Salt Lake Telegram | 1940-11-25 | Page 10 | Goods in Raid Held Forfeit

GOODS IN RAID HELD FORFEIT Venders who sell on ho title holding ding contracts merchandise used In Illegal il illegal illegal Il- Il legal enterprise do so at their own risk District Judge Herbert M. M Schiller held Monday In ordering public auction of ot property seized by the Utah liquor control commission commission commission com com- mission during a raid Judge Schiller handed down a memorandum decision in the case of Howells Howell's luncheonette 15 South Third West street raided by commission agents on October 17 1939 and long held under advisement advisement advisement advise advise- ment by the court Commission agents alleged the place a common nuisance through illegal sales of liquor principal defendant defendant defendant de de- de- de being George Howell Property seized included cash liquor bar and residence furnishings furnishings furnishings furnish furnish- ings vending machines and music boxes Claims Filed FlIed Court claims subsequently were filed flied by the Morrison Auto Supply company seeking to recover a aradio aradio aradio radio the Consolidated Amusement company the machines Tom Driggs bar equipment and the Standard Furniture company the business and residence furnishings In the decision the liquor commission commission commission com com- mission was ordered to destroy the liquor auction the seized property and turn the proceeds along with the confiscated cash over to the Salt Lake county treasurer This means Judge Schiller said that mortgagees owners and holders holders holders hold hold- ers of title-retaining title contracts leave such property at their own risk and that their only defense to seizure is conclusive proof that the property has not been used in connection connection connection con con- with an illegal business Property Forfeited Judge Schiller cites decisions of the state supreme court of recent months in support of his decision and in the case of the money in involved involved involved in- in he cites decisions of the supreme court of the United States I Money is personal property in inthe inthe the same category as other personal personal personal per per- perI I property subject to forfeiture forfeit forfeit- I ure under the law the decision says The court orders all the property property property prop prop- erty seized by agents of the Utah liquor commission shall be forfeited forfeited for for- in this case case the liquor destroyed destroyed de de- de and the remaining property property property prop prop- erty sold at public auction to the highest bidder that the money seized together with proceeds of the sale of other personal property property property prop prop- erty be turned over to the treasurer treasurer treasurer treas treas- of Salt Lake county who shall issue a receipt for same