The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-16
AGAINST ALLEY SALOONS
TEMPER ANCE FORCES ARE FIGHT
ING CASE IN SUPREME COURT.
lures and Is Causing Hard Legal
COntest-The Law Quoted.

A brief in the suit of the State of Indiana
which the temperance and liquor elements
in the State are greatly interested, has
been filed in the Supreme Court. The case
involves the right of saloon keepers to es-
tablish places of business so that they front
on alleys instead of public streets in cities
and towns. The Nicholson law requires
saloons to front on public ~thoroughfares
In the present case Harrison established
a saloon at Noblesville in a locality where
it fronted on an alley. He was arrested and
brought before the court on the charge of
violating a section of the Nicholson law.
The court found in his favor, ii being
shown that the alley had been given a
street name by the City Council.
STATES ARGUMENT.
The States attorney appealed the case
to the Supreme Court. 1t is understood
that the Anti-saloon League of Indiana is
behind the case. Quoting the particular
section of the Nicholson law which de-
scribes how a saloon shall be located the
brief goes on TO say:
THE purpose. therefore, of Section 1888
was TO better regulate and restrict the sale
of intoxicating liquors by imposing upon
the applicant the burden of having his
saloon face a public street, to the end that
public morals and the safety and peace of
society might be promoted by giving to
every citizen the opportunity of observing
the conduct of the business without the
necessity of his becoming a sleuth or de-
tective or without imposing upon him the
burden of lodging into dark alleys or dark
er backyards. If the Legislature did not
mean by Section 1898 to require a saloon
to be located on a street, then why have
enacted that portion of the section at all?
If an alley is a street within the meaning
of the section, or If an alley is a highway
within the meaning of the section, because
1t comes within the broad definition of a
highway, then that portion of Section 1883
requiring the saloon to be located on a
street or highway does not better regulate
and restrict the sale of intoxicating liquors.
Saloons can still be located on dark alleys,
away from public view. Boys and girls can
go in and out without fear of being detected
by the public. The business can flourish on
the removal of screens, yet what citizen
will venture up the alley In order TO detect
the laws violation?
MEANING OF AN ALLEY.
THE Legislature in e~nacting Section
1888. supra, enacted it knowing that the
term alley had a definite and particular
meaning, knowing that the term street was
never used to include the term alley Our
own court, textbook writer's and other
courts are in accord that the term alley
has a definite meaning and is a different
kind of a way than the term street en-
braces.
In the case of Taber VS.. Grafmiller, 100
Ind. 206-209, and State VS.. Berdetta, 70 Ind,
1s5-1SS. it is held that the term street en-
braces sidewalks.
I'VE thus find that a street as contem-
plated by the law must possess certain
characteristics; it must be a passageway
for footmen-it must be a passageway for
horsemen-it must be a p~assageway for We
hicles-it must have sidewalks. 1t must be
conceded by counsel for appellee that the
p~assageway in question, the alley which
was misnamed a street by the Common
Council of Noblesville, does not possess the
necessary qualifications of a street as the
term has been defined by the law. This
passageway does not have sidewalks, could
not have sidewalks and leave room for
horsemen because the passageway is too
narrow. 1t is not a proper and safe pas
sageway for footmen, as there is no sepa-
rate place for them to walk apart from
the passageway of horsemen, and it has
been found by experience that 1T is unsafe
and dangerous to have the same passage
way for footmen and horsemen. 1t is not a
proper and safe passageway for vehicles,
because the way is admittedly too narrow
for carriages to pass each other.
Therefore, if the p~assageway in question
has not the characteristics of a street, it is
not a street even If so named by such an
august body as the Common Council of
Noblesville.'