Georgia Reports Volume 141

Georgia Reports Volume 141

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... similar clause in a statute was under consideration In Re Milecke, 52 Wash. 312 (100 Pac. 743, 21 L. R. A. (N. s.) 259, 132 Am. St. R. 968), which was held broadly not to be violative of any constitutional provision. In the course of the opinion it was said: "Nor do we think that that part of section 2 of the act, providing that if it be shown that a party has refused or neglected to pay for his accommodations, or has removed or surreptitiously attempts to remove his baggage, such showing shall be prima facie evidence of guilt, does violence to any constitutional provision. It is elementary that, when a crime is defined, the legislature may provide the quantum as well as the proof. It is not going beyond sound reason to say that when a person asks for and receives accommodations at a hotel, for which he does not pay, or if he undertakes to destroy the innkeeper's lien on his baggage, he should assume the burden of showing an honest intent." Under the principles of the cases cited above, the legislature, by enacting the hotel act of 1910, now under consideration, prescribed a reasonable classification of subject-n1atters to which the act should be applicable, and by section two pronounced a legitimate rule of evidence, applicable in cases of prosecution for violation of the act. The law is operative throughout the State, and equally applicable to all persons coming within its scope. It does not in any sense violate the provision of the State con stitution which declares for impartial and complete protection of person and property. 3. The remaining question propounded by the Court of Appeals is whether the entire act of 1910 (supra) is not violative of the 14th amendment to the constitution of the United States. more

Product details

  • Paperback | 426 pages
  • 189 x 246 x 22mm | 757g
  • United States
  • English
  • black & white illustrations
  • 1236859324
  • 9781236859327