Arizona republican., 1917-12-22

ILLICIT LIQUOR |SUNC[E SAM $
 FLYNN CLAIMS

Concerning the right of the govern ment to take any confiscated bootleg ger liquor and re-distill it for use in army hospitals or Red Cross work, there is no question, declares United States District Attorney Thomas A. Flynn Such ''pop-skulr' whisky &l- ready belongs to the federal govern ment, he insists
 In reply to an inquiry upon the part of Governor Campbell as to what legal steps might be taken by the United States government in connection with the acceptance, for re-distillation into pure alcohol of confisacted liquors seized under the prohibition law Of Arl- zona, the following letter was received | by Governor Campbell from the Hon | Thomas A Flynn, United States dis trict attorney: :.
 Relative to my recent conversation | with you respecting a possible and happy solution of the question of saliva | ton from utter destruction of the mis- cellaneous collection of ''pop-skulf whisky now detained by the various sheriffs of the state, please permit me to suggest that in my judgment most if not all of this booze is subject to for feiture to the United States under the | following:
 l Whoever shall knowingly ship or cause to be shipped from one state, ter ritory, or district of the United States, or place noncontiguous to but subject | to the jurisdiction thereof, into any state, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any state, territory or district of the United 1 states, or place nOn- contiguous to but subject to the jurisdiction thereof, any | package of or package containing any | spirituous, vinous, matted, fermented, or other intoxicating liquor of any kind, unless such package be so labeled on the outside cover as to plainly show ! the name of the consignee, the nature of its contents, and the quantity con- tained therein, shall be fined not more than five thousand dollars; and such liquor shall be forfeited to the United States, and may be seized and con- demned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to daw' g
 Sec. 240 P C. 1910
 This section went into effect Jan uary 1, 1910, and of course applies to all shipments made since that date
 Tt covers all shipments by freight T and express and has been held to cover also baggage shipments and interstate transportation by means of automo- piles. l doubt if it applies to instances of personal luggage containing books that leak
 The like proceedings for the for feiture of such liquors. referred to in this section, have reference to Secs n.1 Gf
 stance provide that where the value of the property shall not exceed the sum of five thousand dollars. the officer seizing the same shall post, publish and sell the forfeited goods that if the value exceeds the sum of five hundred dollars, report shall be made to the United States attorney who shall there upon bring forfeiture proceedings against the goods seized.
 The United States marshal has made many seizures for the above vio- latlons, and upon. instructions from the department has, shipped the forfeited hquoFs out or the state, as the govern ment did not care to exercise it's DOW CTS ot sale after forfeiture in view of the Arizona prohibition amendments.
 As to the liquors now held by the state officials which in addition to the Nloiatlon of the state amendments in volved in their introduction, have also been shipped in violation of the above section, why cannot the state tempo- raflly waive it's right to their destruc- ton and permit the United States marshal to seize them adding them to the collection he now has. and ask for instruction from the department to shin
 them to such point as the war depart ment may designate, for their redistil . lation?
 rms temporary waiver would insure the ultimate destruction of the liuuors , TOT beverage purposes, and in my opin. , Ion would accomplish the helpful mis- l, slon you seek for them.
 1 assure of course that no one in.
 strumental in the liquor shipments :. since the Arizona amendments have Y gone into effect, has observed the pro. 7 Nlslons of this section 240, the label.
 on our collection running the gamu e rom dry goods'-note that first word :, to or and petroleum A defense i, 7. the latter classes might.
 q o,. Sincerely yours,
 < '9iShed) THOMAS A. FLYNN.
 United States Attorney a -o-