal,
 Phoenix, Arizona.
 Sir:-Pursuant to your request for m opinion as to your proper course with respect to the seizure of intoxi- ,ating liquors shipped into this state md district contrary to Sec. 240 of he criminal code of 1910, first here with set out the section in full:
 "Whosoever shall knowingly ship or ause to be shipped, from one state, erritOry or district of the United States, or place non-contigLous to ut subject to the jurisdiction there 'f, into any other state, territory or. istrict of the United States, or place lon-cOntigLous to but subject to the jurisdiction thereof or from any for ign country into any state, territory )r district of the United States, or place non-Contiguous to but subject to he jurisdiction thereof, any package If or package containing any spiritu- JUS, vinous. matted, fermented, or oth- r intoxicating liquor of any kind, un- ess such package be so labeled Jn the jutside cover as to plainly show the Iame of the consignee, the nature of ts contents, and the quantity con aimed therein, shall be fined not more han five thousand dollars: and such qIor shall be forfeited 10 the United tates, any may be seized and con lemned by like proceedings as those provided by law for the seizure and orfeiture of property imported into he United States contrary to law
 There is no doubt there.Jre as to our authority under this law to eize and condemn, without awaiting ouTt proceedings any intoxicating iquors shipped into this state, in vio- ltion of the above section, where the alue of the goods does not exceed 50000. Section 5075 R. s. prescribes ,ow this may be done by the collector # customs as to goods, imported in iolation of the customs laws, and suggest that you familiarize yourself with this section, so that you may now the exact proceedings ta take with respect to the liquors which you nay seize. Under the suggestions of the en- losed letter, you are not compelled O sell the liquor in Arizona. but may, .fter the time given in your notice eX- ,ires and no claim has been filed and )ond given, secure directions from he department as to what disposition it desires made respecting the goods, eized.
 Washington, D. C. April ,, 1916. Thomas A. Flynn, Esq,
 United States Attorney,
 Phoenix, Arizona.
 Sir:-Reccipt is acknowledged Of our letter of February 28, relative to certain questions arising in the en- orcement of Section 240 of the Grim nal Code.
 Your course with reference to li- Iuor shipped as baggage is approved. While the purpose of the section pes not contemplate the labelling of baggage containing a small amount of iquor for the use of the owner, its language it is very broad and Undobut edly covers any attempt to use the baggage privilege for supplying blind tigers.
 The provisions referred tS in the Section 240 as dealing with the seiZ- Ire and forfeiture of property i'm ported into the United States con trary to law are R, $. Section 939 and Sections 3075 ct seq. The department agrees with you hat liquor forfeited in a prohibition state should not be sold in that state. When liquor is forfeited in a prohibit tion state or a violation of the GUS soms laws, the treasury department takes it outside such state and sells it in wet territory. This is done, in cases where the property is worth jess than S50O.0O, without any order of court. The department sees no objection to your following this method in the event no claim or objection is filed.
 Respectfully,
 For the Attorney General,
 E. MARVIN UNDERWOOD,
 Assistant Attorney General. This office will be pleased to further assist you in enforcing this statute, and from the report we have receiv- ed as 10 shipments in violation of Sec. 2iO. there has been very large quan- tity of liquor shipped into Arizona m utter disregard of this law.
 m'aware of no law of the State of Arizona subjecting such shipments 10 forfeiture an dseizure. and l have reliable information that nearly all of