Owen J. Roberts

“ This argument overlooks the fact that the National Prohibition Act prescribes no special penalty for importation in violation of its provisions. Section 29 of Title 2, an omnibus section fixing penalties for violations for which no special penalty is prescribed, is the only one under which punishment could be imposed for illegal importation. ”

“ We are asked to hold that one who violates the Prohibition Act by importing liquor, may not be indicted, tried, and sentenced under the Tariff Act, which makes the importation of 'any merchandise [3] contrary to law' a criminal offense. The phrase 'contrary to law' as used in the later act is unqualified and taken in its natural meaning signifies 'contrary to any law,' and hence contrary to the earlier prohibition act, so that a violation of that act would be an offense within the other. ”

“ The language used is sufficiently broad to include specific penalties fixed in other sections of the statute and also such as might be imposed by separate legislation. The Tariff Act, a later statute, fixes a definite penalty for one of the violations grouped in the penal section of the earlier act. ”