Pierce Butler

“ Intentional failure of enforcement officers to report violations is doubly injurious to the public. It encourages offenders and disgraces the law. Performance of duty by prohibition agents is quite as important as compliance with law by authorized manufacturers, physicians, pharmacists and carriers. The general clause in question applies to the latter. With equal reason it may be held to cover failures of enforcement officers to report for prosecution violations and offenders known to them. And that construction is consistent with the established policy of Congress. ”

“ When an officer shall discover one transporting liquor in any vehicle in violation of law, it is his duty to seize the liquors, take possession of the vehicle, arrest and proceed against the person in charge of it. ”

“ No one but a physician holding a permit may issue a prescription for liquor. And no physician is allowed to prescribe it unless, upon an examination or the best information obtainable, he believes its use as a medicine is necessary and will afford relief from some known ailment. No more than a pint of spirituous liquor shall be prescribed for the same person within ten days, and no prescription shall be filled more than once. ”

“ The rule that penal statutes are to be strictly construed in favor of persons accused is not violated by allowing the language to have its full meaning where that construction is in harmony with the context and supports the policy and purposes of the enactment. ”

“ It is unlawful for any person to procure the transportation of liquor without giving the carrier notice of the character of the shipment. No carrier is permitted to transport and no person may receive liquor from a carrier unless there is shown upon the package specified information as to consignor and consignee, and also the number of the permit allowing the transportation. ”

“ Treasury regulations require that the reports of prohibition agents shall include statements of infringements of internal revenue laws also involved. Regulations 12, art. 35. They are entitled to like protection against prosecution in state courts for acts done under color of their office. ”