Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-04-15

one hundred and sixty-seven of the
public laws of nineteen hundred and
amended by striking out of said sec
ton, the clause, land the, failure Of
any person so transporting intoxi-
eating liquor to exhibit such permit
when requested to do so. by any duly
ua e eo ofef eh the Xtn 'es
tn to's be en prma faci tl' evidence ' that
no such permit exists" and sub,
stituting therefor the following!
this this section it shall not be incumbent
on the state to allege and prove that
the respondent did not possess such
a permit so that said section, as
amended. shall read as follows:
ingly transport into this state or
from place to place therein any in
toxicating liquor. or aid any person
in such transportation without being
in possession of a permit therefor.
ferred by the provisions of the ma
tional prohibition act of October
twenty-eight. nineteen hundred and
nineteen. and amendments thereto.
providing for the enforcement of the
eighteenth amendment to the con-
stitution of the United States; and in
any prosecution under this section it
shall not be incumbent on the state
to allege and prove that tRe respon-
dent did not possess suchNa permit.
Whoever violates the provisions of
this section shall be fined not less
than three hundred nor more than
six hundred dollars and costs, and in
addition thereto. shall be imprisoned
for not less than three months nor
more than six months, and in default
of payment Of fine and costs shall be
imprisoned for six months addi-
tional; provided, that If the person so
convicted shall have been thereto
fore convicted of a violation of any
of the provisions of this chapter he
shall be fined not less than five hum
bred. nor more than one thousand
dollars and costs. and in addition
thereto shall be imprisoned not less
than six months nor more than one
year and in default of payment of
said fine and costs shall suffer inn
prsonment for six months addi-
tional'
See 2. Section one of chapter two
hundred and ninety-four of the pub
lie laws of nineteen hundred and
seventeen as amended by chapter
sixty-three of the public laws of
nineteen hundred and twenty-one
and by chapter two hundred and
four of the public laws of nineteen
hundred and twenty-three. is hereby
further amended by adding thereto,
the following words: Tn any pro-
ceeding under this section it shall
not be incumbent on the state to
allege and prove that such person
was not in possession of such per-
nit so that said section, as
! amended. shall read as follows:
! Sec. l. All automobiles. trucks,
wagons, boats or vessels and vehi-
cles of every kind. not common car
/ riers. containing intoxicating liquors
| intended for sale or containing in
toXicating liquor in the possession of
or in the control of any person
! transporting the same without being
/ in possession of a permit therefor
duly issued under authority by the
provisions of the national prohibition
act of October twenty eight. nineteen
hundred and nineteen. and amend
! ments thereto. providing for the en-
! forcement of the eighteenth amend
ment to the constitution of the
United states. found within the state
| in the possession or in the control of
any person, shall he seized by any
officer Selling the liquors transported
| therein. shall he libeled as is pro-
vided for the libeling of Intoxicating
| liquors and the vessels in which they
are contained under chapter one
! hundred and twenty seven of the re-
! vised statutes. and shall be declared
| forfeited by the court and sold in the
| same manner as is provided for the
| sale of vessels containing intoxi-
! eating liquors. In any proceeding
under this section 1t shall not be in
cumbent on the state to allege and
| prove that such person was not in
possession of such permit - APP
proved April ..