The Birmingham age-herald., 1919-02-22
FEDERAL AND STATE LAWS IN ACCORD ON PROPERTY SEIZURE
 IN LIQUOR CASES
Unique Features of COlias Case May Bring On Con- flict of Jurisdiction In
 COnfiscatiOn of
 Property
Fly w. J. BOLES

In connection with the discovery and seizure of the Colias distillery on Sec ond avenue a few days ago a very pret- ty law question has arisen. Both the federal law and the state law provide for the forfeiture of all property, in' cludng real estate and improvements, used in connection with the manufacture of prohibited liquors, and herein lies the point of possible controversy between state and federal authorities.
 Under the American system of goyern- ment, as originally construed by the Uni ted States supreme court, all rights fot specifically granted to the federal govern ment are retained by the respective states comprising the union.
 This view was consistently upheld by the United States supreme court up to the Civil war period. Following the col lapse of the Confederacy and the enact ment of laws by Congress broadening the scope of federal Jurisdiction the su- preme court gradually broadened their views and extended federal Jurisdiction to subjects hitherto deemed exclusively within the control of the state.
 Amendment after amendment was added to the federal constitution giving the federal government greater power and the states. Among the acts of Congress, which strict construction advocates ably protested, was that of July 20, 1868, re- passed on June 6, 1872 and again with amendments on February s, 1875, giving to the federal government control of the liquor distilling and vending business through licensing system and providing for drastic procedure and punishment for violation of it's provisions.
 VALIDITY UPHELD
 This act, the validity of which has been upheld by the United States supreme court in long line of decisions, treat ing with it's various phases, provides for the forfeiture of all property, wheth- CT personal or real, used or occupied in the manufacture of liquors in viola tion of it's provisions. The recent act passed by the state legislature makes the same provisions, the Alabama act following in substance the provisions of the federal act "
 The discovery of the Colias distil- lery, operating without federal license was made by city police officers and the arrest and seizure by them in connection with representatives of the United States internal revenue collectors office in Bir- mingham.
 Under the federal constitution and the decisions of the United States supreme court the federal laws take precedence where both treat of the same subject and persons violating these laws when apprehended are first handled by the federal authorities unless. by agree ment, the state is given the first right If this holds true in the present case then Colias must be tried by the federal court and property seized disposed of un- der the federal law.
 The federal act provides that the pro- ceeds of the property, both real and personal, when sold, must be turned into the federal treasury. The so-called bone dry act recently passed by the Alabama legislature provides. in section 12, that "The proceeds (of the sale of real estate) shall be paid into the state treasury as a law enforcement fund and the gov ernor may draw on same or employ the same to bear expenses of enforcing laws as authorized by this act" There is nc provision here for distributing the pro ceeds among the officers making the ar rest and seizure and the county ano city, as is generally believed.
 SEIZURE OF VEHICLES
 Section 31 which relates to automo- piles and other vehicles used in convey ing prohibited liquors contains provision to the effect that upon condemnation and sale of such vehicles. animals har. ness etc., the proceeds thereof shall bt paid, one- fourth to the officer making tht seizure and furnishing the proof, etc. and the remainder of the proceeds tt | to tra oc,vv-v fn he lIq and applied for the enforcement of thu state laws under the supervision of tht governor.
 Unless there is some other law makins provision for the distribution of the pro- ceeds the officials making the arres and seizure, if the state is permitted tt prosecute the case, will be entitled tt only so much of the proceeds as thu governor may determine upon. Asked for a statement yesterday Erl' Pettus, United States attorney for thu northern district of Alabama said he die not care to discuss the matter at pres ent, that he had not gone into the ques tion of Jurisdiction, and was not prepared to say whether he would be willing tt step aside while test of the Alabama law is being made
 From other sources it was learned tha the federal authorities might be willint for the state to make test or the Colla. case, but they would not entirely relin quish control of it.
 The federal act relating to the sub ject follows:
 FEDERAL STATUTE Federal status annotated, second edi tion O917): Section 32S1. Carrying or distillery without giving bonds. etc. Pen alty-Every person who carries on th' business of a distiller without having given bond as required by law. or who en gages in or carries on the business of { distiller with intent to defraud the Uni (COntinued on Page Eight)