The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-22
AFTER THE CLUB BARS.
THE CITY ATTORNEY TO GIVE a
LEGAL OPINION TO-DAY.

The Clerk Of Councils Letter 70 the
Cglethorpe Club and Col Owens
Rsp-y-A License as Retailer and
Wholesaler Required - The City's
Action ths Talk IN Club Circles.
The announcement in yesterdays MORN
ING NEWS Of the action Of Mayor Melon
ough, in notifying the Oglethorpe Club Of
Its liability to liquor taxation, caused con-
siderable talk in club circles yesterday
There is 10 doubt that the club will make a
fight il the c5urts before admitting that it
is 'tppling house, in the sense OF the
law. The city expects a fight, as can be
seen from the clerk Of councils letter to
President Owens, which follows:
SAVANNAH. Ga. April IS 1891
OIL. George 8 OJrenS, President Of cJe Ogle-
thorpe club. SGudnnah. Ga:
DEAR SRI am directed by his honor the
mayor 70 say that be fs-ls II his duty 20 require
your c 10 to pay the taN OF 500 eIasted by
section S Of the tax ordinance Of every whole
sale liquor dealer. and also the sum Of $500. the
license exscted by section 70 Of the tax ordinance
otpersons selling liquor at retail.
The mayors under tanning IS that the club
sells 70 its members by the bottle and also a.
retail, the privileges being also accorded 10 non
resident gentlemen who may De- properly intro
duced. The mayor is advised by the city
e
for these charges under the facts indicated
The mayor desires in the event the club
denies its liability, 70 have the right OF the city
tes-ed In the way that VIII be most expe 1itiOus,
and at the same time give the least trouble,
feeling assured as he does, that it Is the desire
OF your club 70 obey the law and pay all lawful
charges.
Therefore it is that he requests that you will
be kind enough TO let him know what the club
proposes to do in this matter and that you will
refer in the event resistance viii be made) your
attorney
dsterm ne upon the best course TO be taken for
the purpose Of having the matter fairly deter
mined by the courts, with entire justice TO both
sides.
Asking your prompt reply, am very respect
fully yours, FRANK Z. REBARER,
Clerk Of Council
The reply Of Col. Owens is as follows:
sAvASsAH, GA, April le, 1891.
W. Frank 2. RebdTeT, Clerk Of Council.
DsAR SIR am ia receipt OF your note Of yes
t9rd4y. as soon as can refer the subject Of
you communication TO the executive commit
tee OF toe club, viii advise the mayor OF our
GEoReE S. OWENS,
President Oglethorpe Club
City Attorney Adams was seen yesterday
about the matter. He said that he pre-
ferred not 10 express any views except TO
the mayor, who has asked his opinion. He
purposes writing full opinion on the SUBJ
Ject to-day, aad be had no objection to its
publication If the mayor has none. The
opinion already given 70 Mayor hcDonouRh
was verbal. In a short talk the city attorney
mentioned the fact that the city ordinance
does not only require a license of
saloons, but of all persons selling liquor,
and the only question submitted TO him was
the Interpretation Of this ordinance. SIR.
Adams said that he Is satisfied that the sug-
geStlon which sought to create the impress
SION that the saloonkeepers started move
ment against the clubs is unfOunded.
The city believes that it will win the
fight from decisions in other cities and
states in similar cases, principal among
which is that Of the Capitol City Club of
Atlanta. This club is almost identical
with the Oglethorpe club, and the city
ordered it to take out license. The club
refused and went before Judge Marshall
Clarke, who decided that 1t was practically
on footing with other liquor
selling establishments, and it had
to conform 70 the citys requirements as
70 licenses.
The ordinance does not say that saloon
alone must take out a license, but any per-
son who sells liquor. The Oxlethorpe and
other clubs. the city claims, have
practically admitted their liability by
taking out government licenses, aud
1t is matter Of record that the clubs
officers have 70 make an affidavit before
getting the license that they propose t.
carry on liquor business. AS will be seen
by the letter to the Ogethorpe, the city
demands that it take out both wholesale
and retail license, from the fact chat it is
alleged liquor is sold both in bottles and by
drinkR
II the courts hold the city is right in tax
ing the oglethorpe the other club organiza-
tons which have bars will also have to fall
into line.
This is not the first time the club question
has been considered. City Attorney Adams
gave an opinion to both Mayor Lester and
Mayor Schwarz that the clubs we're liable
for license, but no action was taken
Shortly after Mayor McDonough was in
augurated he made a request on the city
attorney for an opinion on the subject, and
the attorney carefully consulted all the laws
on the subject before giving IT, the matter
being under advisement for several weeks.
The written opinion Of the city attorney
will probably be an interesting document
The club men Of the city will anxiously
watch the outcome OF the case.