The Oskaloosa herald., 1909-09-30
That Is Unless Property Is Owned
BY SaIvationists.
q OSKALOOSA CASE UNAFFECTED
Davenport Judge Holds That Proper
ty is Only Rented-it Does Not
Disturb the Operation
of Saloons.


tinction made by Judge Barker is that
in the Oskaloosa case the Salvation
Army owned the property and used
it solely for religious purposes, hence
it was a church within the meaning
of the law, and saloons could not le-
gally be operated within 300 feet OF
the building. In the Davenport case
the Salvation Army rented their quar-
tiers in building used for other pur-
poses as well, and therefore their
apartments could not be considered a
church. and the saloons are permitted
to operate unnolested.
The Davenport suit was brought by
the Civic Federation for an injunction
restraining August KARL from con-
Quoting a saloon at Perry and Second
streets and Pearl Calvin from con-
Quoting the saloon in the Palestine
hotel The state sought to close up
these places on the grounds that they
were within 300 feet from a church,
meaning the Salvation Army barracks.
What is Church Building?
The court discussed at some length
the definition of church and a church
building, citing numerous authorities
and raised many interesting points,
Judge Parker pointed out that in case
the Salvation Army barracks should
be held to be church, it being an
ambulatOry religious body by reason
Of the fact that it locates in such
places as are not taken in by the
churches and moves from place to
place-then the army and the saloons
would be kept constantly on the move.
Upon this point the court said: ITO
hold their barracks a church building
would keep the army and the saloons
constantly moving on. | do not think
that the statute was enacted for that
purpose"
The court further said: Again
considering the purpose of the stat
ute, namely to redistIfct the saloons
to the business districts of the town
and away from the schools and the
home and churches, it does not seem
that it can apply to these barracks.
Location May be Moved.
Reviewing the evidence in the case
Judge Barker called attention to the
fact that the Salvation Army barracks
are located in building tnat is com
posed of two store rooms with a sec
ond and third floor and that the en-,
tire block in which this building Is
located is built up with business
houses. One of these store rooms is
used by the Salvation Army for re
ligious meetings. The second floor is
used " Captain Graham and his fam
lily as living rooms. For the use OF
this portion of the building $25 pei
month rent is paid.
The court points out that the for
mer red light district of Davenport
was the reason for it's location be
cause it offered field for labor in
a6muCh as the Salvation Army is an
organization that does work among
the class not reached by the churches
Judge Barker's opinion adds the point
that in case the red night district
should locate elsewhere, then the Sal
walton Army would move its location
Numerous Authorities Cited.
Here the court cited some authori
ties upon the definition of a church
building. One authority defined re
llgious organization similar ito the
Salvation Army, as an organization
that does work among fallen women
an organization having no pastor anC
uncOnnected with any church and il
a building not used exclusively fol-
church purposes.
Another authority defining a Ger
tain organization known as Faith
Curists," termed them an ambulatory
body of religious worshipers, and held
that it was impracticable to apply the
statute covering a church building and
church.
Judge Parker added. Taking III
the question for discussion on princi
pie, our statute provides that in con
STRUNG it, words shall be construed
according to the approved usage of the
language. That is in accordance with
ordinary use and meaning of the
word. When we speak of church
building, the picture is presented to
the mind, of a separate structure us.
ually of special character of archi-
lecture owned by the organization
that occupies it and permanently set
apart for public worship.
Rented Room, Not Church.
ut is true that particular style OF
building or ownership by the occu,
pants are not essential to constitute
the edifice a church building, but I'M
til the thought is suggested, / do not
think that any person would conceive
of rented room In business block
as a church building.
THE name applied by the Salvation
Army to the room occupied by it
barracks '-conveys anything but the
idea of such a building"
''These, points are not conclusive,
but suggestive"
Other authorities were cited in