The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United StatesTowne, Charles Hanson
History
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States
Towne, Charles Hanson
Prohibition -- United States; United States. Constitution. 18th Amendment
Have our army of bootleggers read this Section? But they are worth a
whole chapter to themselves, so important a part have they become of
our national life.
“SECTION 26. When the commissioner, his assistants, inspectors,
or any officer of the law shall discover any person in the act of
transporting in violation of the law, intoxicating liquors in any
wagon, buggy, automobile, water or air craft, or other vehicle, it
shall be his duty to seize any and all intoxicating liquors found
therein being transported contrary to law. Whenever intoxicating
liquors transported or possessed illegally shall be seized by
an officer he shall take possession of the vehicle and team or
automobile, boat, air or water craft, or any other conveyance, and
shall arrest any person in charge thereof. Such officer shall at
once proceed against the person arrested under the provisions of
this title in any court having competent jurisdiction; but the said
vehicle or conveyance shall be returned to the owner upon execution
by him of a good and valid bond, with sufficient sureties, in a sum
double the value of the property, which said bond shall be approved
by said officer and shall be conditioned to return said property
to the custody of said officer on the day of trial to abide the
judgment of the court. The court upon conviction of the person
so arrested 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 property seized, and the officer 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
liens, according to their priorities, which are established, by
intervention or otherwise at said hearing or in other proceeding
brought for said purpose, as being bona fide and as having been
created without the lienor having any notice that the carrying
vehicle was being used or was to be used for illegal transportation
of liquor, and shall pay the balance of the proceeds into the
Treasury of the United States as miscellaneous receipts. All liens
against property sold under the provisions of this section shall
be transferred from the property to the proceeds of the sale of
the property. If, however, no one shall be found claiming the
team, vehicle, water or air craft, or automobile, the taking of
the same, with a description thereof, shall be advertised in some
newspaper published in the city or county where taken, or if there
be no newspaper published, in said city or county, in a newspaper
having circulation in the county, once a week for two weeks and by
hand-bills posted in three public places near the place of seizure,
and if no claimant shall appear within ten days after the last
publication of the advertisement, the property shall be sold and
Public-domain text, read in full here on John Shaqi.
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