Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-07-21
BASEMENT PROPER
/. PLACE FOR SALOON
Polk County Judge Holds tor
Defendants in Liquor
Case.
DES MONIES SALOON WINS
Temporary Injunction Is Denied BY
Judge-Says Place Is lmmaterial
So That Room Is Not Obscured
From View of Public on Street.

Des Moines, July 16.-Rally &c Fish
err will continue to operate saloon
on Fifth street across the alley north
of the government building despite
the efforts of the Iowa Anti-Saloon
league to the contrary. Judge Hugh
Brennan yesterday decided that the
strong points of the evidence were
with the defendants and held that the
saloon was not being operated in Vlo-
lation of the law.
Il don't want my decision to mean
saloons can be operated in Easements
or in places that do not conform 10
the statutes" said the court, but IN
my opinion the place in question Is
being run in strict accordance WIN
the meaning of the mulct law ana
therefore | must refuse the petition
for a temporary Injunction
Judge Brennan decided in favor OF
the defendants in every point or the
controversy. In the matter of the con-
sent of the United States government
to the operation of the saloon within
fifty feet of the pOstOftice he held tnat
the government is not resident
property holder for the reason that
freebooter must be an individual and
the government being collection or
individuals cannot be said to be res
ident property owner.
AS to the matter of building a par
titiOn in a room for the purpose OF re-
moving the actual saloon room fifty
feet from a property holder who does
object to the operation of the liquor
house, he held that the saloon was
thereby removed the required distance
and no ground for complaint existed.
Another point raised and disposed
of was that of the manner of property
contemplated in the statutes. The at
torneys for the plaintiff held that a
person who leases a room and places
therein his personal property is there
fore a freeholder and may refuse his
consent for saloon purposes. Judge
Brennan holds that personal property
is not contemplated, but to come with
in the meaning of the law person
must own real estate before his con-
sent is necessary.
In the last and most vital point of
the entire controversy, as to the abil-
ity of persons walking along the street
to see the interior of the saloon,
Judge Brennan held that the partic
ular instance in question does not ap-
peal to him as an obstruction from the
public view. He said:
1T appears to me that the city
council and proper authorities have
made an investigation of the property
and room in question before the per-
nit was issued to the owners Of the
place for the operation of a saloon and
their decision gives permission to
operate. This would tend to show
that the law is not violated. Further
the testimony in this case has shown
that there are two windows and a
door in the front of the room and
three long windows in the side. These
facts give me reason to believe that
a person on the street desiring to see
any one in the saloon room can easily
do so. 1t appears that the interior,
bar and all objects are easily visable
from the street and sidewalk"
There is every probability that the
case will be taken to the supreme
court for test of the basement sa-
loon. Although Judge Brennan eau
| toned the lawyers against taking his
| decision as inviting the basement ga.
| loon, he held that a room properly
open to the public view and with the
| other necessary legal consent may be
| in any part of a building