State v. McManus

Citations

• 65 Kan. 720
• 70 P. 700
• 1902 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Proceedings to Condemn and Destroy Liquors ,and Paraphernalia. Where intoxicating liquors or other property kept and used in maintaining a place where intoxicating liquors are manufactured, sold, bartered or given away in violation of law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter or delivery in violation of law, are seized under a warrant issued against the keeper of such place upon an indictment, information, or complaint, proceedings to condemn and destroy such property may be had before the trial or conviction of the person so charged.</p> <p>2. -Act of 1901 Held Constitutional. Chapter 232, Laws of 1901 (Gen. Stat. 1901, § § 2193-2500), which declares ‘ ‘ all places where intoxicating liquors are manufactured, sold, bartered or given away in violation of law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter or delivery in violation of the law, and all intoxicating liquors, bottles, glasses, kegs, pumps, bars and other property kept in and used in maintaining such a place,” to be common nuisances, is constitutional, and the provisions therein for condemning and publicly destroying such property are ample and fully protect the owner in his property rights, and are also constitutional.</p>