The L'Anse sentinel., 1919-02-21
NEW DRY BILL IS
ROUCHEST YET.

A prohibition bill SO drastic that
members Of the dryest Michigan leg
islature on record are beginning to
wonder whether it should be passed,
was introduced last Friday by Rep.
Lynn ]. Lewis Of Bangor.
It woud permit any peace officer to
make searches and seizures without a
search warrant. He could search any
thing from suitcase to warehouse,
so long as he had personal knowledge
or reasonable information that it con-
tanned liquor. The only exception
would be building exclusively used
as a private residence.
It would permit officers to seize and
sell for the benefit of the state any
automobile, horse, wagon, airplane,
boa or submarine in which liquor il
legally possessed might be found. Un-
der this clause only vehicles of COM
mon carriers are exempt from confis-
cation. A $1,00O,0O0 private yacht,
tied up at a dock, might be taken be-
cause pint of whiskey was found in
the owners stateroom.
Housewives would be required to
make written, dated and signed appli-
cations whenever they purchased flaw
oring extracts, and the grocer would
find it necessary to keep a record of
such sales.
The penalty for a first violation
would be changed from fine of 5000
or Imprisonment in the county Jail for
GO days, to a maximum of $1,000 or
one year in any penal institution of
the state. The definition Of this crime
as a misdemeanor would be removed
from the present act, and no defini-
tion put in its place, so that the courts
would have to decide whether it would
be a felony.
The definition of the phrase "intox-
icating liquors" would be so broadened
as to include everything that may be
used as beverage or mixed into a
beverage that "will produce intoxi-
cation" The manufacture of cider
"for the purpose of making vinegar"
would still be permitted and no meth
cd provided for distinguishing cider
intended for this use from that made
to be imbibed as substitute for the
distillate of rye.
Possession of intoxicating liquors
in any place except a building used
exclusively as private residence
would be prima facie evidence of the
keeping of place where intoxicating
liquors are sold in violation of the
act.
The board of state auditors would
be made the states agent in dispos-
ing of liquors confiscated under the
provisions of the law and would be
permitted to distribute them to state
hospitals and other state institutions
needing them for medicinal use.
The state and drug commissioner
would become public auctioneer for
sale of automobiles, horses, carriages,
airplanes, yachts, launches and al 9TH
er vehicles or receptacles in which in
aoxicating liquors might be found.
The money from these auctions would
be turned into the general fund of the
state.
Lawyers about the capitol are of
the opinion that the constitutional
provision against unreasonable search
es and seizures would justify the own
er Of "a confscated automobile in go
ing to court to find out whether his
property had been taken from him by
due process of law and to test the val
idity of this whole section Of he act.
| Scores of suits have been instituted
under the Wiley law, which Rep. Lew
ISIS bill would amend, to test the con-
stitutionality of its search and seiz-
ure clauses. Few of them have been
decided because lawyers and courts
are waiting action by the Michigan
Supreme Court on the Marxhausen
case, which raises the questions in
volved in the others.
| The bill was drawn by Walter Fos-
ter, attorney for the Michigan Anti
Saloon League, following suggestions
Of Fred L Woodworth, state food and
drug commissioner.