Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-29
TEXT OF HOWELL'S DRY BILL
Measure Is Supplemental National Prohibition Law for
d. c. Except Where it Is Inconsistent With
Provisions of Act

tating the transports ton, of liquor In
violation Of law, together with all liz
uor found therein, shall be forfeited to
the United States and may be seized by
any OF the officers enumerated in sec
ton 26, title II, of the national pro-
htbition act, or by any police officer OF
the said District: Provided, that the
finding of liquor in any vehicle shall
be prima facie evidence that it was UNI
lawfully possessed or transported there
in. All property so seized shall be pro-
ceeded against by libel for forfeiture.
Upon the filing of such libel the We
hicle Rdy in the discretion OF the court
be returned to the owner upon the exc
cutlon by him Of good and valid bond,
with sufficient suret4cS, in sum double
the value of the property, which said
bond shall be approved by the United
States attorney and shall be- condI-
toned for the return OF the vehicle to
the custody of the United States mar
shall on the day Of trial to abide the
judgment of the court.
Upon finding that the material ale
cations Of the libel are true, the court
shall order the liquor destroyed and,
unless good cause to the contrary is
shown by the owner, shall order a sale
by public auction Of the vehicle seized.
The oficer making the sale, after de-
Quoting the expenses OF keeping the
property and all other costs incidental
to the libel proceedings, shall pay, &C
cording to their priorities, all liens which
are established by intervention in said
proceedings as being bona flde and as
having been created without the lienor
having any notice that the vehicle was
being used, or was to be used, Tor the
illegal purposes hereinbefore mentioned,
and shall pay the balance of the pro-
ceeds into the Treasury of the United
States as miscellaneous receipts. All
liens against property sold under the
provisions of this section shall be trans
ferred from the property to the pro-
ceeds of the sale of the property.
Section IL. That, in lieu Of ordering
the sale of any forfeited vehicle as au-
thorized and required by the last pre-
ceding section, the court may, upon APP
plication of the United States attorney,
order said vehicle delivered to the Com
missioners of the District of Columbia
or to the Secretary of the Treasury for
use in the Enforcement of this act, OF
the national prohibition act and OF any
other law of the United States relating
to the manufacture or taxation OF or
traffic in intoxicating liquor; and, upon
the request of the Commissioners OF
the District of Columbia the Secretary
of the Treasury is hereby authorized 10
turn over to the said Commissioners,
for use in the enforcement OF said laws
in the District of Columbia, any vessel
or vehicle delivered to the said Secre-
tary pursuant to the provisions OF the
act of MarcU 3, 1925 chapter 43S.
The amo'sat of all liens allowed by
the court lRoon vehicles forfeited and
delivered for official use under this act,
together with the costs incident to their
seizure and forfeiture, shall be payable
from the appropriations for the en-
forcement of the laws under which the
forfeiture was had. The cost Of main
tenance, repair and operation OF said
vehicles shall be paid from the appro-
priations for carrying out the lays IN
the enforcement of which the vehicles
are used.
Vehicle Report Mandatory.
It shall be the duty of the Commits
sioners Of the District Of Columbia and
of the Secretary of the Treasury to
submit to Congress each year in the
budget report setting forth, with ref
erence to all vehicles acquired by them
under this section, the items specified
in the first provisio, to section OF the
aforesaid act of March 3, 1925. Any
Of this section shall. when no longer
needed for oficial use, be disposed OF
ir the same manner as other surplus
property.
Section IS. That the power and pro-
lection afforded by section %, Title II,
of the national prohibition act shall
extend to and be vested in all officers
engaged in the performance Of any
duty imposed BY this act.
4
scribed by the national prohibition act,
as heretofore supplemented and amend
ed, shall, except as herein otherwise
provided, apply to offenses against that
act committed within the District OF
Columbia: Provided, however, that
where liquor is sold to minor, the
minimum penalty shall, for first Of
tense, te a fine Of $500 and impriBor1-
ment for three months, and for a sec
So. 900 and imprisonment for one year.
whoever in the District Of Columbia
delivers or furnishes to a minor intoxi-
eating liquor for beverage purposes uTl-
der circumstances not constituting a
sale thereof shall, for a first offense, be
fined not less than $500 nor more than
81 900 and be imprisoned for not less
than 80 days nor more than three
months; for second odense, be flned
not less than $500 nor more than $4,000
and be imprisoned for not less than
three months nor more than one year,
and for any subsequent offense be fined
not less than $4,000 nor more than
SIS, 900 and be imprisoned not less than
one year nor more than three years.
All Imprisonment for not more than
one year imposed under this section
shall be served in the District Jail or
Work House.
Any physician or pharmacist within
the District of Columbia who shall be
convicted of a second violation Of any
provision Of the national prohibition act
requiring him to do or to abstain from
doing any act III his capacity as SUCH
physician or pharmacist shall forfeit
| his license to practice his profession
within the said District for the period
of one year: and toe court before whom
such conviction Q had shall cause a
certified copy of me Judgment Of con-
victiCn to be transmitted to the board
having authority to issue licenses to
practice medicine or pharmacy in the
District Of Columbia.
$1,000 Evidence" Fund Allowed.
Section IS. There is hereby author
ICED to be appropriated the sum OF
| 81, 1000 for the use OF the Commissioners
| of the District of Columbia as a rotating
| fund, in accordance NTH the provisions
OF this act, in obtaining Evidence OF
Uioldtions OF this act and OF the ma
tional prohibition act. Out OF the dp-
preparation made under authority Of
| this section the disbuTstng Officer OF the
District of Columbia Is authorized to
Advance to the chief clerk, Metropolitan
Police Department, upon acquisitions
previously approved by the auditor Of
| the District OF Columbia, and upon such
4, security as the Commissioners may re :
Quire OF said chief clerk, sums OF money
not to exceed $500 at any one time, to
be used for expenses incurred in obtain
! ing information leading to the arrest