Berkeness

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 declares any place to be a nuisance where alcoholic liquors are “manufactured, stored, sold, or vended, given away or vended contrary to law.” Sections 19, 20, 39 Stats. 903 ( 48 U.S.C.A. §§ 280 , 281). The District Judge sustained a preliminary motion of appellee to exclude evidence as to liquor found in a cabin occupied by appellee on the ground that such evidence was illegally secured. Rulings followed sustaining objections to the offer made by the district attorney to show that the liquor seized as evidence was taken under a search warrant issued upon, the sworn statements of witnesses. The affidavits were…