Constitutional law — Trial by jury — Due process — Police power — Equity — Jurisdiction — Injunction — Public nuisances — Possession and sale of liquor — Pennsylvania Liquor Control Act.
1. The Act of November 29, 1933, Special Session, P. L. 15, as amended (which declares that property used in connection with the possession and sale of liquor under specified circumstances constitutes a common nuisance, and which provides that an action to enjoin any nuisance as defined in the act may be brought in the name of the Commonwealth in any court of equity), is not unconstitutional as a denial of the right of trial by jury or as a deprivation of property without due process of law. [111-20]
2. The Act of 1933, as amended, is a proper exercise of the police power of the Commonwealth for the protection of the public health, safety and morals. [113]
3. A court of equity has jurisdiction to restrain a public nuisance. [114]
4. The fact that the same conduct which constitutes the nuisance sought to be enjoined may subject the defendant to criminal prosecution does not preclude equitable relief. [116]
Argued June 30, 1944.
PER CURIAM, July 1, 1944:
Now, July 1, 1944, the order of the court below is affirmed on the opinion of Judge ALESSANDRONI, appellants to pay the costs.