Show atto LEGAL automobiles used in the unlawful transportation of contraband liquor ran an lie I 1 legally gally seized and forfeited affording according to the opinion ot of the ma leilly of the hie judges judgeson of the supreme feurt which was handed down yes A dissenting opinion was hied by justice J E L frick who make the iho lest best scholastic record school five scholarships thebe will the decision was made in the case of A F davis who was waa arrested by the sheilla of weber county on de lillier cc 12 1118 1918 A search of the automobile which lie he was driving is a said to have disclosed seven hundred land and forty tour four plats pints ot of whisky and two cases of gin davis was convicted in the district court and the automobile was confiscated fisca ted although mrs P F B D ferrand claimed the car by virtue of a contract of purchase between herself and the paige sales company charles charlea eSwine Nf also claimed tin an interest in he car because of the possession of a title retaining note mrs ferrand errand li maintained that hat th the e car was being used for the transportation por tation of intoxicating liquor against her consent alleging that the machine was taken from her garage in ili salt lake during the night without her knowledge the district court held that the burden of 0 proof was upon the owners of 0 the car to prove that they had no knowledg knowledge e of the use to which the car was being put the supreme court reversed this dp decision casion and granted a rehearing in the case case on the grounds that the burden of proof was not on the owners of the hie car but that it if a showing of good faith were made ot of ignorance of the use of 0 the car in violation ot of the law the car should not be confiscated this thia would especially apply in in instances of the purchase of 0 cars on the installment plan where a title retaining note is licit ly by tile the company selling the cars justice A J weber held that chete could lie be no question as aa to the meaning of the law which says when tile the illegal tion of intoxicating liquor shall occur in he presence ot of any sheriff constable marshal police officer or other off licer having power to serve a aal pio process cess it shall be the duly of such officer without warrant to arrest the offender anil and seize the intoxicating liau liquors ors vessels and other oilier i property so unlawfully biilly used in ill the illegal loil ot of such intoxicating liquors the question lie he says arises as to what is meant by other property properly and aid he argues that properly prop eily used in the transportation means anything actually used in the transportation por tation which would include iva wagons gons carriages automobiles and vehicles ot of every kind so unlawfully used it if the word appurtenances had deen used in the pace of other property he admits that some doubt bould have arisen in ills his minds as to lo whether or not an automobile might be included as an appurtenance of the traffic in contraband liquor justice S it thurman J ustice justice valentine gideon and chief justice 1 E 13 corfman coffman all concurred in the opinion as rendered by justice in the case of 0 hyrum jensen arrested in ia weber county on november 1 1918 alleged to have had in zis ills possession pints ot of whisky he decision or of the district court was iu sustained stained according to the findings of fact ind conclusions ot of laws in III the dis act court C 11 reilly kellly appeared and made claim to the car which was eing driven liy by jensen at the time t f his arrest liy virtue ot of a note and ill alleging eging that lie he had no knowledge know ledga concerning ning the use of the machine P li I 1 ryan also filed a claim of of the car and tile the court beld that ryan was the owner of the ar and that it was being used by in the business ot of reilly and that the contraband liquor which was alleged to have been found iu in he car was there with the knowledge ind consent of ryan and that it had een brought into the state from wyoming 0 be sold by ryan the car and the bottles containing the he liquor were ordered by I 1 the lie court to 0 be sold and the funds turned over to 0 the interests ot of the state |