The following excerpt is from People v. Vandewater, 164 N.E. 864, 250 N.Y. 83 (N.Y. 1928):
There are those who urge that all inns, alehouses, and other places where more or less intoxicating drinks are offered to the public for consumption, tend, by reason of the kind of traffic conducted therein, like common gaming houses, to debauch the public morals and disturb the public peace, and should properly be classed with gaming houses as public nuisances. State ex rel. Vance v. Crawford, 28 Kan. 726 at page 733, 42 Am. Rep. 182. Danger to the public in an unregulated traffic in drink was early recognized in England. The state might meet the threatened danger by regulating or suppressing the traffic. It chose the less drastic course, and sanctioned the maintenance of drinking houses only so long as they were conducted in an orderly manner and in accordance with the regulations of the crown. Traffic in drink was lawful before the state
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