State v. Moran

• Decision Date: 15 July 1907
• Citation: 46 Wash. 596,90 P. 1044
• Parties: STATE v. MORAN.
• Court: Washington Supreme Court

90 P. 1044

46 Wash. 596

STATE v. MORAN.

Supreme Court of Washington

July 15, 1907

Appeal from Superior Court, Whatcom County; Jeremiah Neterer, Judge.

Al Moran was convicted of maintaining a nuisance in selling intoxicating liquors without a license, and appeals. Affirmed.

Healy & Slentz and J. J. Noethe, for appellant.

Virgil Peringer and George Livesey, for the State.

ROOT J.

Appellant herein was charged and convicted upon an information filed under section 2944a, 3 Ballinger's Ann. Codes & St (Sess. Laws 1903, p. 31, c. 28). Prior to the trial a motion to quash the information was interposed, as was also a demurrer, and both were denied. Judgment was rendered upon a verdict of guilty, and from such judgment this appeal is prosecuted.

The main contention of appellant is that the statute in question is unconstitutional, as being in conflict with section 19 art. 2, of the state Constitution, which reads: 'No bill shall embrace more than one subject, and that shall be expressed in the title.' The title of the act here involved is as follows: 'An act providing for the search for and seizure of liquors received, kept, or used, contrary to law and the appliances used in connection therewith and to define and punish as misdemeanors all violators thereof, and vesting all magistrates with authority to receive complaints and issue warrants against all persons violating the provisions of this act.' The first three sections of the statute read as follows:

'Section 1. That every person who shall, directly or indirectly, keep or maintain, by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any room or rooms, place or places in which intoxicating liquors are received or kept for unlawful use, barter or sale or for unlawful distribution; and every person who shall receive, barter, sell, assist or abet another in receiving, bartering or selling any intoxicating liquors so received or kept, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided.

'Sec. 2. The keeping or maintaining of any place in which intoxicating liquors are sold or given away, contrary to law, or in which such liquors are kept or harbored for the evident purpose of selling or giving away said liquors contrary to law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors or where intoxicating liquors are kept for the purpose of inducing people to resort, to buy or receive intoxicating liquors in violation of law is hereby declared to be a common nuisance. Upon complaint being made of the violation of this section a magistrate shall issue a search warrant in which the premises in question shall be particularly described, commanding the sheriff or constable to thoroughly search the premises in question and to seize and hold all intoxicating liquors, vessels, bar fixtures, screens, bottles, glasses, jugs and other appurtenances found therein adapted to be used in retailing, giving away or distributing liquors in violation of law, to make a complete inventory thereof and deposit the same with the magistrate.

'Sec. 3. The property seized under the warrant shall remain in the custody of the officer until the case has been decided by the court; if the defendant is found guilty the property seized shall be destroyed by the officer under the direction of the magistrate.'

The information charged appellant and two others with 'the crime of maintaining a nuisance in selling intoxicating liquors without a license, committed as follows.' Then followed a description of certain premises, which, it was alleged, the defendants kept and maintained, and in which 'said room, place and building or buildings, intoxicating liquors were received and kept, for unlawful use, barter and sale, and for unlawful distribution,' and that they there kept the room, place, or building 'in which intoxicating liquors were sold and given away, contrary to the law, and in which said intoxicating liquors were kept and harbored for the purpose of selling and giving away, contrary to law, and where persons were permitted to resort for the purpose of drinking intoxicating liquors, and where intoxicating liquors were kept for the purpose of inducing people to buy and received intoxicating liquors, in violation of law,' and said defendants did then and there 'sell and barter intoxicating liquors, thereby maintaining a common nuisance contrary to section 2944a, * * * no license having been issued to said defendants.' The evident purpose of the constitutional provision invoked was to prevent the Legislature from placing in a bill matters of which the title gave no intimation, and to...