The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-06-12
OPINION IN THE
BLACK CASE
Full Text Cf Judge Bur-
fOrd'S Decision

Tuf following is The opia.H in ui
handed down bv Judge Jonn % hutiurd I
a. denying the applicaf3l uf tnc AnnelF' I
err busch Brewing agent Tor new ilcehrt I
to Wholesale and retail beer m l"san I
county
fn the district court Of Logan county
H. E Swan .et al VS. M Black
Appeal from The board of county com-
misiOncfs.
The appellee M g Black made applica-
wholesale in the Second ward of The rity
Of Guthrie Appellants filed remou
Ftranco Hnd the cause was heard by the
board aud the license ordered to issue,
from this order the appellants appealed
TO TIE district court % Logan county
and the record is now before me FOR te-
view Tho petition is very informal ana
defective. but ] am Nntnlc go determine
from The recofd whether n" not t"@--
defects were waved by the rensunstrants.
it is claimed on the one side that on The
trial the parties stipulated That NO ODE
jections should be urged 90 the 8uuiciency
of petition, Op the othcr noud it b.
denied that any such agreement was eu-
tered into In the confused state of the
record decline TO pass upon these ques-
tiOns.
One of the grounds Of the remonstrance
Is that the applicant had violated the pro-
Visions of the hlan- lqws lu the past year.
Proof was introuuced clearly showing
that the applicant NJ 8. BLACK, was "A
licensed dealer in matt, spirituous ana
vinous liquors at retail during the year
lelD and doing business ut Whist Us known
as the Victor Bar No evidence was
Introduced TO contradict this proof IL
turher appears from the evidence that
dualug this period, the windows ON the
east side OF the saloon ana facing the
street were painted light lead color
from the bottom up 20 a height of seN-
eroi feet ana tha' curtain covered the
space above the painted glass; u was
also shown that the mar ur counter was
along the west side Of the room. running
icrBth wise north and south, and that
the south end of the counter, a few feet
back in the from from the south window
was glass aud wooden screen about
ave or six feet high. aud extending out
from the counter about six on seven feet
This glass was partly transparent but
obstructed portion Of the room from
the south window OF the building This
screen and painted windows III they
partially Obstructed view of the inter-
iOr OF the building, through any door on
window was a violation OF the statute.
The law makes Il the duty OF an dealers
IN malt. spirtuous or vinous liquors 20
keep the windows and doors OF their re-
spcctive places Of business uuobstrdcted
BY screens, blinds. paint or other articles
ana any person violating this requirement
cannot be licensed again 10 deal In
liquors A door or window that is parti-
ally obstructcd by paint. screen curtain
or bar furniture, by whatever name call
ed. cannot be said to be "unohstructed'
and unless the dealer KEEPS the windows
and doors Of his place OF business entire.
" and completely unobstructed he must
Suncr tue consequences imposed by law.
The law also prohibits any dealer in
IN liquors from permitting any gambling
or games OF chance Go be carried on, ot
ans gambling table. billiard or pool table,
or gaming device OF any character 70 be
kept in any room WHORE liquors are sold
Il was shown in this case that there
was a slot machine" kept In the Vic
tor saloOn-and u Is claimed by the up-
pcllants. that "slOt machine is a gam
bling device, ana that the license should
have been refused upun this ground I
cannot agree with this coutentiOn-the
proof does not show what kind Of slot
machine this was. III lt was "a slot ma.
chine by which money or property was
distributed. or by which tickets or checks
We're given on which money. drinks ci-
gtrs .Or other articles of value was Civ
en- OF exchanged, or hy which for tho
obtained or took chance for something
value, then such device on 'slOt machine
WIS prohibited device and 20 kept IN
the saloon whore liquors were sold would
be- inViolatiOn of law, but 20 prove that
"a "lot machine was there kept is not
Sufficient the proof must so tufthcr uud
snow The character ot the machine auu
the purpose for which ID WAS or might
have been, used Every person ri aver
0gc Intelligence and experience at this
Quy knows as matter OF observation
AIhi ANtit arc many HlnA lnatNlllCH Mnlcu
ArA not operated upon any element ur
chance thcre are Slot machines which
act as salesmen. 10 sell ARTICLES aud re-.
ceiNe the pay therefnr--othcra which fur
uish music declare your weiggJ report
speeches and conversations ant c,her
MATTERS Of an Innocent and amusing
cNlructer none OF which are gambling
devices. bot are yet "sl1t machhss
within the common acccptation of ~.
term II cannot he said from the evil
ucnce IN this case. whether the slot ma.
chine IA the Victor saloon was an unlaw-
ful on lawful machine,
II Is next contcnded by the appellants
that no sufficient bond has been nled
by the applicant The record discloses
that no new bond was given by the april.
can't for the time for which the license
is requested a bond Is in the recoru
which WAS executed by the applicant as
principal with tho Fidelity and Deposit
Company Of Maryland as surety on the
I'm day 81 April 1900, and was uled with
The county cierk on the 10Th day OF April
1901 Attached 20 the bond Is the follow
ing endorsement
Guthrie d. r.; Tho annual premium
being paid on bond 80. lalil3 M 3 Black
10 the Territory of oklahoma The same
day of April, 1901 To the i-th 0ay of April
1892
FlpELlTY AND DEPOSIT CO.. OF
MARY LAND
(sEAL) By HARRY W. PENTECOsT
General Agent for Oklahoma
And this bond IS approved hy the pres-
idcnt of the board This bond s not u
compliance with the requirement of the
statutes.
No person shan he licensed until he
shall hrst give "a bond BOO the ppual sum
territory of Oklahoma conditioned hat
he Nlli not violate amy of the provisions