Court ruled against each and every contention advanced against the validity of said Amendment and of the Volstead Act. The ruling of the Supreme Court definitely sets at rest the question of the validity of said enactments. All other questions relating to the administration and enforcement of said Act will have to be construed in harmony with the rules of construction pertaining generally to criminal statutes, and in accord with the wellestablished constitutional safeguards and requirements provided for the protection of persons accused of crime in the Courts of the United States. The chapter in this work entitled "Searches and Seizures" (Vol. I, Chapter XIII) should be specially consulted as an aid to the construction and application of this Act. A few of the recent decisions will be noted. It was held that the Volstead Act impliedly repealed all earlier statutes relating to intoxicating liquors, but that this Act does not apply to industrial alcohol.1 The United States Circuit Court of Appeals for the Eighth Circuit recently held that the finding of large quantities of liquor in the defendant's residence was not per se evidence that such liquor was unlawfully transported and that no conviction may be had under this Act upon the uncorroborated extra-judicial admissions of the defendant.2 The right to due process of law was not taken away by the Eighteenth Amendment. It was accordingly held that a prohibition officer may not seize liquor without a search warrant, except in cases where liquor is found to be in the course of transportation contrary to law, and that an officer making a seizure must institute proceedings to determine the property rights to such liquor.3 An indictment charging the defendant with purchasing liquors with the object of having same transported in interstate commerce was held to be sufficient. In reversing a conviction in a recent case, Chief Justice Smyth of the Court of Appeals of the District of Columbia made the following remark: "Even in liquor cases verdicts cannot be upheld unless there is some competent evidence to support § 1426. 1 United States v. Windham, 264 Fed. 376. 2 Martin v. United States, 264 Fed. 950, (C. C. A. 8th Cir.), but compare, Rivalto v. United States, 259 Fed. 208 (C. C. A. 6th Cir.), and Berryman v. United States, 259 Fed. 208, 210 (C. C. A. 6th Cir.). 3 United States v. Crossen, 264 Fed. 459. 4 United States v. Collins, 264 Fed. 380. them. It is incumbent on the Government to prove venue in a prosecution under this Act. The prosecution must prove a guilty knowledge on the part of the accused." The Court cannot ignore the element of knowledge and must instruct the jury on this point when requested.8 Whiting v. United States, 263 Fed. 477. • Moran v. United States, 264 Fed. 768 (C. C. A. 6th Cir.). 7 Ousler v. United States, 263 Fed. 968 (C. C. A. 6th Cir.). 8 Bishop v. United States, 259 Fed. 197 (C. C. A. 6th Cir.); United States v. Collins, 254 Fed. 869. CHAPTER LXXXVII MISCELLANEOUS ACTS § 1427. National Motor Vehicle Theft Act. § 1428. An Act to Prohibit the Purchase, Sale, or Possession for the Purpose of Sale of Certain Wild Birds in the District of Columbia. Synopsis of Filled Cheese Act. § 1429. § 1431. Synopsis of an Act Relating to the Manufacture and Sale of § 1432. An Act to Regulate Further the Entry of Aliens into the United States. §1433. An Act to Punish the Willful Injury or Destruction of War Material, or of War Premises or Utilities Used in Connection with War Material, and for Other Purposes. § 1434. An Act to Prevent Interference with the Use of Homing Pigeons by the United States, to Provide a Penalty for Such Interference, and for Other Purposes. NATIONAL MOTOR VEHICLE THEFT ACT § 1427. An Act to Punish the Transportation of Stolen Motor Vehicles in Interstate or Foreign Commerce.1 SEC. 1. That this Act may be cited as the National Motor Vehicle Theft Act. SEC. 2. That when used in this Act: (a) The term " motor vehicle" shall include an automobile, automobile truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails; (b) The term "interstate or foreign commerce as used in this Act shall include transportation from one State, Territory, or the District of Columbia, to another State, Territory, or the District of Columbia, to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia. § 1427.1 Act of October 29, 1919. SEC. 3. That whoever shall transport or cause to be transported in interstate or foreign commerce a motor vehicle, knowing the same to have been stolen, shall be punished by a fine of not more than $5000, or by imprisonment of not more than five years, or both. SEC. 4. That whoever shall receive, conceal, store, barter, sell, or dispose of any motor vehicle, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing the same to have been stolen, shall be punished by a fine of not more than $5000, or by imprisonment of not more than five years, or both. SEC. 5. That any person violating this Act may be punished in any district in or through which such motor vehicle has been transported or removed by such offender. Received by the President, October 17, 1919. [NOTE BY THE DEPARTMENT OF STATE. - The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] GAME ANIMALS AND BIRDS § 1428. An Act to Prohibit the Purchase, Sale, or Possession for the Purpose of Sale of Certain Wild Birds in the District of Columbia.1 SEC. 1. That it shall be unlawful, within the District of Columbia, for any person at any time to buy, sell, or expose for sale, or to have in possession for the purpose of selling, any heath hen, sage hen, any kind of quail, bob white, grouse, partridge, ptarmigan, prairie chicken, pheasant, wild turkey, Hungarian partridge, English, ringnecked, Mongolian or Chinese pheasant, or marsh blackbird. SEC. 2. That nothing herein contained shall prevent the right of any person to take or kill any game birds herein defined when the same shall be so taken or killed by virtue of the authority of a license duly issued by the proper authorities of said District of Columbia for scientific purposes. § 1428. Act of Dec. 18, 1919. That any person who shall violate any of the provisions of this Act shall be fined not more than $100, or be imprisoned for not more than one month, or both so fined and imprisoned: Provided, That each bird mentioned in this Act so had in possession, bought, sold, exposed for sale, or had in possession for the purpose of sale shall constitute a separate offense. SEC. 3. That nothing in this Act shall prevent the sale at any time of Hungarian partridges, English, ring-necked, Mongolian or Chinese pheasants, when the same shall have been raised in captivity, or the sale of birds mentioned in this Act alive, for propagating purposes, under such regulations and requirements as shall be prescribed by the Commissioners of the District of Columbia. SEC. 4. That all Acts or parts of Acts in conflict herewith are hereby repealed. § 1429. Synopsis of Filled Cheese Act.1 Manufacturers of filled cheese must comply with the regulations of the Commissioner of Internal Revenue made with the approval of the Secretary of the Treasury and file a sufficient bond in not less than $5,000. Failure to do so is a misdemeanor and punishable by fine of not less than $500 nor more than $1,000. (Sec. 5.) The filled cheese must be packed in wooden packages only and marked, stamped and branded as required by the act. Retail dealers must sell only from the original stamped packages. Violation is punishable by fine of not less than $50 or more than $500 or imprisonment for not less than 30 days nor more than one year. (Sec. 6.) Retail and wholesale dealers must display in a conspicuous place in their salerooms a sign bearing the words "Filled cheese sold here." Violation of the Act is a misdemeanor punishable by fine of $50 to $200. (Sec. 7.) Manufacturers must paste on each package a notice that the law has been complied with, and a caution against using the package or stamp again. Fifty dollars is the fine for each offense. (Sec. 8.) A tax of one cent a pound is payable on the manufacture of filled cheese by the manufacturer. Imported filled cheese pays an additional tax of eight cents per pound. (Secs. 9-11.) Fifty dollars penalty is imposed § 1429.1 Act of June 6, 1896, c. 337, 29 Stat. L. 253. |