Evening star., 1933-12-24


either to approve or reject the applies
large business sections.
for the property specified and to bring
1t before the Judge or commissioner.
90 A search warrant may in all
cases be served by any of the officers
mentioned in its direction, but by no
other person, except in aid Of the off,
Ger on his requiring it, he being pres
ent and acting IN its execution.
(g) The officer may break open any
outer or inner door or window OF a
house, or any part Of house. or any
thing therein. to execute the warrant,
If. after notice of his authority and
purpose. he is refused admittance.
Day Search Prescribed.
(h) The Judge or commissioner must
insert a direction in the warrant that
it be served in the day time unless
the AFFIDAVIT Is positive that the prop
erty is in the place to be searched, in
which case, he must insert a direc-
ton that it be served at any time in
the day or night.
% A search warrant must be exc
cuted and returned to the judge or
commissioner who issued 1t within III
days after its date; after the expiration
of this time the warrant, unless exc
cuted is void.
D When the officer takes property
under the warrant, he must give copy
of the warrant together with receipt
for the property taken (specifying it in
detaiD to the person from whom 1t was
taken by him, or in whose possession
| II was found, or, In the absence OF any
person. he must leave 1t in the place
where he found the property.
(k) The officer must forthwith re-
turn the warrant to the judge or COM
missioner and deliver to him written
inventory of the property taken. made
publicly or in the presence OF the per
son from whose possession it was taken
and of the applicant for the warrant, II
they are present, verified by the atfi-
davit OF the officer at the foot OF the
inventory and taken before the judge
or commissioner at the time, to the fol-
lowing effect. u, r. s., the 0fticer by
whom this warrant was executed, do
swear that the above inventory contains
true and detailed account OF all the
property taken by me on the warrant"
Must Deliver Inventory.
ID The Judge or commissioner must
thereupon. If required. deliver copy OF
the inventory to the person from whose
possession the property was taken and
to the applicant for the warrant.
(m) The judge or commissioner must
annex the affidavits, search warrant,
return, inventory and evidence, and at
once file the same, together with a copy
of the record of his proceedings. with
the clerk of the Police Court.
(n) Whoever shall knowingly and
wilfully obstruct, resist, or oppose any
such officer or person in serving or at
tempting 70 serve or execute any sucn
search warrant, or shall assault. beat,
or wound any such officer or person,
knowing him to be an officer or person
so authorized, shall be fined not more
than 81 900 or imprisoned not more
than two years.
Gol If the accused be discharged the
beverages and other property seized
shall be returned to the person IN
whose possession they were found; II
he be convicted the said beverages, and
other property shall be forfeited, ana
NAV be destroyed by the police depart
ment or delivered for medicinal, me-
chanical or scientific uses to any de-
partment or agency OF the UnlCeo
States Government or the District OF
Columbia government or any hospltal
or other charitable institution in the
District of Columbia, or sold at public
auction. as the court may direct.
Lien Payment Prescribed.
(p) If any of said property 50 seized
other than the said beverages and the
containers thereof, shall be subject tc
a lien which is established by interven-
ton or otherwise to the satisfaction OF
the court as being bona fide and as
having been created without the lenors s
having any notice that said property
was to be used in connection with the
illegal manufacture for sale, keeping
for sale, or selling of alcoholic beVer-
ages, the court, upon the conviction OF
the accused, shall order a sale OF said
property at public auction and the Of
flcer 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 such liens ac-
cording to their priorities, and such
lien or liens shall be transferred from
the property to the proceeds OF the
sale thereof.
Million Revenue Seem
How much revenue would be brought
into the District Golfers by legalizing
hard liquor sales has not been calcu-
lated accurately, since the Commis-
sioners are awaiting decision by Con-
press as to both the District sales taxes
and the license fees. One rough esti-
mate last week, based on guess at
consumption and on a tax scale SIM
liar to that of Maryland. was that the
revenues would total more than ST.
600 900.
Belief is held by District oficials that
Congress will insist District taxes be no
higher than those in Maryland, where
the tax is 81 10 a gallon for hard liquor.
A tax OF 81 q barrel on beer Will be
suggested by the District. the same as
the present rate.
The Commissioners have considered
license fees as follows: Distillers, $4,000
year; wholesalers, $1,000; retailers
$500; hotels, 81 900; private clubs, $500,
and a separate monthly scale for pas
senger boats, railroad dining cars and
the special beer permits for special
gatherings.
The Commissioners. however. lett out
of the draft of the bill statements OF
both license fees and taxes.
3-Member Boards.
The Control Board would consist OF
three members to be named by the
Commissioners within 16 days after en-
actment Of the law. One member
would be a woman. Each would have
to be q citizen Of the United States and
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