
    James Woods et al., appellants, v. Peter Varley, appellee.
    Filed December 17, 1908.
    No. 15,823.
    Intoxicating Liquors: License. A movable screen maintained in tbe front of a saloon sufficient to obstruct a view of tbe interior through the door or window is a violation of the screen law. Section 7179, Ann. St. 1907.
    Appeal from the district court for Colfax county: George H. Thomas, Judge.
    
      Reversed with directions.
    
    
      
      O. J. Phelps, for appellants.
    
      W. M. Gain, Albert 8. Ritchie and Gharles L. Fritscher, contra.
    
   Epperson, C.

In the spring of 1908 the appellee filed his application with the city council of Schuyler for a liquor license for the municipal year ending May 4, 1909. Appellants remonstrated, alleging that the applicant, as a licensee, during the preceding year had kept the doors and windows of his place of business obstructed, thereby preventing a clear and open view into his saloon; and, further, that during the preceding year the appellee had been guilty of selling intoxicating liquor to certain minors. Appellee maintained a movable screen in the front part of his saloon which was sufficient to obstruct a view of the interior through the door and window. Although at certain places substantially all the interior could be observed, yet the screen did furnish a hiding-place, and could be moved to suit the convenience of the proprietor. Presumptively the screen was used to answer the purposes for which it was made. Its maintenance was a violation of the law.

We recommend that the judgment be reversed and the cause remanded, with instructions to the district court to enter a judgment canceling the license.

Dueeie and Good, GO., concur.

By the Court: For the reasons given in the foregoing opinion, the judgment is reversed and the cause remanded, with instructions to the lower court to enter an order canceling the license.

Reversed.  