r III I Ml Search and Seizure Law Of Illinois and Attorney General’s Opinion Edward J. Brundage Attorney General of Illinois 1919 [Printed by authority of the State of Illinois.] Springfield, III. Illinois State Journal Co., State Printers. 19 19 U) / 7 ar. 5 It b^'s*. o f % Search and Seizure Law of Illinois AND X Attorney General’s Opinion SENATE BILL NO. 130. A Bill for an Act to restrict the manufacture, possession and use of intoxicating liquor within prohibition territory. Section 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly: That the words and phrases mentioned in this section, as used in this Act and in proceedings pur- suant hereto, shall, unless the same be inconsistent with the context, be construed as follows: “Carrier” shall include only common carriers of property who have filed their schedules of rates with, and are operating under the jurisdic- tion of the State Public Utilities Commission; and draymen, express- men and carters, who are common carriers of property and operating under a license from the city, village or incorporated town within which they operate; and common carriers of property which are owned or operated by any city of this State. “Druggist” shall mean the proprietor of a retail drug store, phar- macy or apothecary, who is duly authorized by law to sell intoxicating liquor within prohibition territory, for medicinal, mechanical, sacra- mental, chemical and manufacturing purposes, and also the registered ; pharmacist in personal charge of the pharmacy in any bona fide hospital. “Highway” shall mean any water course, lake, aerial way, railroad, road, alley, path or way which is open to the use of the public. Intoxicating Liquor or Liquids shall include all distilled, spirituous, vinous, fermented or malt liquors which contain more than one-half of one per cent by volume of alcohol and all alcoholic liquids, compounds and preparations, whether proprietary, patented or not, which are pota- ble and which are capable of or suitable for being used as a beverage. “Judge” shall mean judge, justice of the peace or police magistrate. “Police officer” shall include all sheriffs, deputy sheriffs, constables, marshals, policemen, mayors, aldermen, presidents and trustees of vil- lages and towns, city and village commissioners and all other conserva- tors of the peace. “Prohibition Territory” shall mean any and all territory in this State within which, by, under or through any ordinance of any munici- Lpality or any statute or statutes of this State, or any statute or statutes mf the United States, the sale of intoxicating liquor or the licensing of such sale, is prohibited with or without exceptions or limitations : Pro- A A 4 vided, the phrase “prohibition territory” shall not be construed to in- clude territory within which a municipal ordinance, providing for the granting of dramshop licenses within such territory, is in force and not suspended : Provided , however , that during the period that any statute of the United States prohibiting the sale of intoxicating liquor is in j force, all ordinances providing for the granting of dramshop licenses shall be suspended. Sec. 2. Whoever, under this Act, manufactures, sells or keeps for ( sale any intoxicating liquor for medicinal, sacramental, chemical, me- chanical or manufacturing purposes, in prohibition territory, shall first secure from the Attorney General of this State a permit to manufacture, sell or keep for sale, such intoxicating liquor. Any person desiring to obtain a permit as herein provided, shall file a written application with the Attorney General, giving his name and address, nature of his busi-! ness, and full statement of grounds on which application is made. Such permit shall be in substantially the following form: State of Illinois. Office of the Attorney General. This is to certify that. located; at. . . . (house or building number and street) in the (city or village) of.. ..in the county of , Illinois, is authorized for a period of twelve (12) months from the date of this permit, to. . . ... ... . (manufac- ture, sell or keep for sale) intoxicating liquor for (medicinal, sacramental, chemical, mechanical or manufacturing) pur- poses at (house or building number and street) in the ( (city or village) of . , in the county of . . ., Illinois. Subject to the provisions of all State or United States statutes or municipal ordinances, affecting the manufac- ture, sale or keeping for sale, of intoxicating liquor, now or hereinafter in effect during the life of this permit. Given under my hand and seal in the City of Springfield, State of Illinois, this .day of . ,19. . . . Attorney General of the State of Ilinois. Sec. 3. Whoever shall, within prohibition teritory, by himself or another, either as principal, clerk or servant, in any manner manufac- ture, keep for sale, order, purchase, receive, transport upon any high- way, cause to be transported upon any highway, take an order for, sell, give away, or dispose of, or aid any person in procuring any intoxicating liquor in any quantity whatsoever, shall be punished in the manner pre- scribed in section eight (8) of this Act: Provided , that nothing in this Act shall be construed to forbid the manufacture, storage in bonded warehouses, or transportation in bond, of intoxicating liquor for medi- cinal, sacramental, chemical, mechanical and manufacturing purposes, under such restrictions and regulations as are now or may hereafter be provided by the laws of the United States or of this State ; nor to forbid the sale by such manufacturer to wholesale druggists and to manufac- turers of bona fide pharmaceutical preparations, and by such wholesale 5 | B Lruggists to druggists and manufacturers of bona fide pharmaceutical ■ (reparations ; nor to forbid the manufacture of vinegar under such regu- lations and restrictions as are now or may hereafter be provided by the ■ aws of the United States, or of this State ; nor to forbid the purchasing |/i»r keeping for sale of intoxicating liquor for medicinal, sacramental, chemical, mechanical and manufacturing purposes when purchased and kept for sale in accordance with this Act; nor to forbid any consignee from transporting his vessel or package of intoxicating liquor from the Nearest place of delivery to the nearest carrier to the place where such liquor is to be used; nor to forbid any person to whom any druggist of Bj he countjr has lawfully delivered any bottle or vessel of intoxicating liquor from transporting such liquor to the place where it is to be used in such county. I Sec. 4. Whoever shall, within prohibition territory, in. any manner B ikanufacture, advertise, sell, keep for sale, order, purchase, receive, transport, take an order for, give away or in any manner dispose of any ; preparation, compound or tablet from which intoxicating liquor as a Ejeverage is made, shall be punished in the manner prescribed in section eight (8) of this Act. Sec. 5. Whoever shall, by himself or another, either as principal, I clerk or servant, within prohibition territory, directly or indirectly, in any newspaper, periodical, circular, handbill or price list, advertise any 1 intoxicating liquor for sale or distribution, or publish or distribute any I printed matter which either directly or indirectly advertises any intoxi- X eating liquor for sale or distribution, or display or post or suffer to be displayed or posted, in, on or about any building, premises, boat, vehicle I or any other place whatsoever under his control, any sign or other ad- 1 vertisement of any liquor manufacturer, wholesale or retail liquor I dealer, or display or post or suffer to be displayed or posted, any sign or other advertisement indicating that intoxicating liquor i$ kept or k distributed at such building, premises, boat, vehicle or other place, shall N be punished in the manner prescribed in section eight (8) of this Act. Sec. 6. Whoever shall, by himself or another, either as principal, clerk or servant, within this State, ship or cause to be shipped, or offer for shipment, or transport by any means whatsoever upon any highway in, through or into prohibition territory any vessel or package contain- iing any intoxicating liquor which is not so labeled or marked on the out- kside cover thereof as to plainly show the true name and address of the ; consignor and consignee, the kind and quantity of liquor contained therein, and the purpose for which such liquor is to be used by the y consignee, and the place where such liquor is to be used by the con- k signee, shall be punished in the manner prescribed in section eight (8) of this Act. Sec. 7. Nothing in this Act shall be construed to forbid any car- rier from receiving and transporting intoxicating liquor upon any ■highway within prohibition territory, when labeled as aforesaid, so long | as such carrier shall, immediately upon receipt of each and every vessel or package of intoxicating liquor, make a legible record in a permanently bound book which such carrier shall provide for that purpose and for j|t|iat purpose only, of the date of the reception of such vessel or package H it 6 f f I L i ' (if frelceivdd from another carrier), the name thereof, the full and tru name and address of the consignor and consignee (stating the street an house number of the consignee, if there be such; if not, then otherwis distinctly designating his place of residence and the place where th liquor is to be kept), the kind and quantity of liquor contained in sue package, the purpose for which such liquor is to be used by the consignee the date of delivery to the consignee, and shall before delivering sue 1 liquor, secure the signature of the consignee to a statement in th presence of a witness, in such record book ; and shall keep a duplicate o such book on the vehicle on which any such liquor is being transporte on any highway, open to the inspection of all peace officers, and shal keep for the period of three (3) years such record book and all state ments of consignees, open to the full and free inspection of all peac officers and .their deputies and agents, during business hours at th office from which the delivery is to be or was made, and to allow all sue 1 officers, their deputies and agents, to copy any part or the whole of an such record book or statement. Each page of such record shall b substantially in the following form : CARRIER'S LIQUOR RECORD. . . (Name of Carrier.) Name of Con- signor. * Address of Con- signor. Residence Ad- dress of Con- signee. Business Address of Consignee. Quantity of Liq- uor. Purpose for Which Liquor is to be Used by Consignee. Date When Liquor Received by This Carrier. Name of Consignee. Kind of Liquor. From What Ca rier Received. Place Where Li uor is to be Kep by Consignee. Date of Delive to Consignee. CONSIGNEE'S STATEMENT TO CARRIER. To. . (Name of Carrier) I do hereby solemnly certify upon my honor and under penalty the law that my full and true name is 7 I j iat I am the bona fide consignee to whom the intoxicating liqiior re- Bynred to in the foregoing record is consigned; that I have never been R convicted of any violation of the law entitled, “An Act to restrict the ■manufacture, possession and use of intoxicating liquor within prohibi- tion territory;” that each and every statement made in said record is H true and correct ; that I will not use or suffer any other person to use Ksfrid liquor for any other purpose than the one therein specified, and g; v will keep said liquor at the place designated until used. Signed at Illinois^ this. . . .day of , 19. . . H fr' (Signature of Consignee.) (Signature of Witness.) | Provided , the phrase, “Have never been convicted,” when applicable jfeto a druggist, shall be construed in harmony with section ten (10) of Sl’this Act. Ho carrier shall, within prohibition territory, turn over or de- Kj liver any intoxicating liquor under any circumstances whatsoever to any person who has been convicted of any violation of any provision of K this Act, to any minor, to any person intoxicated, to any person in the W habit of getting intoxicated, to any person under a fictitious name, to m- any consignee who is not personally known to the carrier, to any person I other than the bona fide consignee, or to any consignee whomsoever jf except when consigned as follows: First — To a druggist : Provided , it shall be sufficient for the label m: on the package of such liquor and the record to show that such liquor »..is for a druggist without setting forth the purposes for which he may I? dispose of the same. Second — Wine: To any bona fide church or religious society for ft sacramental purposes : Provided , the priest, rabbi, minister or som6 I authorized official of such church or society, who is personally known V to the carrier, shall sign the statement for and on behalf of such church I; or society. Third — Alcohol : To any person for chemical, mechanical or manu- w- facturing purposes. All intoxicating liquors while in the custody of any carrier shall I be subject to inspection of all peace officers and such officers shall be If permitted to enter the premises and vehicle of any carrier for that pur- W, pose. Whoever, by himself or another, either as principal, clerk or W servant, shall fail, refuse or neglect to discharge any duty imposed by | this section, or shall make any false entry in any such record book, or i; deliver any intoxicating liquor to any consignee except for the foregoing I purposes, or before the consignee shall have signed the foregoing state-' :• ment in the presence of a witness, or do any other act prohibited by y this section, shall for each offense be punished in the manner prescribed v- in section eight (8) of this Act. Sec. 8. Whoever shall violate any provision of either of sections £ three (3), four (4), five (5), six (6), seven (7), or thirteen (13) of v this Act, or shall do or neglect, omit or refuse to do, anything required or | prohibited by this Act when there is no specific penalty or punishment 8 imposed by this Act for such act or omission, shall for each offense, upci conviction thereof, be fined not less than fifty dollars ($ 50 ) nor mo£ than five hundred dollars ($ 500 ), or imprisoned in the county jail fa* not less than twenty ( 20 ) days nor more than sixty ( 60 ) days, or botl, in the discretion of the court. If any person shall be convicted of vio- lating any provision of any such sections, and shall subsequently violate any provision of any such sections, for such second and each subsequent violation he shall, upon conviction thereof, be fined not less than tw^> hundred dollars ($ 200 ) nor more than five thousand dollars ($5,000), and be imprisoned in the county jail for not less than ninety ( 90 ) days nor more than one (1) year, in the discretion of the court. Sec. 9 . Nothing in this Act shall be construed to forbid any drug*- gist, who has received the permit provided for in section two (2), from keeping intoxicating liquor and dispensing the same, so long as he shall faithfully provide and keep all the records, prescriptions and application^ provided for herein; nor to prohibit him if he be a registered pharmaj- cist, local registered pharmacist or registered assistant pharmacist, nojr to prohibit any registered pharmacist or local registered pharmacist oh registered assistant pharmacist employed by such druggist within his pharmacy, from dispensing intoxicating liquor for medicinal purposes only upon the written prescription in each instance of a duly licensed physician personally known to such druggist and actively engaged in the practice of his profession, provided Such prescription shall be written in ink, addressed to such druggist, dated and signed by such physician, and shall state the full and true name and residence address (stating the street and house number, if there be such, if not then otherwise dis- tinctly designating his place of residence) of the person 'for whom the liquor is prescribed, and likewise the place where such liquor is to be administered, and that such physician has personally examined such per • son and that he is in immediate need of the kind and amount of liquo'* prescribed, and state the name and address as aforesaid, of the person to whom such druggist is to deliver such liquor; and provided such druggist, before delivering such liquor, shall cancel such prescription by plainly writing or stamping, in ink, across the face thereof the word “cancelled; ” stating the date (giving the date and hour) of such delivery; and provided the pharmacist filling such prescription shall sign his 5 name to such cancellation; and provided, further, that such druggist, i before such delivery, shall make a true and legible record of such sale 1 in a permanently bound book, which the druggist shall provide for that j purpose and that purpose only, giving the full and true name and resi- .• dence address, as aforesaid, of the person to whom delivered, the name > and residence address, as aforesaid, of the person for whom the liquor is prescribed and the place where it is to be administered, the kind and quantity of liquor sold, the purpose for which it is sold, the date of the prescription, the name and addres^of the physician issuing the same, and shall secure a receipt upon such record~bOok for such liquor signed by the person to whom it is delivered, and before delivering such liquor shall permanently attach to the bottle or vessel a label containing the 3 name and address of the druggist making the sale aird a copy of the | 9 aforesaid record, and provided such druggist shall keep such record book and all prescriptions on file at such pharmacy for the space of five (5) years, open to the full and free inspection of the public at all times during business hours: Provided , such druggist may, without such prescription, by strictly complying with all the foregoing provisions, sell wine for sacramental purposes only to any Iona fide church or religious society upon the written application in each instance of the governing body of such church or society personally presented by a priest, rabbi, minister or other official of such church or society who is personally known to such druggist to be such ; and alcohol for mechanical, chemical or manufacturing purposes only to any person who is personally known to such druggist and who has never been convicted of any violation of this Act, and is not a minor, or an intoxicated person, or a person in the habit of getting intoxicated, upon the written application in each instance personally presented by such person. All such applications shall be written in ink, addressed to such druggist, dated and signed, and shall state the kind and quantity of wine or alcohol required, and the purpose for which it is to be used, and the full and true name and address as aforesaid, of the purchaser, and likewise the place where the wine or alcohol is to be kept and used, and that he solemnly certifies upon his honor and under penalty of the law that he will not use or suffer any other person to use, such wine or alcohol for any other pur- pose than the one specified in the application, and will keep the liquor at the place designated until used. Such application shall be cancelled, filed and kept as aforesaid, and shall be substantially in the following form : PURCHASER’S APPLICATION TO DRUGGIST. To (Name of Druggist) : I do hereby solemnly certify upon my honor and under penalty of the law that my full and true name is ; that I reside at (house number and street) in the (city or village) of , in the county of , Illinois; that I have never been convicted of any violation of the law entitled, “An Act to restrict the manufacture, possession and use of intoxicating liquor within prohibi- tion territory;” that I require (quantity) of L (wine or alcohol) to be used for (sacramental, mechanical, chemical or manufacturing) purposes at |. (house number and street) in the j(city or village) of , in the county of , Illinois; that I will not use or suffer any other person to use such j- (wine or alcohol) for any other purpose than the one above specified and will keep the (wine or alcohol) at the place designated until used. (Signature of purchaser.) Sec. 10. Any druggist who shall, by himself or another, within prohibition territory, sell, give away, or in any manner dispose of any 10 intoxicating liquor, or in any manner aid any person in procuring any intoxicating liquor, in any quantity whatsoever, without strictly com- plying with sections two (2) and nine (9) of this Act shall, for each offense, be fined not less than two hundred dollars ($200.00), nor more than four hundred dollars ($400.00), or imprisoned in the county jail for not less than ten (10) days, nor more than thirty (30) days, or both, in the discretion of the court; and it shall be unlawful for him, either with or without a permit, to receive or keep any intoxicating liquor within prohibition territory for the period of two (2) years after such first conviction. The court in which such conviction is had shall send notice to the Attorney General, upon receipt whereof the permit provided | for in section two (2) shall be forthwith revoked for the period of two !j (2) years after such conviction. If any druggist shall be convicted of violating any provision of this section, and shall subsequently violate any provision of this section, he shall, upon conviction thereof, for each offense, be fined not less than four hundred dollars ($400.00 ) 9 nor more than eight hundred dollars ($800.00), and be imprisoned in the county jail not less than ninety days (90), nor more than one year (1), in the discretion of the court ; and it shall be unlawful for him, either with or without a permit to receive or keep any intoxicating liquor within pro- hibition territory for the period of five years (5) after such second conviction ; and if he be a registered pharmacist, local registered pharma- cist, or registered assistant pharmacist, it shall be part of the judgment upon such second conviction that his certificate to practice pharmacy shall be forthwith revoked, and the court before which such conviction is had shall so order and forthwith cause a copy of such order to be sent to the Director of Eegistration and Education, upon receipt whereof, such certificate shall be forthwith revoked by the Department of Eegis- ; tration and Education and shall not be renewed for the period of two years (2) after such revocation, and the court shall further send notice • to the Attorney General, of such conviction, and upon receipt whereof the permit provided for in section two (2) shall be forthwith revoked for the period of five years (5) after such conviction. A certified tran- script of the judgment of such conviction shall be sufficient evidence of such conviction to such Department of Eegistration and Education and Attorney General. And in like manner, if he shall subsequently violate | any provision of this section, for such third violation, he shall, for each : offense, be fined not less than five hundred dollars ($500.00), nor more ^ than one thousand dollars ($1,000.00), and be imprisoned in the peni- J tentiary for not less than one year (1), nor more than three years (3), and if he be a registered pharmacist, local registered pharmacist, or registered ,: 1 assistant pharmacist, it shall be part of the judgment upon such third v or any subsequent conviction, that his certificate to practice pharmacy M shall be forthwith revoked as aforesaid, and he shall forever thereafter be barred from practicing pharmacy in this State, or holding any permit to manufacture, sell or keep for sale, intoxicating liquor. Sec. 11. Any registered pharmacist, local registered pharmacist, a or registered assistant pharmacist who shall sell, give away, or in any ^ manner dispose of any intoxicating liquor, or in any manner aid any ;; person in procuring any intoxicating liquor in any quantity whatsoever, 11 within prohibition territory, without strictly complying with sections two (2) and nine (9) of this Act, shall for each* offense, be fined not less than one hundred dollars ($100.00), nor more than four hundred dol- lars ($400.00), or be imprisoned in the county jail for not less than thirty days (30), nor more than ninety days (90), or both, in the discre- tion of the court. If any such pharmacist shall be convicted of violating any provisions of this section and shall subsequently violate any pro- vision of this section, he shall, for each offense, be fined not less than two hundred dollars ($200.00), nor more than eight hundred dollars ($800.00), and be imprisoned in the county jail for not less than ninety days (90), nor more than one year (1), in the discretion of the court; and it shall be part of the judgment upon such second conviction, that his certificate to practice pharmacy shall be forthwith revoked, and the court before whom such conviction is had shall so order and forthwith cause a copy of such order to be sent to the Director of Registration and Education, upon receipt whereof such certificate shall be forthwith re- voked by the Department of Registration and Education, and shall not be renewed for the period of two years (2) after such revocation, and the court shall further send notice of such conviction to the Attorney General, upon receipt whereof the permit provided for in section two (2) shall be forthwith revoked for the period of two (2) years after such conviction. A certified transcript of the judgment of such con- viction shall be sufficient evidence of such conviction to such Depart- ment of Education and Registration, and Attorney General. And in like manner, if he shall subsequently violate any provision of this section, for such third violation he shall, for each offense, he fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00), and be imprisoned in the penitentiary for not less than one year (1), nor more than three years (3), and it shall he part of the judgment upon such third conviction that his certificate to practice pharmacy shall be forthwith revoked as aforesaid, and he shall forever thereafter he barred from practicing pharmacy in this State, and of holding any permit to manufacture, sell or keep for sale, intoxicating liquor. Sec. 12. Any physician who shall write a prescription for intoxi- cating liquor without having first personally examined the person for whom the prescription is written, and without having ascertained that such person requires such liquor for medicinal use, or who shall make a false statement in any prescription, or write a prescription to enable any person to procure any intoxicating liquor, or in any manner procure or aid in procuring any intoxicating liquor for any person within prohi- bition territory, except to be used in the treatment of a bond fide case of sickness, shall, for each offense, be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or be imprisoned in the county jail for not less than sixty days (60), nor more than six (6) months or both, in the discretion of the court. If any physician shall be convicted of violating any provision of this sec- tion and shall subsequently violate any provision of this section, he shall, for each offense, be fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00). and be imprisoned in the county jail for not less than six months (6), nor more than one year (1); in the discretion of the court; and it shall be part of the judgment upon such second conviction that his license to practice medicine shall be forthwith revoked, and the court before whom such conviction is had shall so order and forthwith cause a copy of such order to be sent to the Director of Eegistration and Education, upon receipt whereof his license to practice medicine shall be forthwith revoked by such Department and shall not be renewed for the period of two years (2) after such revocation. A certified transcript of the judgment of such conviction shall be sufficient evidence of such con- viction to such Department. And in like manner, if he shall subse- quently violate any provision of this section, he shall, for each offense, be fined not less than five hundred dollars ($500.00 ) 9 nor more than one thousand dollars ($1,000.00), and be imprisoned in the penitentiary for not less than one year (1), nor more than three years (3) ; and it shall be part of the judgment upon such third conviction that his license to practice medicine shall be forthwith revoked as aforesaid, and he shall forever thereafter be barred from practicing medicine in this State. Sec. 13. Any consignee, purchaser, or person to whom any intoxi- cating liquor shall be delivered, under the provisions of this Act, who shall use any intoxicating liquor received from any carrier or druggist for any other purpose than the one stated in such carrier’s or druggist’s record, or suffer any other person to do so, or who shall fail or neglect to keep such liquor in the original labeled vessel and at the place designated, until used, shall be punished in the manner prescribed in section eight (8) of this Act: Provided , the sheriff of the county may, in his discretion, grant a written permit to remove such liquor to an- other designated place. Sec. 14. Whoever shall forge the signature of any consignee or sign a fictitious name, or the name of any other person to any druggist’s record or to any purchaser’s application to a druggist, or forge the sig- nature of any physician to any supposed prescription for intoxicating liquor, or having been convicted of a violation of any provision of this Act, shall sign a statement to any carrier or druggist in order to receive intoxicating liquor from such carrier or druggist under the provisions of this Act, or shall wilfully alter, add to, deface, or destroy any carrier’s or druggist’s record, consignee’s statement to carrier, appli- cation to a druggist, prescription for intoxicating liquor, or label upon any vessel or package of intoxicating liquor, or shall feloniously steal or cancel any carrier’s or druggist’s record, consignee’s statement to carrier, purchaser’s application to a druggist, or prescription for intoxi- cating liquor, required to be kept under the provision of this Act, shall, on conviction thereof, be imprisoned in the penitentiary for not less than one (1) year nor more than three (3) years. Sec. 15. All places within prohibition territory, where any intoxi- cating liquor is manufactured, kept for sale, used or in any manner dis- posed of in violation of any provision of this Act, shall be taken and held and are hereby declared to be common nuisances, and may be abated as such; and whoever shall keep any such place by himseif or his agent or servant, shall, upon conviction thereof, be fined not less 13 I than two hundred dollars ($200) nor more than five hundred dollars B($500), or confined in the comity jail for not less than thirty (30) days m nor more than six ( 6 ) months, or both, in the discretion of the court, and I it shall be part of the judgment, upon conviction of the keeper, that 1 the place so kept shall be shut up and abated until the keeper shall l give bond with sufficient surety to be approved by the court in the penal I sum of five thousand dollars ($5,000), payable to the People of the I State of Illinois, conditioned that he wfill not violate any of the pro- l visions of this Act, and in case of a violation of the condition of such i bond, suit may be brought and recovery had thereon for the amount of l said bond for the use of the county. Sec. 16. All intoxicating liquor manufactured, kept for sale, used, ■ disposed of, or transported within prohibition territory, in violation of any law T of this State, with all vessels containing the same, and all im- plements, furniture and vehicles kept or used for any such purposes, are hereby declared to be common nuisances, and shall be subjected to f seizure, confiscation and destruction in the manner hereinafter provided. ^ Whenever* complaint is made in writing, verified by affidavit, to any - judge having cognizance of criminal offenses within such prohibition territory, that complainant has just and reasonable grounds to believe and does believe that intoxicating liquor is manufactured, kept for sale, I used, disposed of, or transported in violation of any law of this State \ in any house, building, premises, boat, vehicle, receptacle, or any other ■ place whatsoever (particularly describing and designating the same) in I prohibition territory, with the facts upon which such belief is based, the judge may issue a search warrant as hereinafter provided: Pro- I vided, however , no warrant shall be issued to search a private dwelling I occupied as such unless such warrant is signed by two judges, and ; unless such residence is a place of public resort, or intoxicating liquor I is sold or kept for sale in violation of the law. Each complaint may be f substantially in the following form : I State of Illinois, 1 I j* ss. I County of J COMPLAINT FOR SEARCH WARRANT The Complaint and Affidavit of (name | of complainant) of ...(his residence) made before I (name of officer) one of the (official title of officer) l in and for -said (county, city or village, as the case may be) I on this, the . .day of 19. . . ., who, being first duly sworn, upon his oath says: that he has just and reasonable grounds j? to believe and does believe that intoxicating liquor is now unlawfully t (manufactured, kept for sale, used, disposed of, or trans- % ported, as the case may be) within prohibition territory, to-wit: At : and within a certain. (here describe the house, building, I premises, boat, vehicle, receptacle, or other place, to be searched, with I particulars as to its location suffieientty to identify it, stating the name I of the person occupying the same, if known) in the (city, village or town) of , , in the county and State aforesaid; and that the following are the reasons for his belief, to-wit: (here insert the fact upon which such belief is based). Wherefore, he prays that a search warrant may issue according to law. (Signature of Complainant). Subscribed and Sworn- to before me this day of > (Official title of officer.) (Official title of officer.) Sec. 17. If the judge or judges before whom any such complaint is made is satisfied that there is reasonable cause for such belief, he shall issue a warrant directed to any peace officer having jurisdiction within such prohibition territory, whom the complainant may designate, com- manding him in the day time to forthwith enter the house, building,, premises, boat, vehicle, receptacle, or other place therein described and designated (which shall be particularly described and designated in the warrant as in the complaint) and make diligent and careful search for intoxicating liquor and if any intoxicating liquor be there found, to seize the same, with the vessels containing the same, and all implements, furniture and vehicles kept or used for the purpose of violating or with which to violate, any law of this State, and bring the same, and any and all persons (if any there be) in whose possession they are found, before the judge who issued the warrant, or in case of his absence or inability to act, before some other judge having cognizance of the case. Such warrant may be substantially in the following form : State of Illinois, ] }■ ss. County of J SEARCH WARRANT. To the People of the State of Illinois: To (insert name and official title of officer) in and for (county, city or village, as the case may be) of Greeting: Whereas, a complaint was this day made in writing, verified by the affidavit of (official title of officer) in and for said (County, city or village, as the case may be), stating that said complainant has just and reasonable grounds to believe and does believe that intoxicating liquor is now unlawfully 4 (manufactured, kept for sale, used, disposed of, or transported, as the case may be) within prohibition territory, to-wit: At and within a certain (here copy the full descrip- tion of the place to be searched as set forth in the complaint) in the* (city, village or town) of 15 in the county and State aforesaid, and from the facts upon which such belief is based, as set forth in said complaint, the undersigned is satis- fied that there is reasonable cause for such belief. We Therefore Command You, in the name of the People of the State of Illinois, taking with you the necessary and proper assistance in the (day or night time, as the case may be) to forthwith enter the said (house, building, premises, boat, vehicle, receptacle or other place, as the case may be) hereinabove described, and make diligent and careful search for intoxicating liquor and seize and bring any and all intoxicating liquor there found and all vessels containing the same, and all implements, furniture and vehicles kept or used for the purpose of violating or with which to violate any law of this State, there found, and any and all persons (if any there be) in whose possession they are found, forthwith before me at my office in (insert location), or in case of my absence or in- ability to act, before some other judge or justice of the peace having cognizance of the case, to be dealt with according to law. Given Under My Hand and Seal at my said office this day of , 19. . . . [seal] Provided , if it shall appear that any such intoxicating liquor is likely to be disposed of or removed during the night, any two judges may issue such warrant to search any such house, building, premises, boat, vehicle, receptacle or other place, in the night time, and shall so direct and state in the warrant. Any warrant issued by two judges shall be returnable to either of the judges issuing the same, or in case both be absent or unable to act, before some other judge having cognizance of the case. Ho intoxicating liquor or other property seized by virtue of any such warrant shall be discharged or returned to any person claiming the same on account of any insufficiency or informality in the complaint or warrant, or because it is not under the seal of the judge, but the complaint or warrant may be amended by the judge at any time pending the proceedings. Any claimant shall be entitled to have his right of property in such liquor and other property tried in a summary manner before the judge to whom the search warrant may have been returned. Sec. 18. When intoxicating liquor is seized the officer making such seizure shall in his return upon the warrant, particularly specify all the intoxicating liquor and other property taken, and the place where, and the person (if any there be) from whom the same was taken, and shall safely keep the same subject to the disposition of the judge or court. Ho intoxicating liquor or other property seized under this Act shall be taken from the custody of the officer by a writ of replevin or other process, while any proceedings provided for in this Act are pending. A final judgment ordering the forfeiture of such intoxicating liquor or property so seized shall be a bar to all suits for the recovery of the same or the value thereof, or for any damage arising by reason of the seizing or detention thereof. Sec. 19. If any person shall be arrested upon any search warrant the officer serving the same shall forthwith make and file in the proper court or before the proper judge, an information or complaint charging 16 a violation of any of the provisions of any statute or municipal ordi- nance of this State that may appear to have been committed by such person, but nothing herein contained shall prevent any person from filing such information or complaint before or after the search warrant is issued. When any suit or prosecution is commenced for a violation of any law, all intoxicating liquor, vessels, implements, furniture and vehicles seized may be produced or used as evidence upon such trial and shall be safely kept under the direction of the judge or court, so long as may be needed for that purpose. Such trial shall take place as speedily as possible and shall have preference in the order of hearing to other cases pending before the judge or court hearing the same. As soon as all such cases are disposed of, if it shall appear that such intoxicating liquor was manufactured, kept for sale, used, disposed of, or trans- ported in violation of any provision of any statute or municipal ordi- nance of this State, or any statute of the United States, the same, with the vessels, implements, furniture and vehicles seized therewith shall be adjudged forfeited and ordered forthwith destroyed in the manner in which the judge or court may direct, and the officer executing such order shall make return thereon to such judge or court as to his doings in the premises ; otherwise the same shall be returned to the lawful owner thereof. If it shall appear that there was no probable cause for swearing out the search warrant, the costs may be taxed against the complainant and execution awarded therefor. Sec. 20. No person shall be excused from testifying or giving evi- dence before any grand jury or in any action, proceedings or prosecution relative to any violation of this Act, on the ground that his testimony or evidence might or would tend to incriminate him, but no such testi- mony or evidence shall in any manner be used against him in any action or prosecution for any crime, misdemeanor or forfeiture under any law or municipal ordinance of this State, except for perjury committed in giving his testimony or evidence: Provided , that, such immunity shall extend only to a natural person, who in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. Sec. 21. If any lessee or tenant of any building or premises uses such building or premises, or any part thereof in maintaining a common nuisance, as defined in this Act, or permits such use by another, such use shall work a forfeiture of all rights of the lessee or tenant, and render void the lease or contract of rent upon such building or premises, and shall cause the right of possession to forthwith revert to the owner or lessor, who may make immediate entry upon the premises, or may avail himself of any and all remedies, either at law or in equity. Sec. 22. Whoever knowingly permits any buildings or premises, or any part thereof, owned or leased by him, or under his control, to be used to keep or maintain a common nuisance, as defined in this Act, or after being notified of such use, omits to take all reasonable measures to eject therefrom the person so using the same, shall be deemed guilty of keeping and maintaining such common nuisance and shall be pun- ished accordingly. Sec. 23. In all prosecutions and proceedings under this Act, by indictment, information, complaint or otherwise, it shall not be neces- 17 i: sary to state the kind, nor the quantity of intoxicating liquor, manu- ' factored, kept for sale, used, disposed of, or transported; nor to describe |: the place where the offense was committed, except that nuisances and I places to be searched shall be described in the manner herein provided ; , nor to show the knowledge of the principal to convict for the acts of an I agent, clerk or servant. All courts in this State shall take judicial notice | of all prohibition territory. If any person shall be convicted of vio- | lating any provision of this Act and shall subsequently violate any pro- § vision of this Act, it shall not be necessary to set out such former con- viction at length, but it shall be sufficient to state in that regard, the time when, and the name of the court where such former conviction t was had. All record books of carriers and druggists, statements, pre- scriptions, and waybills used in handling, shipping, transporting, de- livering or dispensing any intoxicating liquor, under this Act, or a sworn or examined copy thereof, shall be prima facie evidence of the facts therein stated in all courts of this State. The issuance of an in- ternal revenue special tax stamp or receipt by the United States to any i person as a wholesale or retail dealer in liquors or in malt liquors at any place within prohibition territory shall be prima facie evidence of | the keeping for sale of intoxicating liquor by such person at such place; > or at any place of business of such person within prohibition territory i where such stamp or receipt is posted and at the time charged in any I suit or prosecution under this Act : Provided , such time is within the I life of such stamp or receipt. If any fluid, in or about any place for the search of which a warrant has been issued or is about to be issued; | be poured out or otherwise destroyed at the time or before such place is I searched, manifestly for the purpose of preventing its seizure, such | pouring or destruction shall be prima facie evidence that such fluid was | intoxicating liquor and was then and there kept or transported in vio- : lation of this Act. OPINION OF ATTORNEY GENERAL. The opinion of Attorney General Edward J. Brundage from which I Governor Lowden quoted was : Hon. Frank 0. Lowden, Governor of Illinois, Springfield, Illinois. Sir: You ask me whether, under the terms of Senate Bill No. 130 , I passed by the Fifty-first General Assembly known as the Search and f Seizure Law, the language “give away, or dispose of, or aid any person in procuring any intoxi- cating liquor in any quantity whatsoever” I is construed to mean that a person would not be permitted to serve I intoxicating liquors to members of his own family in his own home or f apartment, or to bona fide guests in the ordinary courtesy of hospi- I tality. Section 3 of the Search and Seizure Act provides, “whoever shall, within prohibition territory, by himself or another, either as principal, clerk or servant, in any manner manufacture, keep for sale, order, purchase, receive, transport upon any highway, cause to be transported upon any highway, take an order for, sell, give away or 18 dispose of, or aid any person in procuring any intoxicating liquor, in any quantity whatsoever, shall be punished in the manner prescribed in section eight (8) of this act: ” This statute is highly penal in its provisions and, according to well-recognized canons, must be construed strictly keeping in mind the great central object the Legislature had in view in its enactment, and the evils to be prevented. The title of the Act is “An Act to restrict the manufacture, possession and use of intoxicating liquor within prohibition territory.” A reading of the entire Act discloses the fact that the Legislature intended by this law to prohibit the manufacture, transportation, sale and trafficking in intoxicating liquors, except for medicinal, sacra- mental, chemical and manufacturing purposes. The law* does not seek to interfere with the private stock of intoxicating liquors now in the possession of the householder. Since the reading of the entire law discloses that the Legislature did not intend to interfere with the posses- sion of the private stock of intoxicating liquor held by a householder, did the Legislature, in commanding that a person should not “give away or dispose of, or aid any person in procuring any intoxicat- ing liquor in any quantity whatsoever” intend by this language that none except the owner of the intoxicating liquor could lawfully consume any of this private stock? The courts of this State have construed that portion of the statute, known as the Dram Shop Act of March 30, 1874, which prohibits the giving of intoxicating liquors to minors, habitual drunkards and persons while intoxicated, but the general purposes of the Dram Shop Act of 1874 are so dissimilar to the present Search and Seizure Law that they furnish no guide in the solution of our problem. The State of Michigan has a law very similar to our Search and Seizure Law and similar phraseology has been construed by the Supreme Court of Michigan, in the case of The People v. Myers , 161 Mich. 40. In this case the defendant was the clerk of the hotel and boarded and lodged therein. He furnished lager beer gratuitously to two dining-room girls in the room of one of them, for social purposes. The principal question raised by the appeal was the constitutionality of the law, so far as it concerned the giving away of liquor. The statute of Michigan under which this was tried, provides : “that it shall be unlawful for any person, directly or indirectly, himself or by his clerk, agent, or employee, to manufacture, sell, keep for sale, give away or furnish any vinous malt, brewed, fermented, spirituous or intoxicating liquors or any mixed liquor or beverage, any part of which is intoxicating, or to keep a saloon,” etc. The court says on page 44 of the decision : “The first section makes it unlawful for any person to give away such liquors; and the act has been repeatedly held constitutional in every respect. The general liquor law deals with the regulation of a legitimate business; the local option law was intended, in my opinion, not only to wipe the business out of existence in the county, but to prevent the inhabitants of the county from obtaining liquor within the county. For the latter purpose the act prohibits any person from giving away intoxicating liquor and thereby heads off the numerous subterfuges, which would interfere with the enforcement of the law. We have held that the statute was not intended to prohibit the indi- 19 I vidual use of intoxicating liquors nor to invade the privacy of the home B' and interfere with the owner’s decent exercise of hospitality toward his R guests, but we do not think the terms of the act warrant a further I: limitation of its operation.” The Supreme Court of Michigan again passed on this same ques- H&ion in the case of People v. Peterson , 156 Mich. 235. After quoting m the same section 1 above quoted, the court says : ‘The object of the act is to prohibit the manufacture of, and all traffic in liquors. It can not be reasonably construed so as to apply to the individual use, or the keeping for use, of liquors by citizens. Whether an individual might, even in his own house, dispense liquors purchased and kept for his own use, in such manner as to make his conduct obnoxious to the law, is a question not presented. In this case respondent served eleven pint bottles of beer to a large number of guests who visited his home upon the occasion of the birthday anni- versary of his daughter. It was a surprise party. The beer was not purchased for the occasion and it is not claimed there w*as any inten- tion to violate or to evade the law.” The Supreme Court of Michigan, in this case reversed a conviction | sustained by the trial court. It is my opinion that the provisions of the Search and Seizure Law, I " forbidding a person to “give away or dispose of, or aid any person in procuring any intoxi- cating liquor in any quantity whatsoever,” when construed with all the provisions of the Search and Seizure Law, would not make it unlawful for a person to serve intoxicating liquors p to his family or Iona fide guests in his residence or apartment in the r course of the hospitality ordinarily shown guests. You also ask me to render you an opinion as to whether the pro- l visions of section 15 of the Search and Seizure Law declare a place a r common nuisance in which intoxicating liquor is used. Section 13 of - said Act provides : “All places within prohibition territory, where any intoxicating liquor is manufactured, kept for sale, used, or in any manner disposed of in violation of any provision of this act, shall be taken and held and are hereby declared to be common nuisances and may be abated as such: * * *” My attention has been called to opinions written by very eminent members of the bar, who contend that this language should be construed to mean that any place where intoxicating liquors are used is declared I to be a nuisance. I can not agree with this construction of this law. In arriving at the meaning of the language of section 15, this language f should be construed with all the other provisions of this law, together f with the intention of the Legislature in passing the law, and taking into ? consideration the evils which are sought to be remedied by the law. Section 3 of the law enumerates all those things which are for- ; bidden. Section 3 does not, in terms, forbid the use of intoxicating y liquor. The Legislature, by the enactment of section 15 of this law, i evidently did not intend to enumerate any Acts as unlawful, other than r. those that are made unlawful by section 3 of the Act. The evident v intention of section 15 of the Act is to declare those places to be com- I I 20 mon nuisance in which the Acts forbidden in section 3 of the Act arej performed. If the language of section 15 were, all places within prohibition territory, where any intoxicating liquor is manufactured, kept for sale, or used, shall be taken and held and are hereby declared to be common nuisances, there would be ground for sustaining the construction contended for that this law intended to prohibit the use of intoxicating liquors. But this section, as enacted, provides that “all places within prohibition territory, where any intoxicating liquor is manufactured, kept for sale, used , or in any manner disposed of m violation of any provision of this act, shall be taken and held and are hereby declared to be common nuisances.” I can find nothing in the reading of the entire bill which would lead me to the conclusion that the Legislature intended to prqhibit the use of intoxicating liquor. It is my opinion that the mere use of intoxicating liquor by an individual is not forbidden by the provisions of this law, and that places where intoxicating liquors are used, in any manner that is not in violation of the provisions of this Act, do not render such places a common nuisance. The Legislature had in mind, in . the passage of the Search and Seizure Law, the recent amendment to the Constitution of the Lnited States prohibiting the importation, manufacture, transportation and sale of intoxicating liquors. This Act is designed to do away with the liquor traffic except for medicinal, sacramental, chemical and manu- facturing purposes. The law contemplates, by forbidding the trans- portation upon any highway or the selling or buying of any intoxicating liquors, that the traffic shall eventually be done away with. The Legis- lature was obliged to deal with the situation that many householders had intoxicating liquors in their possession that will be consumed before the traffic will be entirely done away with, except for the limited pur- poses described in the Act. The law provides for confiscation and de- struction of this intoxicating liquor, now in the possession of the indi- vidual, only in case it is sold or disposed of contrary to the spirit of this law. You also ask me the question whether the State’s attorney of the county has full control of a proceeding in which a search warrant is taken out to search for intoxicating liquors. My reply is that no different rule applies to this proceeding than applies to other criminal and quasi criminal proceedings under the law. An individual may make complaint before a judge that he has just and reasonable grounds to believe, and does believe, that intoxicating liquor is manufactured and kept for sale, used, disposed of, or transported in violation of any law of this State, and further setting forth the facts upon which such belief is based and the judge may issue a search war- rant if a proper showing is made. This may be done without the con- sent of the State’s attorney or without consulting the State’s attorney. The search warrant is not a new remedy under our law.. We have at the present time statutes permitting the searching of buildings for stolen goods, for counterfeit money, for obscene literature, for lottery tickets, for gambling apparatus, and for public books and records with- 21 lield by a public official from his successor in office. The search war- cants, under these several statutes, are rarely invoked and there is no 3 omplaint that there has been abuse of the privacy of business places or residences by the misuse of the search warrant under these several statutes. The precedents that have been established, under these several Statutes, will be largely followed in the proceedings under the Search ind Seizure Law under discussion. The powers and duties of the State’s attorney under this law will not be different than under the other Search and Seizure Laws referred to. You also ask me whether, under any circumstances, it would be Lawful, under the provisions of this law, to search a private residence for intoxicating liquors in a place where the householder has intoxicat- ing liquor in his possession for his own use and for the use of his family and bona fide guests. My reply is that there is no warrant of law for a search and seizure af intoxicating liquor in a private residence on this state of facts. Yours very truly, Edward J. Brundage, Attorney General. STATEMENT ON SEARCH AND SEIZURE ACT. The Federal Act of November 21, 1918, provides that “after June •30, 1919, until the conclusion of the present war and thereafter until -;he termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, no beer, wine, or jother intoxicating malt or vinous liquor shall be sold for beverage • purposes.” « The Search and Seizure Act of this State, now in force, prohibits -the sale within prohibition territory of. any intoxicating liquor. “Prohibition territory” is defined to mean “All territory in this State within which by, under or through any ordinance of any municipality or any statute or statutes of this State or any statute or statutes of the United States, the sale of intoxicating liquor or the licensing of such sale is prohibited, with or without ex- ceptions or limitations: Provided, the phrase ‘prohibition territory' shall not be construed to include territory within which a municipal ordinance providing for the granting of dram shop licenses within such territory is in force and not suspended, and provided that during the period that any statute of the United States prohibiting the sale of intoxicating liquor is in force all ordinances providing for the granting of dram shop licenses shall be suspended.” r, : “Intoxicating liquor” is defined by the Search and Seizure Act to ? include all distilled, spirituous, vinous, fermented or malt liquors which .contain more than one-half of one per cent by volume of alcohol. It will be seen that whatever interpretation may be placed by the Federal courts upon the term “intoxicating liquor” as used fin the Federal Act, the sale of intoxicating liquor in this State is prohibited by the Federal law, with the exception of those liquors containing one- jhalf of one per cent of alcohol or less, and those containing the per- I jcentage which Federal courts may find to constitute intoxicating liquor. | The entire State therefore is prohibition territory, unless some portion 22 thereof is excepted by the provisos of that portion of the Search ; Seizure Act above mentioned. Prohibition territory does not include territory in which dram s’ licenses are not suspended. The Illinois statute, however, in terms < tinctly provides that such licenses shall be suspended during the per ; that any statute of the United States prohibiting the sale of intoxicat liquor is in force. Eeading this last proviso in its relation to the ent section, it is manifest that the meaning is that the ordinances are s pended if there is in effect any Federal statute which prohibits the s of intoxicating liquor, with or without exceptions or limitations. Th._, is such a statute in force and therefore all ordinances providing for t: granting of dram shop licenses in this State are suspended. The resi therefore is that the Search and Seizure Act is in full force and effc in all territory of the State of Illinois. Of course the holding of the Attorney General of the United Stal as to what constitutes intoxicating liquor within the meaning of t'. Federal Act, is without effect upon the interpretation of the Illinc] statute. It may be true that in the Federal courts the Federal law w not be asserted against those who sell liquor which according to t! ruling of the Federal authorities is not intoxicating liquor. This quel tion, however, is distinct from the questions arising under our Ural Shop Act and under the Search and Seizure Act. In the State cour the provisions of the State law will be enforced and the determination • what is prohibited and the territory within which it is prohibited must Ij determined from the provisions of the State statute. Edward ^J. Brundage, Attorney General. 1 .