Gardner

The present suit was instituted by the appellant as priest of the Holy Rosikrucian Church of Los An-geles, against the Prohibition Director and other federal officials to restrain them-from preventing or interfering with the procurement, possession, use, or distribution of wine, by the appellant, for sacramental or like religious rites. Prom an order denying a temporary injunction, this appeal, is prosecuted.

Section 3, tit. 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138%aa) provides that liquor for nonbev-erage purposes and wine for sacramental purposes may be manufactured, purchased, sold, bartered, transported, imported, exported, delivered, furnished, and possessed, but only as therein provided, and that the commissioner may, upon application, issue permits therefor. Section 6 (section 10138%e) provides that all permits to manufacture, prescribe, sell, or transport liquor may be issued for one year and shall expire on the 31st day of December next succeeding the issuance thereof; provided, that the commissioner may without formal application or new bond extend any permit under the act or laws now in force after August 31 in any year to December 31 of…