The Leon reporter. (Leon, Iowa) 1887-1930, 1918-07-11
BOOZE AUTOS HELD
Supreme Court in d Recent Decision
Says Booze Autos Can be Held
to Pay Fines and Costs.

A recent decision by the Iowa
Supreme Court on the question OF
whether autos bringing cargoes OF
liQuor into Iowa can be held as well
as the drivers OF the cars, is OF spec
ial interest from the fact that "a a
number of autos have been seized by
Decatur county officials. A dis
patch from Des Moines says.
The recent opinion of the Supreme
Court that autos seized while being
used to haul booze may be held Dy
the authorities until suits growing
determined and all fines and costs
paid, should be somewhat OF dis
cOura cement to this form OF liquor
The case in which this opinion was
rendered, entitled State ex rel
johnson VS.. Ralph, ct al. originated
in Fremont county, fra parry fhey sfate G1 eoo9 Of
Missouri with three auto loads OF
booze found themselves minus gaso-
line in the vicinity of the little town
of Farragut. There was nothing. to
do but go in search OF the hlgnly
needful juice, which they proceeded
to do, leaving their automobiles IN
the road.
In the meantime report OF the
booze caravan had reached the Of
ficers of those parts, and the latter
sWooped down on the three automo-
biles whose drivers were at that
moment negotiating for gasoline IN
Farragut, taking possession OF IT. the e
the bootleggers, who they encounter
ed shortly thereafter, under arrest.
It was found that the cars CON
tanned 900 pints of whiskey. This
was destroyed by the authorities.
The unhappy liquor carriers plead
ed guilty to the charge & OF % Dootleg- 70 o,les
fion arose what to do with the auto
mobiles.
the automobiles loaded with liquor
when they stopped in the road con-
stituted liquor nuisance. Further-
more, the state maintained tnat the
autoes in motion were violating oadi,1g the me
voiving vehicles used for carrying
booze. In view of these contentious.
the state held that it should retain
the custody OF the cars, IN when
opinion it was upheld by Judge
Wheeler of the Fremont county dis
trict court. .,,o
cars made another appeal to the
court asking that their property be
who was then on the bench, set asiae
the previous order, holding that the
autoes should be restored to their
The state thereupon secured re-
straining- order from the Supreme
court. pending appeal, and now that
court has handed down it's decision
in the case, which holds, in effect,
that automobiles in such circumstan-
,ces come under the general classlh,,
cation of hacks, buildings, tents and
other places used for immoral pur-
noses. and hence that the law by ap-
nlying to such places would apply
Also TO autoes by virtue Of which
they may be held by. the autnorlt1es
until all legal questions arising Dy
reason of their seizure have Deen
fully determined and all charges, IN
Guiding fines and costs, nave Deen
According to the attorney general,
this is the first time that the pre-
else question involved in this case
has been determined in Iowa.
There is another liquor automo-
bile case now pending in the Su-
Dreme court, involving the question
as to whether a car carrying lquOr
NAV be destroyed. This case was
tried in Polk county, the lower court
holding that an auto containing
LIQUOR constituted vessel for booze
and hence the law would apply which
provides for the destruction OF con-
,tainers of liquor.
The automobile in question. is a
Cadillac, and is said to be valuable