The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-05-21
.DO|NGS IN FIVE COURTS,
Judge Sanders Rules that the Mon
tana Club Shall Pay Liquor
License.
A Heavy Damage Case Against
tho Northern Pacific
on Trial.
Important Opinions to be Handed Down
To-day in the Supreme Court
United States Courts.

In the action Brought By County Attor-
ney Nolan for the state. against the Mon
tana club, before Judge handlers, the latter
rendered an opinion yesterday in favor of
the state.
The suit was to compel the club to pay
license for disposing of liquors, the same as
every retail dealer, or $125.
Last year Attorney Ballet brought n
similar suit, which was submitted to Chief
Justice Blake and decided by him in favor
of the Montana club. Judge Sanders finds,
however, that the laws of Montana provide
for this case and based his opinion on Sec
ton Of an act concerning licenses, passed
at the extraordinary session of 1887. ap-
proved September IA of that year, which
reads:
'.All persons who deal in, sell or dispose
of, directly or indirectly, any spirituous,
alcoholic, vinous or malt liquors in any
quantity less than one quart, shall before
the transaction of such business, obtain a
license for which he shall pay = in
any city, y which ..containg popu-
lation of $500 or over, $500 per year"
P. Barden VS.. the Montana Club was de-
cided by Judge Blake, chief justice of the
territory, in chambers, in favor of the club,
upon an agreement entered into by the
plaintiff and deeendent, submitting the
matter to Judge Blake without argument.
The only statement presented was that OF
H. r. Buck, attorney for the defendant, and
in his presentment Of facts stated: THAT
the defendent is social club duly organ
lied and incorporated. That the objects
for which it was organized are for literary,
educational and social purposes, and for
mutual improvement and benefit. 1t pur-
chases for It's members as body, liquors
| in small quantities, which are distributed
| among the members and such persons re-
siding outside of the city of Helena, as may
become temporary members or guests of
| the club. Each member who takes drink
receipts therefore and signs slip of paper
on which he is charged with the drink. at
cost, and the item is afterwards included in
his club dues. No profit is made from such
distribution. neither in it's organization, nor
in its management, is there any attempt on
the part of defendant to evade the license
laws of the territory"
Upon this statement Judge Blake rem
dered an opinion as follows: '1n my judg-
ment, the weight of authority is against
| the right of the plaintiff to collect the
license therein mentioned. 1t is therefore
adjudged and ordered that the defendant
have Judgment for it's costs and d1sburse-
ments herein incurred"
At the hearing of the case which was had
few days ago several witnesses were ex-
amined who testified that the club did not
sell liquor as business for profit, and it
was shown that any profit derived was ap-
propriated toward the improvement OF
the club rooms. The club charges as much,
and in some cases, where whisky is dis
pensed, more than the other bars of the
city. but 1t is claimed that the club pays a
good deal more for its liquors. The fact
that the state law makes a provision fol
cases where liquors are disposed of il
quantities less than quarts, Judge Sanders
believes covers the Montana club case ex
actly, and he decides therefore that the
club should pay license of $125 per quar-
ter the same as another dispenser of intoxi
eating liquors. The case will undoubtedly
be appealed. This case is of considerable
Importance as involves the same question
in nearly every city in Montana where SO
cial clubs, such as the Montana club, ART
organized.