East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-12-24
(By Frederick steiwer District
Attorney

CBy Frederick Steiwer, District
Attorney
The public will be interested in the
effect Of the prohibition status upon
lodges and other organizations main
tanning bars which distribute intoXi.
eating liquors. Sections 10 and 15 Of
the prohibition law makes such bars
impossible. All lodges viii be re-
quired to discontinue their bars and
to keep intoxicating liquors entirely
away from the lodge premises. Sec
tion 10 prohibits any person from
keeping or maintaining by himself, or
with others. or from aiding in his
maintenance OF any lodge room or
club room in which intoxicating IL
quor is received or kept. Section 10
makes the lodge room where liquor
is kept unlawfully, a common nuis'
ance. and the prohibition law pro-
yldes how such nuisance shall be dis
posed OF by the officers.
it seems plain from the considera'
ton OF these two sections that there
is no way by which liquor may be kept
in lodge rooms or distributed among
lodge members or used for any pur-
pose in connection with the lodge.
Section Is declares that the place
where persons are permitted to re-
sort. for the drinking of Intoxicating
liquors as beverage" is a common
II follows that a lodge
member may lawfully carry liquor on
his person to lodge hall or club
room. but If anybody is permitted to
resort to such club room for the pur-
pose of drinking such liquor, then the
club room becomes a nuisance, and all
parties interested are guilty Of viola
ton of the law This statute is so
broad that II seems a restaurant
keeper cannot lawfully permit liquor
to be brought to the restaurant by
customers and there used qs bev-
erage. Under the authorities, one act
probably would not be unlawful but
as soon as the practice became gen
eral the law would be violated. The
safe course for the restaurant man is
tC prohibit the consumption OF liquor
on his premises The nuisance re-
fcrred to in these paragraphs can be
enjoined by a proceeding set forth in
the prohibition statute.
a very important part of the null
sance feature of the prohibition law
is its effect upon the person owning
or having under control any building,
The law provides that any such per-
son who knowingly permits a build
ing to be used as a nuisance, or who,
after being notified by the officers, or
by any citizen Of such nuisance and
then fails to take proper measures to
stop the nuisance or to eViCt the ten
ant, then the owner is guilty of assist
ing IN the maintaining of the nuis'
ance. This provision of the law re-
quires every owner. or person having
a building under control to assist in
the enforcement Of the prohibition
law regardless of his own preferences
or sentiments. Ordinarily, the prose-
cutting officers viii find 1t easier, and
probably more satisfactory to notify
the owner OF property and then pro-
ceed against him II he fails to do his
duty, than to proceed against the
bootlegger whose acts are making
some building a common nuisance as
defined by the prohibition law
But owners of buildings are not the
only persons charged with RESPONSE
biuty under the law All citizens will
have an opportunity to assist in the
enforcement Of the law and methods