The City of Hays v. Schueler
| Decision Date | 06 November 1920 |
| Docket Number | 22,728 |
| Citation | 107 Kan. 635,193 P. 311 |
| Parties | THE CITY OF HAYS, Appellant, v. ALEX SCHUELER, Jr., Appellee |
| Court | Kansas Supreme Court |
Decided July, 1920
Appeal from Ellis district court; ISAAC T. PURCELL, judge.
Judgment reversed and cause remanded.
SYLLABUS BY THE COURT.
CITY ORDINANCE--Regulating Operation of Motor Vehicles--Display of Lights--Violation--Intent of Accused. A city ordinance regulating operation of motor vehicles on streets of the city, and requiring a red rear light to be displayed between certain hours, may impose a penalty for its violation without making a specific intent or guilty mind an essential element of the misdemeanor.
C. M. Holmquist, of Hays, for the appellant.
E. A. Rea, of Hays, for the appellee.
The defendant was convicted in police court of violating a city ordinance, and appealed to the district court. The district court quashed the complaint, on the ground the ordinance was void. The city appeals.
The ordinance regulated operation of motor vehicles on streets of the city, and required a rear red light to be displayed between certain hours. The motion to quash asserted the ordinance was bad because willfulness or wrongful intent was not made an element of the offense, and stated argumentatively that a light might go out without willfulness or intentional fault, and in spite of the utmost care.
If it were necessary to validity of an ordinance that conditions of the character indicated in the motion to quash should be inserted, the full protection which the regulation is designed to afford could not be secured, and evasion would be so easy the regulation would practically if not utterly fail. The regulation falls, therefore, within the numerous class in which diligence, actual knowledge and bad motive are immaterial, and the fact of noncompliance entails penalty. Instances of such regulations are noted in the case of Wagstaff v. Schippel, 27 Kan. 450, at page 458: sale of adulterated milk; sale of liquor to minors; forfeiture of ship having smuggled goods on board, although owner and officers may be innocently ignorant; and other fiscal and police regulations.
In the case of The State v. Bush, 45 Kan. 138, 25 P. 614 the statute involved penalized any city clerk who registered voters who did not personally appear and apply for registration. There was no reference to any specific intent. It was held that none was necessary except intent to commit the interdicted act, and that intention would be inferred from commission of the act. In the cases of The State v....
To continue reading
Request your trial
-
State v. Genson, No. 121,014
...509 [1954]; State v. Brown , 173 Kan. 166, 244 P.2d 1190 [1952]; State v. Avery , 111 Kan. 588, 207 Pac. 838 ; and City of Hays v. Schueler , 107 Kan. 635, 193 P. 311 [1920].)’ 196 Kan. at 82, 410 P.2d 308. After noting that the dairy industry was affected with a public purpose and constitu......
-
State v. Mountjoy
...Kan. 814, 267 P.2d 509; State v. Brown, 173 Kan. 166, 244 P.2d 1190; State v. Avery, 111 Kan. 588, 207 Pac. 838; and City of Hays v. Schueler, 107 Kan. 635, 193 Pac. 311.)" 196 Kan. at 82, 410 P.2d 308. After noting that the dairy industry was affected with a public purpose and constitution......
-
Watson Seafood & Poultry Co., Inc. v. George W. Thomas, Inc.
...an auto stage without a license although he had no knowledge that employer had failed to secure the required license); Hays v. Schueler, 107 Kan. 635, 193 P. 311 (1920) (failure to carry on motor car a rear red light); Provincial Motor Cab Co. Ltd. v. Dunning, (1909) 2 K.B. 599 (failure to ......
-
State v. Brown
...521, 526, 35 P. 19; Yoe v. Hoffman, 61 Kan. 265, 276, 59 P. 351; State v. Rennaker, 75 Kan. 685, 90 P. 245; City of Hays v. Schueler, 107 Kan. 635, 193 P. 311, 11 A.L.R. 1433; State v. Avery, 111 Kan. 588, 207 P. 838, 23 A.L.R. For decisions of foreign states recognizing the rule above quot......