Van Oster v. Kansas, 272 U.S. 465 (1926)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Van Oster v. Kansas, 272 U.S. 465 (1926)
Van Oster v. Kansas No. 303 Argued October 20, 1926 Decided November 22, 1926 272 U.S. 465
ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS
Syllabus
1. The power of a state to forfeit property used in violation of its liquor prohibition laws extend to property (an automobile) of an innocent owner who entrusted it possession and use to the wrongdoer. P. 467.
2. Semble that there is no valid distinction rendering this police power less plenary under the Fourteenth Amendment than similar exercise of the federal taxing power under the Fifth Amendment. P. 468.
3. The mere fact that the state statute here in question has a broader scope than § 26 of the National Prohibition Act, authorizing confiscation of vehicles used in unlawful transportation of liquor, does not affect its validity. P. 468.
4. The Constitution does not require a jury trial of such forfeitures under state law. P. 469.
5. The sufficiency of the evidence in such proceedings, and the effect on the forfeiture of a subsequent acquittal of the offending person in a separate trial, are matter of state law. P. 469.
119 Kan. 874 affirmed.
Error to a judgment of the Supreme Court of Kansas affirming a judgment forfeiting an automobile, under the laws of Kansas because of its use in the illegal transportation of intoxicating liquor.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Van Oster v. Kansas, 272 U.S. 465 (1926) in 272 U.S. 465 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=UCZY2SRBCUENLBR.
MLA: U.S. Supreme Court. "Syllabus." Van Oster v. Kansas, 272 U.S. 465 (1926), in 272 U.S. 465, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UCZY2SRBCUENLBR.
Harvard: U.S. Supreme Court, 'Syllabus' in Van Oster v. Kansas, 272 U.S. 465 (1926). cited in 1926, 272 U.S. 465. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=UCZY2SRBCUENLBR.
|