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PROPOSED AMENDMENT TO FEDERAL CONSTITUTION

Joint resolution proposing an amendment to the Constitution of the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each house concurring therein). That the following amendment to the Constitution be, and hereby is, proposed to the states to become valid as a part of the Constitution when ratified by the Legislatures of the several States as provided by the Constitution:

ARTICLE "SECTION 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

"Sec. 2 The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation,

“Sec. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the Legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.”

FEDERAL STATUTES

ARMY CANTEEN Sec. 38. The sale of, or dealing in, beer, wine or any intoxicating liquors by any person in any post exchange or canteen or army transport or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to carry the provisions of this section into full force and effect. (31 Stat. L. 758.)

PROHIBITION ENFORCEMENT IN INDIAN COUNTRY

(Act of Jan. 30, 1897. ch. 109, 29 Stat. L. 506.) That any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the government, or to any Indian a ward of the government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale and wine or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, *** shall be punished by imprisonment, etc.

AMENDMENT TO INDIAN LAW For the suppression of the traffic in intoxicating liquors among Indians, $150,000: Provided, That automobiles or any other vehicles or conveyances used in introducing or attempting to introduce intoxicants into the Indian country, or where the introduction is prohibited by treaty or Federal statute, whether used by the owner thereof or other person, shall be subject to the seizure, libel and forfeiture provided in section twenty-one hundred and forty of the Revised Statutes of the United States.

PROHIBITION IN NATIONAL CAPITOL SECTION 34. That no intoxicating liquor of any character shall be sold within the limits of the Capitol buildings of the United States.

PROHIBITION OF SALE OF INTOXICATING LIQUORS

AT IMMIGRANT STATIONS SECTION 30. That no intoxicating liquors shall be sold in any such immigrant station; that all receipts accruing from the disposal of such exclusive privileges as herein provided shall be paid into the United States Treasury to the credit of the immigrant fund provided for in Section 1 of this act. (32 Stat. L. 1220.)

SALE OF INTOXICATING LIQUORS IN CERTAIN ISLANDS

OF THE PACIFIC FORBIDDEN That any person subject to the authority of the United States who shall give, sell or otherwise supply any arms, ammunition, explosive substance, intoxicating liquor, or opium to any aboriginal native of any of the Pacific Islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude and the one hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, shall be punishable by imprisonment not exceeding three months with or without hard labor, or a fine not exceeding $50, or both. And in addition to such punishment all articles of a similar nature to those in respect to which an offense has been committed found in the possession of the offender may be declared forfeited. (Act of Feb. 14, 1902, ch. 18, 32 Stat. L. 33.)

EVADING TAX PENALTY SECTION 3256. Whenever any person evades, or attempts to evade the payment of the tax on any distilled spirits, in any manner whatever, he shall forfeit and pay double the amount of the tax so evaded or attempted to be evaded. (Sce Sec. 3296, P. 197.) The penalty of double the amount of the tax imposed by Sec. 3256 is not assessable. and should not be imposed and collected by a collector but should be recovered by indictment or other form of action. (T. D. 858.)

SOLDIERS' HOME CANTEEN That on and after the passage of this act no license for the sale of intoxicating liquor at any place within one mile of the Soldiers' Home property in the District of Columbia shall be granted. (Act of Feb. 28, 1891, ch. 385, 26 Stat. L. 797.)

LAWS REQUIRING CERTIFIED COPY OF LISTS OF

PAYERS OF LIQUOR INTERNAL REVENUE TAX

SECTION 3240. Each collector of internal revenue shall, under regulations of the Commissioner of Internal Revenue, place and keep conspicuously in his office, for public inspection, an alphabetical list of the names of all persons who shall have paid special taxes within his district, and shall state thereon the time, place and business for which such special taxes have been paid, and upon application of any prosecuting officer of any state, county or municipality he shall furnish a certified copy thereof, as of a public record for which a fee of one dollar for each one hundred words or fraction thereof in the copy or copies so requested may be charged.

WILSON LAW, REGULATING INTERSTATE COMMERCE

IN INTOXICATING LIQL'OR That all fermented, distilled or other intoxicating liquors or liquids transported into any state or territory or remaining therein for use, consumption, sale or storage therein shall, upon arrival in such state or territory, be subject to the operation and effect of the laws of such State or territory enacted in the exercise of its police powers to the same extent and in the same manner as though such liquids or liquors had been produced in such state of territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (Approved, August 8, 1890.)

ACT RELATING TO DELIVERY. LABELING AND C. O. D.

SHIPMENTS OF INTOXICATING LIQUOR SECTION 238. Any officer, agent, or employee of any railroad company, express company, or other common carrier, who shall knowingly deliver or cause to be delivered to any person other than the person to whom it has been consigned, unless upon the written order in each instance of the bona fide consignee, or to any fictitious person, of to any person under a fictitious name, any spirituous, vinous, malted: fermented, or other intoxicating liquor of any kind which has been shipped from one state, territory or district of the United States, or. place noncontiguous to but subject to the jurisdiction thereof, into any other state, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any state, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall be fined not more than $1,000, or imprisoned not more than two years, or both.

Sec. 239. Any railroad company, express company, or other common carrier, or any other person who, in connection with the transportation of any spirituous, vinous, malted, fermented or other intoxicating liquor of any kind from one State, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall collect the purchase price or any part thereof before, on, or after delivery from the consignee, or from any other person, or shall in any manner act as the agent of the buyer or seller of any such liquor, for the purpose of buying or selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be fined not more than $5,000.

SEC. 240. Whoever shall knowingly ship or cause to be shipped from one State, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, any package of or package containing any spirituous, vinous, malted, fermented or other intoxicating liquor of any kind unless such package be so labeled on the outside cover as to plainly show the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined not more than $5,000; and such liquor shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.

Approved, March 4. 1909,

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