The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-04
NO SCREENS Or
SIDE DOORS
Saloon Restrictions in
Supreme Court.
FROM WASHINGTON
Ordinances Passed After an Election
Won by the Saloons Raise KICK.
Hours 8 to 8. No Billiard
ParIors or Restaurants
Run in Connection.
Run in Connection.

The case of Smith Paul against the
iCty of Washington, which will be argued
today in the Supreme Court by Mr.. Chas.
F. Warren for the plaintiff and Mr.. S. c.
Bragaw for the defendant city, presents
some rather interesting features. The
question involved is whether or not GER
tain ordinances adopted by the city re-
straining the sale OF liquor are authorized
by the charter, or if authorized, whether
or not they are reasonable ordinances reg
ulating the liquor traffic. 1t viii be con-
tended that some of them infringe upon
the rights of property owners to the use
of their property.
Washington voted on the question of
saloons or no saloons on October 18th, and
the majority for saloons was IS votes.
On November 4th. at the first meeting
of the Board of Aldermen after the cleo
tion was held, the ordinances were adopt
ed, to go irto effect January 1st. On the
second day of January Smith Paul was
licensed by the city to conduct the bust.
ness of a retail liquor dealer, the license
being granted subject to the ordinances
of the city then in force or thereafter to
be enacted.
Smith Paul found the new ordinances so
hampered him in his business that he ap-
piled for an injunction; the application
was heard before Judge W. A. Hoke, at
Chambers in Elizabeth City, on January
32rd. Judge Hoke dissolved the injunc-
tion and Smith Iful appealed to the SUI
preme Court
The plaintiff is forbidden the use of his
doors, stairways, cellar, and his building
generally, or if permitted to use them at
all it is under such restrictions as work
great inconvenience and injury. He is
denied the right, he says, to carry on bus
mess at reasonable hours, or to use a
part of his building for a restaurant, or
to lease a Part of his building therefor.
The following are the ordinances in
question:
First. That it shall be unlawful for
nay person firm or corporation carrying
on the business of selling spirituous,
vinous or malt liquors in the city of
Washington, or for any agent, servant or
employee of such person, firm or corpor-
alton, to have, use, permit or allow in
their saloon. salesroom or place of bust
ness, any storm-doors, partitions screens,
blinds, stained glass, or any contrivance
which shall in any manner obstruct the
view of the interior OF his or their sa-
loon, salesroom or place of business, or
any part thereof or with shall in any
manner conceal or cut off any view of
any person or persons in such saloon,
salcsroom or place of business from and
through the front doors and windows
thereof.
AL front doors shall be glass panneled
one glass to the shutter; the bottom of
said panel shall not be more than four
feet in height from the level of the side
walk: the bottom of glass in all front
windows shall not be more than four feet
in height from the level of the sidewalk;
all glass in front windows and front doors
shall be kept clean of dirt, specks or any
thing that will dim or obstruct the view
OF the interior of such saloon salesroom
or place of business. No counter shall
extend more than fifty feet from the front
door or doors of said saloon or saloons
All liquor shall be served at the counter,
ard all liquors drunk in said saloon or
saloons shall be drunk at the said coun-
ter OF counters: and any person violating
this ordinance shall, upon conviction
thereof, be fined $50. Each and every
day upon which violation OF this section