State v. Peterson

Citations

• 107 Kan. 641
• 193 P. 342
• 1920 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Illegal Transportation — Forfeiture of Automobile — Rights of Mortgagee. The provisions of section 4, chapter 217, Laws of 1919, are considered together with the legislative history of the act, and held not to show an intent to protect from forfeiture the interest of a holder in good faith of a mortgage' on an automobile used in the transportation of intoxicating liquors and which has been declared a common nuisance and ordered sold.</p> <p>2. Same — Illegal Transportation — Statute Forfeiting Automobile■ — ■ Within Police Power of State — Statute Constitutional — Rights of Mortgagee. It is within the police power of the state to provide for the forfeiture of property used in the violation of a criminal statute and to provide that the rights of an owner or mortgagee, however innocent of the intent or purpose for which the property is to be used, shall be forfeited. Notwithstanding the holder in good faith of a mortgage on an automobile is not entitled to have his lien satisfied out of the proceeds of a sale under the provisions of chapter 217, Laws of 1919, declaring an automobile used in the' transportation of intoxicating liquors a common nuisance and providing for its forfeiture and sale, the act is not unconstitutional on the ground that it violates the fourteenth amendment by taking property without due process of law.</p>