The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-11-05

| SeClon =, III IL Snall De mduo tC
appear to the Mayor, as ex-officC
Police Judge, that there is probable
cause to believe that liquor, the sale
of which is prohibited by the ordin
| ances OF the City of Guthrie. is be
ing manufactured. bartered, given
away or otherwise furnished. or IL is
being kept for the purpose of being
sold, bartered given away or other.
wise furnished, in violation OF the
ordinances of the city OF Guthriel
such Mayor as eX-officio Police Judge,
shall issue a warrant directed to the
Commissioner of Public safety or TO
any police officer OF the City of
Guthrie, commanding him to search
the premises described and designat-
ed in such complaint and warrant.
and to seize all such liquor then
found together with the vessels in
which it is being kept and all inn
plements, furniture or fixtures used
or kept for such manufacture, furn-
ishing, selling, hartering, giving
away or otherwise furnishing of such
liquor and safely keep the same, and
to make return OF said warrant with
in three days showing all acts and
things done hereunder with par
ticular statement of all property and
things seized. of the person or per-
sons in whose possession the same
was found, ii any, and If no person
shall be found in possession of said
property and things. his return shall
so state. A copy of said warrant
shall be served upon the person or
persons found in possession of any
such Liquor furniture or fixtures so
seized, ana if no person or persons
be found in possession thereof a copy
of said warrant shall be posted on
the door OF the building or room
wherein the same are found.
Section 3. Upon the return of
such warrant, as provided in the
next proceeding section, the Mayor
as exofficio Police Judge, shall fix
time not later than ten days nor
more than thirty days thereafter for
hearing Of said return. when he shall
proceed to hear and determine |
whether or not the property and |
things so seized, or any part thereof. |
We're used, or in any manner kept |
or possessed by any person within |
this state with the intention of vio- |
lating the ordinances of the CITY of |
Guthrie or the laws of the State OF |
At such hearing any
person claiming any interest in any |
of the property or things seized, may
appear and be heard upon filing a
written plea of Intervention, setting
forth particularly the character and /
extent of the claim; but upon such 1
hearing the sworn complaint or affi- L
davit upon which the search warrant Il
was issued. shall constitute prima
character of the property and things
seized and the burden shall rest up
on the complainant TO show by com
petent evidence his property rights
that the same were not used in VIC
alton of the ordinances of the CITY
of Guthrie or the laws of the State
Df Oklahoma, and was not in any
manner kept or possessed with such
Intention If, upon such hearing no
lerson shall appear as claimant for
my Of the property and things
seized, the Mayor as ex-ornclo Police
udge shall thereupon enter judg-
nent of forfeiture in favor of the Il
'ity without requiring or receiving
my other evidence than that con
aimed in the sworn complaint or affi-
lavt upon which the search was
ssued. IT. upon such hearing, any
'erson shall appear as claimant to
he property or things seized, or any
'ortion thereof, the issue of fact
hus raised shall be tried in the
ame manner as other proceedings
# the Police Court ana judgment
hall thereupon be entered accord
ngly.
Section A. All liquors, property !
nd things seized under the provis r
ons of this ordinance shall, upon
eing adjudcated forfeited to the )
ity, be forthwith destroyed by the
fficer in whose custody the same
{ the time are: provided however, 4
lat if in the opinion of the Mayor :
uch furniture, property and things, \
ther than liquor is of value ana :
dapted to any lawful use, the Mayor i
$ a part of the Judgment and order i
a the case, shall direct that such {
roperty or things Of value be sold
y the Commissioner of Public
afety. and the proceeds thereof
aid over to the contingent fund Of :
le city.
Section 5. The officer whose duty /
is 10 destroy liquor forfeited to F
le city, who shall dispose of said r
,rfeited liquor in any other manner T
ian as provided by Section T. of this
rdinance, shall be guilty Of mis- y
emeanor and shall, upon conviction, =
2 fined not less than $4,000 or be
Imprisoned in the City jail for not =
IS than sixty days or both. I
Section 6. All places where spirit
Gus vinous. fermented or malt n
quors or any imitation thereof or :
Institute therefor, or any malt or Y
'mpound of any kind whatsoever =