Evening star., 1923-12-31


domeStics, and in reply thereto say
that this privilege is administered by
the Department of State and not by
the Treasury Department, under Sec
tions 1868, 4064 and 4065 of the re-
vised statutes of the United States
and sections 6 and of Treasury de-
cision 34S4, dated June ., 1923, and
L am attaching hereto a copy of the
statutes and Treasury decision to
which reference is made
From these statutes and regula-
tlonS you Will see that the Treasury
Department has no active function in
the premises, as it neither authorizes
the importation, purchase, sale or
transportation of diplomatic liquors
and 1t cannot under the law in any,
wise interfere with them SO long as
they are in the hands of duly ac-
credited representative of a foreign
country or one in his employ. duly
registered with the Department of
State, and when such liquors are
found in lawful hands. and not being
in anywise unlawfully diverted or
used, the officials of the Treasury
Department do not interfere with
them.
However. this bureau holds that
nothing contained in this privilege
authorizes the sale. gift or other dis
trfbution of diplomatic liquors for
beverage purposes, the rights and
privileges of the representatives of
foreign countries in this respect he
ing confined to their families and
bona fide guests, analogous to the use
OF domestic liquors owned and pos
sessed at the time of the adoption of
the eighteenth amendment. as au
thorized by section 33 of the ma
tfonal prohibition act This bureau
VIII not hesitate to make inquiry
upon sufficient ground, as to any un-
lawful act in relation to diplomatic
liquors at any time or place
'It should be said in this connec-
tion that DR.. Venceslas SokoIowski.
secretary of the Polish legation, is
duly registered with the Department
or state as an accredited member OF
that legation
The regulations covering diplomatic
exceptions as sent 10 Representa.iy
Davis by Commissioner Blair state
that on June 4, 1928. the office of
commissioner of internal revenue is
sued the following Instructions. in
part, to federal prohibition directors
and others concerned:
Section s. No seizure shall be made
of liquor in the possession of anv
person in the following classes (see
letter. of February 10. 1923, from the
the House of Representative as pub
lished in the Congressional Record of
February 10, 1929:
"(a) Diplomatic officers duly ac-
credited by a foreign government to
the government of the United States.
"(b) Diplomatic officers of a foreign
government duly accredited to an
other foreign government and tenn
porarily within the United States or
its possessions.
"(c) Persons attached to or en-
ployed by any diplomatic mission,
whose names have been registered
80
cordance with the provisions of sec
tion 1868 of the revised statutes of
the United States.
Section Z. The division of customs
and the bureau of internal revenue
WILL from time to time. report to the
Department of State such information
and records regarding importations
into the United States. Withdrawals
from bonded warehouses and ship
ment of liquors belonging to persons
in the classes mentioned in the last
section as come to the knowledge of
such division or bureau"
Copies Of Statutes.
The old statutes, copies of which
commissioner Blair submitted to Rep
resentative Davis, are as follows:
Section 4063, r. S. tprocess against
ministers and their domestics void).
Whenever any writ or process is sued
out or prosecuted by any person in
any court in the United States or of
a state or by any judge or justice
whereby the person of any public
minister of any foreign prince or
state authorized and received as such
by the President or any domestic or
domestic service of any such minis
| ter is arrested or imprisoned or his
goods or chatels are distrained, seized
or attached, such writ or process shall
be deemed void.
Section 4O64 r. S. (penalty for
sueing out or executing such pro-
| cesS); Whenever any writ or process
| is sued out in violation of the pre-
| ceeding section. every person by
whom the same is obtained or prose-
| torney or solicitor, and every officer
| concerned In executing it shall be
deemed q violator of the laws of ma
tions and a disturher of the public
repose, and shall be imprisoned for
not more than three years and fined
at the discretion of the court.
| Section 4065, r. S. (when process
may be issued against persons in
| service of ministers). The two pre-
| ceding sections shall not apply to any
| case where the person against whom
| the process is. issued is a citizen or
| inhabitant of the United States, in
| the service of a public minister, and
| the process is founded upon a debt
contracted before he entered upon
| such service, nor shall the preceding
sections apply to any case where the
| person against whom the process Is
| issued is a domestic servant of q pub
| lie minister, unless the name of the
servant has, before the issuing there
| of, been registered in the Department
of State and transmitted by the Sec
retary OF State to the marshal Of the
| District of Columbia, who shall upon
| receipt thereof post the same in some
| public place in his Office"
/