St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-10-17
EMERY's SOCIAL"
He Disposes OF the Manhattan
Club Quite Artistically.

G. Il. Sullivan, the secretary and
treasurer of the Manhattan Social club,
who was charged with selling liquor
without license, was yesterday SEN
fenced to pay fine of 500 or be COM
mitted to the workhOuse for ninety
DAYS. On motion of the attorneys for
the defense a stay was granted, anu
bonds in the sum of $500 were entered
in order that an appeal may be taken to
the supreme court. Judge Emery'S de-
cision was carefully prepared, and re-
viewed the testimony at great length.
.'The complaint" SAYS the Judge in his
opinion, "charges the defendant with
violating an ordinance of the city Of
Minneapolis by having, on Sept. %, 1889,
unlawfully and WrOngfully disposed of
one glass of malt liquor to one Conrad
PEPPER, without first having obtained
a license SO to do" He then
reviews at great length the city
ordinances relating to liquor licenses
and says: "ThiS law is directed at the
business or traffic in. rather than the
use of such liquors. and it IS not ma
terial whether or not the traffic is
profitable one. If it is pursued as
business or traffic it must be licensed,
the object being to reach and suppress
the evils arising from the unreStrained
sale and traffic in intOXlcantS. In It's
scope and purpose 1t is Intended to re-
strain such unlicensed traffic III any
form, and the person engaging III the
unlicensed disposition Of such liquors
as business or traffic incurS the pen
atty of the law. That the sale or dispO-
sition of the liquor is for price or
profit or in the form of a gift is entirely
immaterial. This has been established
by the decision of our own supreme
court in State VS. DeuSting. SO MiDn.,
102. case appealed from the municipal
court of this city upon similar ordi-
nance to the one now in force"
The facts established by the evidence
were that on July 81, 1889, A. 3. Bent
ley, A. s. DOwdall. 0. f. ROedell, z. c.
Cummings and C. H. Sullivan signed
and acknowledged articles of incOrpora-
ton pursuant to chapter "a OF the Gen
eral Statutes of Minnesota, fol. the
Manhattan Social club" The general
purpose of the corporation was set forth
to be 1.-The instruction and mental i'm
prOvement of its members In art and
Science and their literary and social
culture" A number of articles OF fur
niture were purchased in the name OF
the club, and the business was COM
u.
uuired that regular stated meetings
we're to be held and that four members
should constitute quorum, the
minutes produced in court showed that
10 regular stated meetings were held,
and that at most of the meetings all the
business was transacted by three men.
TO become member of the club appar-
emily all that was necessary was to pay
the sum of 81. Then ticket Subdi-
vided into dimes and half-dimes could
be purchased for dollar, and with this
ticket beer, whisky or cigars could be
purchased. In summing up, Judge
Emery says: The only means of ralS-
ing revenue are, first, membership fee
of 81; second, yearly dues of 81; and
third, and chief of all. the sale of pur-
chasing or assessment tickets, without
which the member has practically no
rights in the club. In short, the con-
clusion is irresistible that the art and
science cultivated in this club Is the art
Of producing cheap liquor and the SCI
ence of lodging the license laws. 1t
will be proper and in ample time to de-
termine the law applicable to ''social
clubs" properly so called, when such an
organization is before the court. In the
present case it is sufficient to say that
the 'club" of which the defendant is
the secretary, treasurer and responsible
agent, is not such an organization. 1t is
a sham, a mere cover for the evasion of
the license ordinance of this city; and
the official character of the defendant
therein affords him no protection from
the punishment for the unlicensed sale
or disposition here shown"
City Attorney Russell said last night
that the law is now established, and
that his department proposed to proceed
at once against the keepers Of all the
other social" clubs as soon as the nee
essary evidence could be collected.