Alma record. (Alma, Mich.) 1878-1928, 1898-10-07
VIC. I. U. COLUMN.
JUICE PERSONS.
The p ople W Vim Dunn Charge to
the Jury.
Gentlemen IF the Jury:

Now, gentlemen, the sla'ute under
which this prosecution is bf,ught is to
10 be reasonably construed. The
statute says in substance I at upon
every sunday and during The whole oi
that day, all curtains, soreness. parti-
tions and other things that ohstruct the
view from the sidewalk and street in
front OF the building Of the bar or
place in said room wAere SAID liquors
are sold or kept for sale, shall be re-
moved. | consider that statute
mandatory. and in my judgment, and
1 So instruct you, it is mmaterlal
whether the curtains are lowered, or
the screens placed by the clerk, or not;
the principal or proprietor is bound by
that section to see that the screens ard
curtains, if they obStruct the view, are
removed. he Is liable for the acts Of
his clerk in the premises. If the pro.
prietor gives to clerk the key To
saloon for the purpose of cleaning it
ont or doing any other work and while
! curtains or places screens and does
those things that violate the statute
have read, the keeper Of the saloon is
spousible for it himself, the same as if
It were other persons.
la speaking of this statute, the
supreme court said: 1T j. necessary to
the public peace that Saloon, snail he
kept closed on Sundays and holidays
and at lale hours at night. Under
this provision (by which it refers to
sections under which this prosecution
is broughD, it is easy for an officer or
any other person TO determine whether
a saloon is open contrary 10 law. This
! section Of the act must be held valid
And Justice Campbell says Il think
/ it competent tor the Legislature, in
regulating the liquor traffic. 10 adopt
regulations conducting 10 Tie third
publicity of saloons and To- require
places of sale not to be snu, ON from
view by putting up blinds and acrenes
or other things intended to obstruct The
view of the transactions which may 20
on al any hour in the Saesroom.
fhe purpose of the statute then is to
make it osslbe upon Sundays and
o,Aer times when The saloon should be
closed, tor the public, and especially
The police, to have full, fair, free AID
unobstructed lew of the place where
liquor, are su.d. Any curtain, screen,
partition or other thing that obstructs
or stands III the way SO that such full,
nee and fair view of the place where
liquors are sold cannot be had from
! the sidewalk or street, II those curtains,
screens, partitions and sucA things
stand there, Is Il violation of he Law.
Did those curtains, screens, partitions.
aud such things sand there IN viola
ton OF thi, law?
II is not compliance with the law to
have curtains, screens, or Other things
SO arranged that for parry or an
officer to look into the place where the
liquors are sold, such person must step
up and hold his face close TO the door
or window. If member OF the public,
sou or |, III passing along in front OF
saloon or any officer, finds that curtains
or screens have been so left that, in
order 10 see INTO the saloon where the
liquors are sold, they have got to step
up 10 the window and peek Though,
then the keeper of that saloon has
violated the law. The law means aud
intends that curtains, screens and other
things must be removed on Sundays so
that the public and officers walking
along along the sidewalk in Inc
ordinary way in the ordinary part 81
The sidewalk, on the part of the side
walk winch is generally used by the
public, can easily and fairlyusee the
place and the whole of the place whore
liquors are sold. The place where
liquors are sold is not simply the
counter. It is not simply the space
behind the counter, but it includes tie
space behind the counter and all the
space in front of the counter where
customers ordinarily 60, stand, wait or
stay, when dealing at the. saloon.
The law demands that all that space
be open and free to the inspection of
the public and the officers during Sun
day so far as any Instructions are con-
cerned and that applies to the entire
day. The keeper of saloon would
haye no right for the purpose of clean