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$1100. Penalties.

Section 9 provides:

That any person who violates or fails to comply with any of the requirements of this Act shall, on conviction, be fined not more than $2000 or be imprisoned not more than five years, or both, in the discretion of the court.1

This section prescribes punishment for violation of or a failure to comply with any of the requirements of the act.2 An indictment charging an unlawful sale under this act charges a violation of the act and the accused is subject to the penalties prescribed by this section.3 A judgment will not be reversed because of an insufficient count of an indictment under this section where it appears that there was enough evidence to support a term of imprisonment imposed for a conviction of a single offense under another good count of the indictment. This section when read in conjunction with section 335 of the Penal Code, makes any violation of the act a felony.5

§ 1101. Enforcement of Provisions - Appointment of Officers. Section 10 provides:

That the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, is authorized to appoint such agents, deputy collectors, inspectors, chemists, assistant chemists, clerks and messengers in the field and in the Bureau of Internal Revenue in the District of Columbia as may be necessary to enforce the provisions of this Act.1

§ 1102. Appropriation for Enforcement of Provisions. Section 11 provides:

That the sum of $150,000, or so much thereof as may be necessary, be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, for

§ 1100. Act of December 17, 1914, c. 1, 38 Stat. L. 789.

2 United States v. O'Hara, 242 Fed. 749.

3 Fyke v. United States, 254 Fed. (5th Cir.).

225, C. C. A.

4 Baldwin v. United States, 238

Fed. 793, 151 C. C. A. 643 (5th Cir.). Certiorari denied in 245 U. S. 664, 62 L. ed. 537, 38 S. C. 62.

5 United States v. Woods, 224 Fed. 278.

§ 1101. Act of December 17, 1914, c. 1, 38 Stat. L. 789.

the purpose of carrying into effect the provisions of this Act.1

§ 1103. Effect as Amending or Repealing Previous Acts. Section 12 provides:

That nothing contained in this Act shall be construed to impair, alter, amend or repeal any of the provisions of the Act of Congress approved June thirtieth, nineteen hundred and six, entitled 'An Act for preventing the manufacture, sale or transportation of adulterated or misbranded, or poisonous, or deleterious foods, drugs, medicines and liquors, and for regulating traffic therein, and for other purposes', and any amendment thereof, or of the Act approved February ninth, nineteen hundred and nine, entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes', and any amendment thereof.1

1104. Confiscation and Forfeiture of Seized Opium. Congress has recently provided:

That all opiums, its salts, derivatives, and compounds, and coca leaves, salts, derivatives, and compounds. thereof, which may now be under seizure or which may hereafter be seized by the United States Government from any person or persons charged with any violation of the Act of October 1, 1890, as amended by the Acts of March 3, 1897, February 9, 1909, and January 17, 1914, or the Act of December 17, 1914, shall upon conviction of the person or persons from whom seized be confiscated by and forfeited to the United States; and the Secretary is hereby authorized to deliver for medical or scientific purposes to any department, bureau, or other agency of the United States Government, upon proper application therefor under such regulation as may be prescribed by the Commissioner, with the approval of the Secretary, any of the drugs so seized, confiscated, and forfeited to the United States. The provisions of this section shall also apply to any of the aforesaid drugs seized or coming into the possession of the United States in the enforcement of any of the above-mentioned

§ 1102. 1 Act of December 17, 1914, c. 1, 38 Stat. L. 789.

§ 1103. 1 Act of December 17, 1914, c. 1, 38 Stat. L. 790.

Acts where the owner or owners thereof are unknown. None of the aforesaid drugs coming into possession of the United States under the operation of said Acts, or the provisions of this section, shall be destroyed without certification by a committee appointed by the Commissioner, with the approval of the Secretary, that they are of no value for medical or scientific purposes.1

§ 1104. 1 Act of February 24, 1919, § 1008.

VOL. II-26

401

CHAPTER LXVI

WHITE SLAVE TRAFFIC ACT

§ 1105. Scope of Terms "Interstate Commerce" and "Foreign Commerce" as Used in Act.

§ 1106. Transporting, etc., Females for Immoral Practices a Felony - Furnishing Tickets, etc., Included - Punishment.

§ 1107. Constitutionality.

§ 1108. Scope.

§ 1109. Means of Transportation.

§ 1110. Agency.

§ 1111. Witnesses-Accomplices.

§ 1112. Inducing, etc., Transportation of Women for Immoral Purposes a

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§ 1115. Inducing, etc., Interstate Transportation of Females under Eighteen for Immoral Practices a Felony - Punishment.

§ 1116. Jurisdiction of Courts.

§ 1117. Alien Prostitutes - Information Bureau Established - Authority of Commissioner-General of Immigration - Statements of Alien

Females.

§ 1118. Statement of Alien Inmates by Keepers of Houses of Prostitution

Failure to File Statement

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Making False Statement - Failure to - Penalty.

Disclose Facts in Statement

§ 1119. Presumption from Failure to File Statement - Self-Incrimination as Excuse for Failure to File Statement — Immunity for Truthful Statements.

§ 1120. Immunity-Place of Trial.

§ 1121. Application of the Law.

§ 1122. Alaska, Insular Possessions, and Canal Zone Included in "Territory" "Person" Construed - Corporations, etc., Responsible for Agents, etc.

§ 1123. Title of Act.

§ 1105. Scope of Terms "Interstate Commerce" and "Foreign Commerce as Used in Act.

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Section 1 of the White-slave Traffic Act provides:

That the term "interstate commerce", as used in this Act, shall include transportation from any State or Terri

tory or the District of Columbia to any other State or Territory or the District of Columbia, and the term 'foreign commerce', as used in this Act, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia.1

In this section Congress does not define interstate commerce, but only declares that the territories and the District of Columbia should be included in the term "interstate commerce

as well as the various States.2 Commerce is considered as including the transportation of persons and property, and the Act condemns aiding, inducing, or obtaining transportation in interstate commerce for immoral purposes.3

§ 1106. Transporting, etc., Females for Immoral Practices a Felony Furnishing Tickets, etc., Included-Punishment. Section 2 of the White-slave Traffic Act provides:

That any person who shall knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, or in transporting, in interstate or foreign commerce, or in any Territory or in the District of Columbia, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or who shall knowingly procure or obtain, or cause to be procured or obtained, or aid or assist in procuring or obtaining, any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl in interstate or foreign commerce, or in any Territory or the District of Columbia, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to induce, entice, or compel her

§ 1105. 1 Act of June 25, 1910, c. 395, 1, 36 Stat. L. 825.

2 United States v. Burch, 226 Fed. 974.

3 Hoke v. United States, 227 U. S. 308, 57 L. ed. 523, 33 S. C. 281. § 1106. Act of June 25, 1910, c. 395, § 2, 36 Stat. L. 825.

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