The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-25
AN ALABAMA nEcIsrnx-

~ DC SAFE, was made BY the agent of a cor
poratlon u one OF more of the stockholders
or members. In such case, If it was an Of
Tense IN the corporation to sell, it was an in
dictable offense in the agent by whom the
act was done. An agent cannot Justify an
act prohibited by law by showing he was
only carrying out the will of principal
unless that principal had authority to do the
act complained Of A sale NAV be defined
TO be,a transfer of ownership from one per
son to another upon a valuable consideration
paid or promised. In Benjamin on Sales,
section l, it Is said: To constitute a valid
sale, there must be a concurrence of the
IolIoWlng elements, viz: First. parties
competent to contract; second, mutual as
sent; third, a thing, the absolute or general
property IN which is transferred from the
seller to the buyer; fourth, a price in money
paid or promised. The third essential is,
that there should be transfer of the abs1-
Lutte or general property in the thing sold.
Whenever the ownership is changed, this
essential OF the contracts complied with
In the present case there can be no question
that the ownership was changed. The
splrltuOus or vinous liquors we're the
property of the corporation. By the sale
they became the property of an individual,
for valuable consideration, paid by the
individual member to the corporation az
gregate.n
II was not suggested in this case, nor was
there any room for the inference, that the
Alabama club was not bona Ode within the
purpose and scope of its organization, and
was entirely free from any desire or purpose
to evade the law.
A CASE IN NEW JERSEY.
In the recent cIse OF the city of Newark
against the Essex Club, reported in Goth
All. K. !69, the supreme court of New Jer-
sey reached similar conclusion upon the
question rs to whether the club sold liquor.
The decision states that the Defendant is a
social club Incorporated in due form in
March, 1881, under an act entitled an act to
incorporate societies or clubs for social, in-
tellectual and recreative purposes. 1t is
conceded that that the organization Of the
club was bona tide for the purposes and
objects provided for by the statute
and not with the purpose of evading
the provisions of the charter of the city
Of Newark, or any law Of this state, regu-
latlng the sale of liquors The evidence is
that this CLUB, out of its common fund,
purchases liquors in the name OF the club
and keeps tue same for the benefit Of all the
members of the club. These liquors are
kept, with other supplies of the club, in the
buffers pantry or in the cellar. There is in
the club room no liquor or wine room ID
which the members have the liberty to re-
sort and drink. Any member of the club
In the club house can give an order to a
servant or attendant in the club.
or to the steward, written or yer
bally, at his option, and the liquor so ordered
will be served to him. He then, at the time
it is served, pays for it to the steward, or
signs memorandum check, which is written
by the steward, and he pays for it after
ward as charged against him on his account,
which is presented to him at the end of each
month. No one but member can pay for
such liquors SO ordered. A member can
bring friend to the club once or twics a
year, but he can be served only while in the
clubhouse upon the order Of member, and
the charge must be paid by the member.
Except in this way no one but a menu
Der can be admitted. This disposition of
the liquor is not for the purpose of making
a profit out of the member The court
then shows that in this class of cases the
Intention is entirely immaterial, the statute
being directed against the sale of
liquor without a license, and the statute
being violated whenever the act forbidden
il done. After noticing the authorities on
this question the court concludes this
branch Of the case as follows:
THUS the title passed to the buyer, and the
consideration to the seller, presenting every
quality requisite to complete bargain and
sale. 1t is wholly immaterial whether the
sale is made in open view to all who apply,
or in the most secluded place, to which only
the trusted few can gain admittance The
penalty offthe statute is denounced against
the sale without license, whether in public
or private. The prohibited act is the sale
without license, and in my opinion the ad-
mitted facts show that such sale was made
by the defendant below in cOntravention of
the law"
LIABLE TO THE LAW.
Similar conclusions have been reached by
a number of we'll considered and recent
cases. In the language of late number Of
the Central Ld1O Journal, "a number of
ca 'es have recently come before the courts
involving the question as to the power of a
social club to sell liquor to its members
without taking out license therefor, or in
derogation Of prohibitory or regulatory
laws, and in each instance it
has been decided that such clubs
are within the prohibition or purview
of statutes relating to Intoxicating liquors"
This leading law journal cites number of
these cases, and there can be no doubt that
the great weight Of authority is this way.
Suppose a member of such club should
fail to pay for liquor bought from the club,
can there be any doubt that the club could
sue him and recover upon an account for
liquor sold in suit which proceeds against
him as u purchaser!
As to who is a wholesale dealer under the
law, note that section 1924 of the Code of
Georgia provides that 1.-The sale Of such
liquors in quantities less than one quart
make the seller retailer" This test of a
retailer mas been adopted by our decisions.
(See "a Ga, 535 and $50; SO GA. 446. and 70
Ca, 32S) Au ordinance of the city, how
ever, adopted in 1868 (MacDonelI's Code,
section 1892 provides that "a license to re-
tail spirltuous liquors shall authorize the
person holding the same to sell in a uuan-
tity not to exceed ten gallons in any one
package and TO any one person, and to any
one person or copartnership Of persons not
more than ten gallons on any one day."
think that this section requires that the
liquors referred to shall be in one package,
and, further, that the sales shall be to one
person, or copartnership Of persons, and not
more than ten gallons on any one day, and
to this extent only, will license to retail
5pirituous liquors justify sales Of one
quart or more. Subject to this qualifica-
ton, ! think that If this club, or any other
person, in addition to selling at retail, makes
les also OF quart or more, it would be
liable to the tax required of a wholesale
LIQUOR dealer. do not think that the license
charged retailer will excuse him from the
payment Of the tax required Of wholesale
dealer, when tuat retailer Is also a
Wholesale dealer.
conclude, therefore, by submitting that,
il my opinion, the club mentioned cannot
lawfully sell liquor at retail in the city Of
Savannah without taking out license,
and that, if it also carries on the business
Of q Wholesale dealer, it would be liable to