Show First Civil Car Seizure Suit Filed Filed- Under Liquor Law Action Charges Auto Was ras U Used d to Jo Deliver r Intoxicants in Violation of Statute v Said by attorneys to be the first case of its kind under the state liquor r control act a civil action was filed d in Third dis district court Saturday naming as defendant Coupe automobile le 1935 Utah license 52 The suit seeks confiscation of the car already impounded because 1 It allegedly was used in delivery o Of t liquor The Tho action was filed by D District District Attorney Attorney Calvn W. W Ra l- l ings S The case came caine before Judge Roger L McDonough on a a defense demurrer demur denuir- and motion to quash After hearIng hearing hear hear- ing lug oral arguments Judge McDonough McDonough McDonough McDon McDon- ough gave the state until March 21 to file tUe briefs The complaint charges charges' the car was owned J January nuary 19 1936 by Harry Harryl Howard for the purpose o of violating the tho liquor control l law Howard was accused of vl violating the law In a criminal complaint anc and February 4 was sentenced to 30 days in the county jail jaU The civil action is supported by byan byan byan an affidavit by R. R F. F Llewellyn who stated he was present when one ono John Boren t telephoned d the National Nation Nation- al Messenger service January 19 asking delivery of two pints pint o ot of whisky to 1119 Bueno avenue The whisky whisky- was was delivered by Howard the complaint charges ch Joseph R. R Haas Haa defense couns counsel l argued that act ct does docs not provide for confiscation of automobiles s and anc said sald it is so ISO drastic it le leaves ves the he owner of ot otan an automobile helpless once the car caris is seized by th the thO liquor control commission Ho He s said ld Jh e the law docs does not permit an owner t to bringa bring a counter action to r recover cover a se seized ed car |