United States v. Berkeness

JAMES, District Judge.

This appeal, taken by the United States, presents the question as to whether a search warrant may be issued under the provisions of the Bone Dry Act (48 U.S.C.A. § 261 et seq.), affecting only Alaska Territory, where the place to be searched is used as a dwelling, without a showing first made under oath that intoxicating liquor is being sold therein. The National Prohibition Act (section 25, title 2 [27 U.S.C.A. § 39]) requires such evidence to be presented before a search warrant shall issue.

The action was one authorized to be brought under the Alaska Dry Act, which…