Evening capital. (Annapolis, Md.) 1884-1910, 1885-04-23
LATEST NEWS.
CITY zzB COUNTY. .
LOCAL NEWS OF THE DAY
STr. Mccullough Sustained on his POinta
The Lower Court Reversed.


The Court of Appeals today decided
the case against the Chesapeake Club
of Annapolis, involving the local OPP
ton law Of Anne Arundel county
The case came up before the Court
of Appeals on exceptions taken at the
trial in the lower Court which con-
victed the club of an alleged violation
of the local option law by using intox-
icating liquors at their club rooms.
Judges Alvey, Robinson, Stone, Irv-
ing, Bryan and Yellott sat in the case
which was argued at the October term
by Attorney General Roberts and
States Attorney Munroe Of Anne
Arundel County, for the State, and
Messrs. S. Thomas Mccullough and
John ireland, for the club. The
Court could not arrive at a decision
before. Three of the Judges thought
all of the exceptions at the trial below
should be granted and the balance
were in favor Of sustaining the lower
Court, except on the first exception.
During the trial of these cases in
the Court below, Judge Miller ruled
that under the charters drawn by Mr..
Mccullough, no power to increase the
membership was given. To this, ex-
ception was taken He also ruled
that the Witnesses Taylor and Welsh
could be compelled to testify. On
both of these points the lower Court
has been reversed.
Judge Bryan, in his opinion says !:
"The Chesapeake Club of the city of
Annapolis, q body polite and cor
porate, was indicted for q violation of
the Act Of 1882, chapter 1l2. The
indictment contained eight counts !;
but at the trial all of them were
abandoned except the seventh and
eighth. The seventh count charged
the appellant with having in its pos
session within Anne Arundel county
whiskey and lager beer with intent
unlawfnlIy to sell the same; the eighth
count was similar, except that it
charged an unlawful intent to give
away the whiskey and lager beer at
it's place of business. At the trial
the State offered in evidence the ap.
pellant's certificate of incorporation.
The fourth article of this instrument
states the object and purposes for
which the incorporation is sought, as
follows: TO enable the members as
corporation to hold the necessary
nronertv and the more effoctualIv 10
conduct the operations Of literary,
dramatic and musical club, to pur
chase, lease, and hold and rent books,
billiard tables, papers, periodicals,
magazines and everything of like
nature which could contribute to the
ends for which this corporation is
sought, for the use of themselves,
their friends and guests, to purchase,
lease, rent and hold such, lot or lots,
building or buildings in the city Of
Annapolis, with such necessary furni-
ture, fixtures and appurtenances as
may be suitable for holding aud Civ
ing musical and theatrical perform
ances, literary and scientific enter
tainments and lectures, aud for other
public, social and literary purposes,
to lease and rent such property as
may be owned and held By the said
club, together with the appUrtenances
thereto belonging to such person q it
shall deem proper, for the purpose Of
giving such entertainments or repre-
senfation, or to employ or contract
with persons for doing the same
Of ID this case tbe whiskey and
beer which the appellant was charged
with keeping were kept for The pur-
pose 81 furnishing i to members of
the club, under certain circumstances
there would Be no violation Of the
statute We understand from the
bills Of exception that this was the
ground on which the defence was
placed. The statute does not make
Il penal b drink intoxicating liquors.
It enacts that 30 0ne shall sell them
within the limits VI Anne Arundel
county, o. hare them il bis posses
nsnv fnr hn ns4rns4Nc nf Hnars and 4hnf