Jasper County Democrat, Volume 10, Number 40, Rensselaer, Jasper County, 4 January 1908 — WEAK POINT IS FOUND [ARTICLE]

WEAK POINT IS FOUND

Defense in a Saloon Caee Find* a Hole in the Nicholson Liquor Law. MAY GIVE UPLIFTERB TROUBLE Holiness Preacher Mobbed Because He Abused Women Who Danced—ltems.

Indianapolis, Jnn. I.—A saloon ease decision of farreachingeffect was made by Judge Whallon In the police court In favor of Lon McClure, a Cereal inetown roadhouse keeper, who was arrested for violating section 8 of the Nicholson law. McClure’s attorney raised a point evidently not thought of by saloon keepers before. In section 3 a provision requires that the licensed room shall be “squarely closed and locked and admission thereto prevented.” In the same paragraph It says: “It Is hereby made unlawful for the proprietors of such a place to permit any person or persons other than himself and family to go into such room during forbidden hours.” How the Poltoe Found Things. The police found men In a room in the rear of McClure’s licensed barroom. The door between the two was unlocked, and the police declared this to be a violation of the Nicholson law In itself, and they have convicted hundreds of saloon keepers on this evidence. A charge of selling lhjucrr on Sunday was put against McClure’s barkeeper, aad he was fined several days ago on this charge. Point Raised by the Defense. McClure’s attorney raised the point that the mere fact that the door was unlocked (lid not constitute a violation of the law, for the reason that the Nicholson law allows the proprietor and his family In the licensed room, and that It would be impossible for them to enter If the doors leading to It were securely locked and fastened.

What the Decision Means. The decision of Judge Whallon moans that the police will be presented with a grave obstacle In arresting saloon keepers who sell liquor on Sunday, as many of them do business in rooms adjoining the licensed room, and get the liquors from the licensed room. If they can keep the police out until all evidences of drinking are removed there will be no chance of obtaining convictlous before Judge Whallon on this charge. The fact that the door was unlocked has hitherto been taken as proof of violation of the law.