Evening star., 1923-06-23

amount is allowed by the laws OF the
foreign country. the officers of the
United States public health service
are instructed to make proper in
and make such allowances as are rea-
sonably necessary for medicinal pur-
poses only,
Order Seizure Made.
"All liquors found within the terri
torial waters of the United States and
not coming strictly within this pur-
view are subject to seizure and you
Will Immediately make seizure there
of. duly list the same, and turn over
to the prohibition officers at the port"
Indications that the authorities in
New York might be debating the
newed speculation in diplomatic and
other quarters here as to how far the
American government might find
itself called upon to go in applying
the confiscatory clause of the VOL
stead act. This clause prescribes that
vessels Illegally transporting intoxi-
cants shall be seized" and that the
officer making the seizure shall ar
rest any person in charge thereof"
At the Treasury 1t has been said
that, despite this phrasing Of The act,
only IAN extreme construction of the
law" would make it necessary to
confiscate any foreign liners or ar
rest its captains. At the same time
legal experts elsewhere In the gov
ernment service are known to have
held that the confiscatory section of
the law. which was upheld some
months ago by federal district
court, makes confiscation and arrests
mandatory.
Authorized by Act.
The language referred to, which
has been invoked many times in the
seizure of rum runners. is contained
M fha nIg
is as follows:
When the commissioner COT in
ternal revenue), his assistants, in
spectors. or any officer of the law
shall discover any person in the act
OF transporting in violation of the
law Intoxicating liquors in any
wagon, buggy, automobile, water or
aircraft, or other vehicle, 1t shall be
his duty to seize any and all intoxi-
eating liquors found therein being
transported contrary to law.
Whenever intoxica ting liquors
transported or possessed illegally
snail be seized by an officer he shall
take possession of the vehicle and
team or automobile. boat. air or water
craft, or any other conveyance. and
snail arrest any person in charge
thereof.
Such officer shall at once proceed
against the person arrested under the
provisions of this title in any court
iio ih6 SoiHpClchl JuIlSulCllOH, out the
said vehicle or conveyance shall be
returned to the owner upon execution
by him Of good and valid bond,
with sufficient surety. in a sum double
the value of the property, which said
bond shall be approved by said officer
and shall be conditioned to return
said property to the custody of said
OFFICER on the day of trial to abide the
Judgment of the court.
The court, upon conviction Of the
person so arrested, shall order the
liquor destroyed, and unless good
cause to the contrary is shown by
the owner, shall order sale by public
auction of the property seized, and the
officer making the sale, after deducting
the expenses of keeping the property
the fee for the seizure and the cost of
the sale, shall pay all liens, according
to their prioritfes, which are estab-
lished. by Intervention or otherwise,
at said hearing or in other proceeding
brought for said purpose, as being
bona fide and as having been created
without the lienor having any notice
that the carrying vehicle was being
used or was to be used for illegal
transportation of liquor, and shall
pay the balance of the proceeds into
the Treasury of the United States as
miscellaneous receipts"