United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Berkeness, 275 U.S. 149 (1927)

United States v. Berkeness

No. 175

Argued October 11, 1927

Decided November 21, 1927

275 U.S. 149

Syllabus

1. The provision of the National Prohibition Act that no warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor or is in part used for some business purpose, supersedes pro tanto the Act of February 14, 1917, applicable to Alaska alone. P. 275 U. S. 151.

2. A provision in an earlier special act must give way when hostile to a definite policy declared in a later general act. P. 275 U. S. 155.

16 F.2d 115 affirmed.

Certiorari, 274 U.S. 727, to a judgment of the circuit court of appeals affirming a judgment of the District

Page 275 U. S. 150

Court for Alaska in favor of Berkeness, in a suit by the United States under the Alaska liquor law to abate a nuisance alleged to be maintained in his dwelling house.