The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-01

len ualawfm purpose. or Il any person
shall show that nr IN the ownrf 90 auy
eriy seized under such warrant. aud
that the same or any p1rt thereof were
unlawfully used without bis knowledge
ior consent the fame shah be returned
to It's lawful owners.
Section A. division s. chapter SS. vol
ume :. (2nd Ed 1880. snrr & Curtiss
Annotated Statutes Illinois. provides.
"If there Is satisfactory evidence that
| any property stolen. emhCI2icd. OK oh
tdlncd by false tokcEs or pretcnsca. or
that any Of tho o her things for wnich
a search warrant may be issued. iy the
provisions Of this act, arg kept conceal
cd prepared or used IN particular
house or place. a warrant may be issued
by two Judges or jugtices OF ahe peace.
TO authorize the search OF such house
or place In the night time and TO bring
he property or things described IN the
warrant or sumomns. and the person
IN whose possession they are found, be-
fore either OF the judges or Justices who
issued the warrant or some other judge
or Justice OF the peace Of the county.
Section z Of the same chapter and di-
visioh provides:
a search warrant finds olen or ambez-
zle. property. or selzcs any Of the 9th
er things for which a nctrch Is allowed
by this act all the property and things
so Sc zcd 3hall BE- safely Kept by direc,
ton Of the judge. justice or court so
long as necessary for ilo purpose OF
being produced or used as evidence on
any trial a soon as may be afterwards
an such stolen and embe zzled proper
" shall be restored % the owner the 81
of and all the other things seized by
virtue Of such warrants shall be burnt,
or otherwise DESTROYED under the ~.
rection Of the Judge. justice or court.
Ia the case of Glcnnpu VS. Biiuon.
i5s lil 282, AZ n D 500 the court said:
'Etu utes uf the character oi those IN
question are enacted upon the theory
that he proceedings shall be against
the thing or iu ref. And the state ana
federal courts abound in decided casea
in which laws OF this Kind hnve beea
held constitutional ana valid, where n"
service was had or cor emplated, other
than that uron or against tiie oncnding
thinE and the person In whose posaea-
zion Il is found. In rcspeCt ia the MAJ
ior part. n. indeed. net all Of the pru9-
crty OF the character described IN the,
or embezzled, Il would be practically Inn
possible to find the owners. II anS.
When counterfeit or spurious coin. iotg-
ed bank notes, and inst; uments or tools
for making the same, are conhscated by
public oficers. the owners are often IN
known. II not IN remote and distalt
paris. owners OF obscene and vulgr
books, pamphlets or p ctures VINO cit-
culatc or dispose OF their goods sCcrot-
~ and IN violation Of law, aie not rcadi-
" foun dand identified with the goods
nor 90 either they or spurious coin maxi
ers hasten to claim rights Of property
in the things seized. Gambling tables.
implements and devices are not usual
and the customary subjects ~ property.
ed by vigilunt officers ~ the law the
owners arc more difficult 10 locate and
taprchend. Experience has shown thai
while the property materials, ana para
pheInnlia may bc Sc zcd, and TIE ma
moral resort or rendezvous hug, pef-
haps. broken up, the proprictors. or
those who engage in ;hc immoral and
nefarious business. are on the alert. ana
not infreuuently evadc, N they do not
altogether escape, the penalties OF .he
law. Tho object OF the proceedings 10
the unlawful and Eninnral practice he
stopped, by destroying Implements, ap-
paratus. materials etc. with which IL Is
carried on. The theory rs. with respect
to such property that no one rs longer
the owner OF H. The moment that IL j.
used and applied In the unlawful husi-
ness, st becomes liable to forfeiture, and,
though the claimant may appear aud
claim. he has no greater rights In prop
ertY so used than has any other person.
That the business or traffic designated,
is immoral and unlawful. and therefore
a public nuisance, can not be questloned;;
welfare, the state. under its police pow
ers has the undoubted right to adopt
the most expeditions, inexpensive ana
effective mode of abolishing and abat-
ing the same. That, under the various
acts OF Congress goods and things are
seized, condemned and destroyed with
out service of process on the owner, 9TH
er than seizure 0f the goods and arrest
are found. and such statutes and pro-
ccedings under them regarded constltu-
tionel and valid has been determined ~
many adjudicated cases In the federal
courts Boston Beer Co. v. Maasachu-
sets. o. H. S. 20; Bartmeycr v. iowa. ls
wall. l29; e. s. " Distillery No. ~. &
Bliss, 3S4 Fed. Cas-. Ma. "a 9G5; Boyd
v. a. s., ll6 U. s. GIG; Sup. c. 524;
Stockwell v. u. S Clim 2Si, Fed. CAa
No. l3. 466. Locke v. ~. 3, CfanCh.
33s; The Luminary. 3 Wheat. o.. lien-
dersons Distilled SpirLs, IL Wall -
nd cases cited.
'rhe exercise Of such power should be-
properly guarded and every propel
means adopted. y order 10 prevent
of the citizens under the constitution.
In that case the legislature required
that not only the property but also me
person in whose possession it was found
order to acqudint the parties who may
be interested with the proceedins, ano
that they be given an opportunity to be
should ultimately be made Of the prop
erty.
The legislature OF this state required
that copy OF such warrant should le
served upon the person or persons fosnd
/ IN the possession Of any such liquors
furniture or fixtures so Sc zed, and II
any person be not found In the posses
be pos ed upon the door OF the building
or room wherein the same arc found.
/ The masist.a.e or judge in issuing the
l warrant Is required TO describe ana des-
/ ignate the place or prem ses TO he
/ searched. directing that such liQOurs, TO-
gcther with the vessels Ia which they are
Icontained. and all implements, fusniturs
and fixtures used or kept for such Hog
manufacturing, selling barlvrlng, gNins
away, or otherwise furnishing Of Sucu
liquors shall be seized and siuciy kept
and to make return within three days %.
such warrant showing all acts ant
things done thereundCg, with "a aarticu-
lhr statement of al property seized. OF
the person or persons IA whose posse
| sion the same was found, II any. and I
no person was found IN the possesslur
Of said property The return should s,
state.
Section division 8. chapter S6 Hin
OILS Statutes, supra, provides thAi sucs
officer shall make % return, par cglarl
specifying the property taken and "a
place where and the person from whom
same WAS taken
rho warrent shows from what cour
or by what magistrate or judge b wa
issued. The provision is made thut az
ter Ghs return Of said Walraat the mag
istrato or judge shall iiX "a iinlN mot lcs'
than ten days nor NsN ilNin t1rt,
ldays thereafter. for hearing sad return
whom ne shall qrocccd TO hear and Dr.
tcrmine whether or not the propcftg
seized. or any ruFf o. iarea tgFs lrfu A.