New-York tribune., 1919-06-27
Gard War Time Enforcement Act
Provides Penalty and Injunction

| building or property for any violation
of the war prohibition, which said
lien shall attach from the time of serv-
ice Of summons on the owner or his
agent; and any such lien may be es-
tablished and enforced by legal action
instituted for that purpose in any
court having jurisdiction.
"Scction 4.-That the United States
Attorney for the district where such
nuisance as is defined in this act ex-
lists, or any officer designated by him
or the Attorney General of the United
States, may prosecute a suit in equity
in the name of the United States to
abate and enjoin the same. Actions in
equity to enjoin and abate such nuis-
ances may be brought in any court hav-
ing jurisdiction of the courts of the
United States under this section shall
| be concurrent with that of the courts
OF the several states.
Provides for Injunction
eff it be made to appear by affidavit
OR other evidence under oath to the
satisfaction of the court, or judge in
vacation that the nuisances complained
of exist, a temporary writ OF injunc-
tion shall forthwith issue, restraining
the defendant or defendants from
conducting or permitting the continu-
ance of such nuisance until the con-
clusion Of the trial. Where tempo
rary injunction is prayed for the court
defendants and all other persons from
removing or in any way interfering
! with the liquor or fixtures, or other
things used in connection with such
alleged illegal sale of such liquor. No
, bond shall be required as condition
for making any order or issuing any
writ of injunction under this act.
"lf the court shall find the property
involved was being unlawfully used as
aforesaid, at, or about, the time al
legged in the petition, the court shall
bartered, or stored in such room,
house, building, boat, vehicle, struc-
ture or places Of any kind, for period
OF not exceeding one year, or during
the war and the period Of demobilza-
tion.
whenever an action to enjoin
nuisance shall have been brought
pursuant to the provisions of this act,
IT the owner appears and pays all costs
with surcties to be approved by the
clerk Of the court in which the action
is brought, in the full value of the
property, conditioned that he will i'm
mediately abate said nuisance and pre-
vent the same from being established
or kept therein period of one year
thereafter, the court, OF in vacation
the judge, may, if satisfied of his
good faith, direct by appropriate order
that the property, if already closed
or held under the order of abatement,
be delivered to said owner, and said
order of abatement cancelled, so far
as the same may relate to said prop
erty;
cor if said bond be given and costs
therein paid before judgment on an
order of abatement. the action shall be
thereby abated as to said room, house,
building, boat, vehicle, structure, or
ty under the provisions of this section
shall not release it from any judgm ent,
lien, penalty or liability to which it
may be subject by law.
I'm the case of the violation of any
injunction, temporary or permanent,
granted pursuant to the provisions of
this act, the court, or in vacation a
judge thereof, may summarily try and
punish the defendant. The proceed
lngs, for punishment for contempt
shall be commenced by filing with the
clerk of the court from which such
injunction issued information under
oath setting out the alleged facts con-
shutting the violation, whereupon the
court or judge shall forthwith cause
warrant to issue under which the de-
fendant 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 un-
der the provisions of this section
shall be punished by 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.
Wide Power for Officers
"Section 5. That the Commissioners
of Internal Revenue, his assistants.
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 en-
1orcement of the war prohibition act
or any provisions thereof which is
conferred by law for the enforcement
Of existing laws relating to the manu-
facture or sale of intoxicating liquors
under the laws of the United States.
"Section 6. That 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.
Section Z. That none of the provi-
sions Of this act shall be construed to
limit or annul any order or regulation
prohibiting the manufacture, sale, or
disposition of Intoxicating liquors
within certain prescribed zones or dis
tricts, nor shall the provisions of this
act be construed 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 to law,
prohibiting the manufacture, use. pos
session, sale or other disposition of
Intoxicating liquors during the period
Of tn. war and rehabilitation there
after"