State ex rel. Kern v. Jerome

Citations

• 80 Wash. 261
• 141 P. 753

Syllabus

<p>Nuisances—Disorderly House—Action to Abate — Defenses— Abatement by Parties—Good Faith—Evidence—Sufficiency. In a prosecution under the “Red Light Law,” 3 Rem. & Bal. Code, § 946-1 et seq., a permanent abandonment, in good faith, of the use of a house for the purposes of prostitution, is not shown so as to warrant the court in denying a permanent injunction against the premises, where the facts merely show a hasty change in existing conditions after the prosecution was instituted, coupled with a declaration by the parties not to again engage in or permit the business at the place in question.</p> <p>Same—Actions to Abate—Proceedings—Tax-—-Liability on Release by Bond. The giving of a bond to abate a prosecution under the “Red Light Law” does not relieve the property from the tax of $300 assessed against the property, in view of 3 Rem. & Bal. Code, § 946-7, which provides that the court may cancel the order of abatement and deliver the premises to the owners upon the filing of a bond to abate the nuisance and prevent its renewal for a period of one year, provided that the release of the property shall not release it from any judgment, lien, penalty or liability.</p> <p>Taxation — Uniformity — Charge on Business — Nuisances. 3 Rem. & Bal. Code, § 946-8, providing that in prosecutions under the “Red Light Law” whenever a permanent injunction issues, a tax of $300 shall be assessed against the building and grounds and against the owners, does not offend against the constitutional provisions providing for uniformity and equality of taxation, since the tax is upon the traffic or business and applies to all persons offending against its provisions.</p> <p>Constitutional Law—Due Process—Tax—Notice. The “Red Light Law,” resulting in a tax against property offending against the law, does not offend against the due process clause of the constitution, since the persons interested are served with process and have their day in court.</p> <p>Nuisances—Disorderly House—Actions t