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3
3
OPIUM, ETC., AND COMPOUNDS, MANUFACTURERS
any of the aforesaid drugs which has or have been pre-
scribed in good faith by a physician, dentist, or veteri-
nary surgeon registered under this act; or to any United
States, State, county, municipal, District, Territorial, or
insular officer or official who has possession of any said
drugs, by reason of his official duties, or to a warehouse-
man holding possession for a person registered and who
has paid the taxes under this act; or to common carriers
angaged in transporting such drugs: Provided, further,
That it shall not be necessary to negative any of the
aforesaid exemptions in any complaint, information, in-
dictment, or other writ or proceeding laid or brought
under this act; and the burden of proof of any such
exemption shall be upon the defendant.
The words “any person not registered” in section 8 of
the Opium Registration Act of 1914 do not mean any per-
son in the United States, but refer to the class dealt with
by the statute—those required to register—and one not in
that class is not subject to the penalties prescribed by the
statute. (United States ». Jin Fuey Moy. 241 U. S., 394;
T. D. 2340.)
Only definite words will warrant the conclusion that
Nongress intended to strain its powers, almost, if not quite,
‘0 the breaking point, to make a great proportion of citi-
te facie criminals by mere possession of an article.
In order that a person may be liable criminally as a pur-
chaser of narcotic drugs it is not necessary that he be of
‘he class who must register and pay special taxes. (United
States ». Wong Sing, 260 U. 8, 18.)
701 Sec. 5. (Same.) That the duplicate-order forms and
order forms: the prescriptions required to be preserved under the pro-
statements _ filed VISIONS of section two of this act, and the statements or
to be open fo Ib returns filed in the office of the collector of the district,
os. rnder the provisions of section three of this act, shall be
open to inspection by officers, agents, and employees of the
Treasury Department duly authorized for that purpose;
and such officials of any State or Territory, or of any
organized municipality therein, or of the District of Co-
lumbia, or any insular posssession of the United States,
as shall be charged with the enforcement of any law or
municipal ordinance regulating the sale, prescribing, dis-
pensing, dealing in, or distribution of the aforesaid drugs.
Each collector of internal revenue is hereby authorized
to furnish, upon written request, certified copies of any
of the said statements or returns filed in his office to any
of such officials of any State or Territory or organized
municipality therein, or the District of Columbia, or any
insular possession of the United States, as shall be en-
titled to inspect the said statements or returns filed in the
office of the said collector, upon the payment of a fee of
$1 for each one hundred words or fraction thereof in the
copy or copies so requested. Any person who shall dis-
close the information contained in the said statements
J Denalty for dis- or returns or in the said duplicate-order forms, except as
g informa- . : .
tion, sxcent— herein expressly provided, and except for the purpose of
Burden of proor
on defendant.