Telegram-herald., 1888-12-16
POOR OLD SOULE.
rAs FIRST SOCIAL ctUs CASE
As 6sss Axsl1ss ths DsaS1a~At. Sss- a
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Bslo- ne TELEssAz HsEALD gives thls
morning. tns charge OF Judge baflnsams
- tas case u ths Fsopls - Geo Il ooeis-
ne ssisnd.zt -as chaIged Win running
saloon Under tAs guiss Of a clao roo1z 4nd
: he rs Il tas msay eluo czses ncs os-
fars tie court 70 os tired snd Il rssults ois-
ANxoualy 70 10 clubs IS TIE JDd-s dsciiss
thaL 90 room Is a saiooa- Judge bar-
AasAne sid
Tals case. xsatlsmsa. presents tAis ooudi-
tI0n "a s-ars.
some monlhs ago number Of persons
8rssalzsd under Our stzts ls~ q sOcial club
caI-d he "AsH Era CIUD and located
thsnlse ges on south Division street. No.
sal Tnsy elected officers sna among them
TIE respondent as treasurer II u aimitted
lnar they keep for sale 10 eFefg person who
desires 70 p4gchass cigars in the front part
and that they bay liquors. beer and wines
through thslr treasurer. snd the eyidsscs
seems % De that IAsss liquors are oough-
1I1 ghs funds Of the cub are orougb-
there and sold out 20 such members as de-
sire 10 purchase AZ ths usual prices paid tOE
ne sane kiad Of goods a. saloons aud bar
rooms z further appears In evidence that
he respotrnt, the treasurer OF his cinh
buys al the liqn0rs and c.gaFs, aud saI er
intsnds the dealing tGem out TO the men
oers of the club as they may desire. and
pay for and ia such quantities as they order,
aud it = claimed that neither they nor be
are under any legal obligation 70 pay tax
or place a card IS required by other dealers
ft l. claimed also by the defense that the
payment by members FOR their cigars and
drink which they have once paid for in the
general purchase IS for the purpose OF
squaiizDg the payments 70 the amounts
sken or drunk by the members. and that
such an operation Ia IN ne sense doing
liquor business
There u no question bat that the prelimi-
cary stsps taken to organize this club are
lsxal and regular. The question 10 whether
under the clrcumssADces Of this case. a tax
should De im mpOsed and paid. The tenor of
the cases In Iowa Indiana and Illinois,
cited by the public prosecutor. are TO the
eject that such sales 10 members OF such a
club by It's treasurer upon sunday, etc,
would bs violation of the law the
same as ii sold by saloon
keerer. But this case presents a
different feature. while the sale might be
| Illegal whose duty is Il TO pay thetax and
expose the card Upon that point the court
| has come 10 this conclusion: That the
| weight of authority seems to point In the
| direction that If the Club as a clab bought
| the LIQUOR used out of common fund and
sold il To the Individual members thereof
using their treasurer, the respondent, only
/ as their servant 10 make the puMhase and
sell il TO them and take pay from them
therefor and placed the receipts in cluD
| fond subject 70 the order OF the Club. that
| then in that csse il would seem that he at
east should not be required 10 pay the
/ license aud exhibit the card, as required by
/ law But still under one law he would be
| held respousi bic Tor the neglect of the Club
| 10 paw the tax and exhibit the card.
And If on the other hand you find him
while 50 doing the business of the Club also
engaged ia his own behalf in the business
OF selling or givins away to others than
members Of the Club. either by himself or
his son, or servant. or if you find him so
engaged. be not being the servant as afore-
said of the Club but using the Club as q
subtsrfuge for selling liquor. etc, without
paving the tax required by lew; II so you
find beyond reasonable doubt from the
evid.rce In this case, then your verdict
should De guilty
The statute under which respondent
would be held for selling liquors when the
club has neglected TO pay tax aud exhibit
card. is as follows:
"Au persons engaged in the busi-
, ness Of selling or keeping for sale any OF
the liquors mentioned in this act. whether
as owner or as clerk, agent. servant or en-
ployee. shall be equally liable Is principal
for any violation Of the provisions of this
sct. and anv person or principal shall be
liable for the acts of his clerk servant,
agent or employee for violation OF the pro-
visions oi this act" Under this, if you
find that the respondent, acting as treasurer
of the club. lsgslly organized under the
laws OF the State of Michigan, bought
| liquors for the club. or wether he bought
them or not. If be sold them out 70 the
members ofths club or others. that club
not having poid the tar and secured ana
hung up the card, the club would be liable
or the serv ant or agent would be liable.
In this case il you find that this respon-
dent did so sell and distribute to outside
parties or TO member. OF the club, he would
be liable under this law, if proven so IS TO
satisfy you beyond a reasonable doubt.