Stahl v. Lee

Citations

• 71 Kan. 511
• 80 P. 983
• 1905 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Act of 1901 Not Repealed by Act of 1908. Chapter 232 of the Laws of 1901 (Gen. Stat. 1901, secs. 2493-2500), being “An act relating to the sale of intoxicating liquors and the suppression of places where such liquors are sold or used or kept for sale or use contrary to law,” was not repealed by chapter 122 of the Laws of 1903, entitled “An act relating to cities of the first class, and repealing chapter 37 of the Laws of 1881 and all acts amendatory and supplemental thereto, and chapter 82, Laws of 1897, and all acts amendatory and supplemental thereto, in so far as the same relate to cities of the first class.”</p> <p>2. - Act of 1901, Relating to Cities, Held in Force. That part of section 7 of chapter 232, Laws of 1901 (Gen. Stat. 1901, sec. 2499) which provides that “cities of the first, second and third classes may provide by ordinance for the prohibition of the sale of intoxicating liquors contrary to law and the suppression of common nuisances as hereinbefore defined, and for the search of premises where such common nuisances are maintained, and the seizure and destruction of all intoxicating liquors, bottles, glasses, kegs, pumps, bars and other property used in maintaining the same,” was not repealed by chapter 122 of the Laws of 1903, and is not-unconstitutional.</p> <p>3. - Seizure of Property — Right of Appeal. Section 4 of chapter 232, Laws of 1901 (Gen. Stat. 1901, sec. 2496), preserves to the claimant of property seized under such an ordinance the right of appeal from a judgment of the police court.</p>