The Penn's Grove record., 1922-02-17
Hobart Enforcement Bill ModifieS
the United States Search
and Seizure Law.
WARRANTS FOR ARRESTS
House Measure Requires knowledge
Liquor Can Be Bought-Veto Of
Powell Bill Adds Fuel to Ma
tional Guard Fire.

NV AAphSh NAAh AAN $3.50
zure clause vastly modified, made its
appearance in the house.
The measure had the proper sigma
ture and the approval of the senate
and house conference committee and
is accepted as the measure TO go
through the legislature.
While the search and seizure fea-
lures of the proposed statute follow
the Volstead act, there is a big de
parture from that federal statute in
that 1t requires personal and positive
knowledge Of the presence of liquor
for sale In a residence before a war
rant can safely be issued.
Trial by Jury Now
Trial by jury is the ssence of the
act, In conformity with the belief of
the Court of Errors and Appeals that
this is necessary to make a constitu-
tional statute.
The bill makes no reference to the
~non-beverage use of intoxicating
LIQUORS, as that was covered last year
In a separate bill, which it is proposed
to amend in such particulars as may
be necessary by reason Of the decision
of the Court of Errors and Appeals.
This act is the Elliott law making
rules for communion wines.
In detail the proposed Hobart law,
which displaces the act presented to
the conference by the Anti-Saloon
League, is as follows;
The first act defines the terms
liquor and Intoxicating liquor, as al
cohol, brandy, whisky, rum, gin, beer,
ale, porter, wine and any spirituous,
malt, brewed or fermented liquor or
mixed liquor which contains u per
cent or more alcohol by volume which
are used for beverage purposes.
1t mentions by name all liquids, ad-
mixtures or compounds, whether medi-
Gated, proprietary, patented or not, by
whatever nam called, which contain
~ per cent or more of alcohol by vol
ume and which are fit for beverage
purposes. 1t gives the common defni-
tions 81 such uses of names and ends
with defining a private dwelling as
one which is constructed for the pri-
waite occupancy of a person or family.
Going into the body of the act, the
Hobart law first says that the purpose
of the law is to prevent the barter, or
the sale, transportation, export or de
livery of intoxicating liquors to any
one, provided that nothing in the act
shall be construed to prevent any per-
son from keeping, carrying, conveying
or Transporting lawfully acquired liq-
uor into, through or within the state
while such person is in the act of
changing his residence, and provided
further that nothing in the act shall
run against a man dispensing liquor
lawfully acquired in his own house to
his lawful guests.
Hits at Bootleggers
1t is made unlawful to advertise
where liquor is to be obtained and
billboard advertisements are forbid
den.
B%ootleggers are hit by making their
trade in all things unlawful. Leases
are to be forfeited on five days notice
when lessees violate the law. The own
err may enter on the premises and
throw the lessee out in the street. Any
liquor found IN such public places can
be confiscated and all bar fixtures for
feited to the state, but before a search
of the premises may be made one must
have positive knowledge that such pri-
waite dwellings are being used for or
in connection with the unlawful sale
of Intoxicating liquor.
Should any officer search such pri-
waite dwelling without warrant based
on personal knowledge that liquor Is
being sold on the premises, such
search shall constitute q m~isdemeanor
and be punishable accordingly, and on
conviction the officer shall be fined ST.
O0J for the first offense and said fine
and one year in state prison for the
second offense. Similar fines await
any one who falsely impersonates an
officer.
Up to Magistrate
A clause of procedure in the act re-
quires the magistrate to examine all
witnesses under oath before issuing
warrants of search, and insist that the
magistrate shall be satisfied in every
particular that the witnesses have alb
solute knowledge of the presence of
liquor on the premises for sale before
the magistrate shall issue the warrant
of search.
Power to break in is given with
such warrant, but only in the daytime
unless the property to be seized is
described in the application, when the
warrant can be issued for search any
time during the twenty-foUr hours.
Manufacturers or sellers of liquors
shall be guilty Of a misdemeanor
punishable, when convicted by jury,
to not more than six months IN prison
or a fine of $1,000. Second offenses
are punishable by fines of not less
than 500 or more than six months
Imprisonment and for subsequent Of
lenses not less than three months or
than two years and not less than
$500 fine.
The act further provides that no
: person shalt be excused from testify