Page:Oregon Historical Quarterly vol. 5.djvu/301

 RECOLLECTIONS OF AN OLD PIONEER. 291 of such ease, he shall proceed to try such offender without delay, and irive jndirment accordingly, hut if such officer hnvc no jurisdiction to try such case, lie shall, if the party be guilty, bind him over to appear before the next circuit court. This section was stricken out, and the following inserted in its stead: SKC. 4. Win-never it shall come to the knowledge of any oflicer of this government, or any private citizen, that any kind of spirituous liquors are being distilled or manufactured in Oregon, they are hereby authorized and required to proceed to the place where such illicit manufacture is known to exist, and sei/e the distilling apparatus, and deliver the same to the nearest district .in dire or justice of the peace, whose duty it shall be immediately to issue his warrant, and cause the house and premises of the person against whom such warrant shall be issued to be further searched; and in case any kind of spirituous liquors are found in or about said premises, or any implements or apparatus that have the appearance of having been used or constructed for the purpose of manufacturing any kind of spirituous liquors, and deliver the same to the judge or justice of the peace who issued the said warrant. Said officer shall also arrest the person or persons in or about whose premises such apparatus, implements, or spirituous liquors are found, and conduct him or them to said judge or justice of the peace, whose duty it shall be to proceed against said criminal or criminals, and dispose of the articles seized according to law. It will be readily seen that these amendments radically cha ntred the original act. ii, several most material respects. My the amendment to the second section of the act, it was made a criminal offence to give away ardent, spirits. This would prevent the master of a ship entering the waters of On-iron from irivinir his seamen their usuaj daily allowance of liquor while the vessel remained within our jurisdiction. So, a private citi/.en. without tin advice of a physician, could not give the article to any one. for any purpose, or under any ircumstances. Hy the provision of the fourth section as amended, all officers, and even private citi/ens. were not only authori/ed.