Butler Hotel Co. v. United States

This is an abatement proceeding instituted under the provisions of sections 21 and 22 of title 2 of the National Prohibition Act (27 USCA §§ 33, 34). It relates to the Butler Hotel, one of the prominent hotels of Seattle, Wash., and owned by the appellant Butler Hotel Company. The lower court found that intoxicating liquor was commonly possessed, served, and consumed in one of the dining rooms known as the “Rose Room,” in such manner and to such an extent as to constitute a nuisance, but apparently considering that abatement. proceedings are primarily preventative rather than punitive, restricted the operation of its decree to this part of the hotel and permitted it to be open and to be operated from 9 o’clock in the morning to 9 .o’clock in the evening, under a bond conditioned that there should be no further violations of the law. The court found that there was no evidence that the management of the hotel sold or kept for sale any intoxicants, and that, while in isolated cases it was shown that liquor had been kept and sold by subordinate employees, such conduct was contrary to instructions.

In substance, the evidence is that the principal patronage of the Rose Room was from 9…