People v. Schneider
Michigan Supreme Court
Exceptions before sentence from Jackson; Parkinson, J. Ludwig Schneider was convicted of violating the local-option statute. The information filed against respondent charges him with offending the provisions of section 37 of Act No. 291 of the Public Acts of 1909, in that he has attempted to open up and establish a new saloon and bar having its front entrance within 400 feet along the street line from the front entrance of a church.
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Exceptions before sentence from Jackson; Parkinson, J. Ludwig Schneider was convicted of violating the local-option statute. The information filed against respondent charges him with offending the provisions of section 37 of Act No. 291 of the Public Acts of 1909, in that he has attempted to open up and establish a new saloon and bar having its front entrance within 400 feet along the street line from the front entrance of a church. It is alleged, also, that he had not obtained consent to do so of all property own • ers within 300 feet of said saloon. The court advised the jury that the…
1Opinion of the CourtOstrander, J.
(after stating the facts). The statute, some provisions of which are the foundation of the present suit, is so constructed, of such language, arranged in such a way, that the courts have experienced great difficulty in giving it effect. We have reviewed the legislation with. *153care, and, so far as the meaning is important here, and is regarded by counsel as debatable, have concluded:
First, that the consent of all property owners within 300 feet of a proposed new saloon or bar will not excuse the establishment of such a saloon or bar within 400 feet of the front door of a church or a schoolhouse.
2Cited by5 opinions
- Morse v. Liquor Control CommissionMichigan Supreme Court · 1947
- State Ex Rel. Fronton Exhibition Co. v. SteinSupreme Court of Florida · 1940
- Gamble v. Liquor Control CommissionMichigan Supreme Court · 1949
- George v. TravisMichigan Supreme Court · 1915
- Newport Motor Inn, Inc. v. McManusSupreme Court of Rhode Island · 1961