Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-09
CLUB NOT GUILTY
Press Clubs Test Case as to Liquor
License.
Legal Points ArEued-Jury Reaches .
COnclusiOn in Five
Minutes.

S~~-S
morning. Counsel Andrew A. Lipscomb
having demanded a jury trial when Judge
Kimball overruled his demurrer last week.
The case is brought to find out whether it
is necessary for clubs to take out liquor
licenses. The charge was made against
Charles W. Holmes as mana ger OF the club.
Mr.. hpscomb made motion to Quash the
Information on the ground that the COM
plant was made against All employe of a
bona fide club who dispenses liquor to
the club members and does not sell the
liquor the act of 1893 contemplates.
There was discussion between the court
and counsel upon the club question.
In response to the courts inquiries, coun-
and the club consists of newspaper men
and about thirty-five men who are not
| actually in the newspaper business.
"Who dispenses the liquor?
Servants Of the club actually handle the
liquor"
Judge Miller made some remarks about
club cases heretofore tried in the court.
He mentioned musical club, in which
there was an organ; a literary club in
which were copies of papers two years old
and clubs where a signature was all that
was necessary to entitle a man to the club
Mr.. Lipscomb said he recognized the
difference between clubs in one corner Of
a bar room and bona fide clubs. such as
this particular one.
yes" said Mr. Pugh, "this is bona
fide club"
After a short discussion concerning the
manner of conducting clubs. purchasing
and selling liquor, Judge Miller asked to
hear the motion. which was read.
Mr.. Pugh's Position.
Mr.. Pugh then said he maintained that
the act of 1893 expressly and in terms re-
quires clubs to take out license. Section
of the act says that the excise board may,
in its discretion, grant licenses to clubs, and
the law also throws certain restrictions
around such licenses.
Judge Miller said that section 1 of the act
be done under license, and Mr.. Pugh added
that section pays special reference to
clubs.
Judge Miller's Remarks.
The judge was satisfied that under this
act license issued to club must ne in the
name of the club. and not in the name OF
officers or managers. This seems to be the
requirement, although in a criminal prose-
cution the law cannot get hold of club.
The law cannot punish anybody but the
licensee. The act provides that incorpo-
rated clubs may do what Others cannot.
Because the law gives the board power to
license an Incorporated body it does not
necessarily follow that they are required 10
take out license. The question narrOws
down to one of whether or not the club
sells liquor in a manner rendering Its men,
bers liable under the law.
"How would you get at the club II 1t did
not take out a icense?" the court asked
Mr.. Pugh.
Cant get at the club" he responded.
1--WE can't prosecute the club, but We can
prosecute individuals who engage in the
sale"
Judge Miller said that where members Of
! a club sell liquor in general way. as pro
hibited by law, they are, of course, liable.
The motion to quash was overruled, ana
the jury sworn.
Witnesses Called.
"You had better call witnesses for the
government" said the court
| eve have no witnesses" replied Mr.
Pugh. 1.-The case was brought in the ma
ture of a test case with the understanding
| that the facts would be admitted"
Policeman Sutton, who had sworn out the
| warrant, was present and he told the court
! that he had visited the rooms and de-
scribed what he saw in the nature of drink
ables.
| the defendant told witness that he did not
| Sell liquor.
Club Organization.
John NJ. Carter, jr.. correspondent for
| the Baltimore News and the Philadelphia
| North American, was sworn. He did not
| remember the exact objects Of the club. as
set forth in the articles of Incorporation,
but he said the objects We're social and
educational. Witness said that the club
| was bona f1de one.
Witness was confident that the club loses
on every drink sold, as we'll as on the food
served.
Witness said that there Is an associate
membership of the club, which is COM
posed chiefly Of members of Congress.
Outside Privileges.
In response to Mr.. Lipscomb's inquiries,
witness said that many men in the news
paper business are kept out late at night
and the club room is a convenience to
them. The club, he said, Is virtually a
| newspaper exchange.
person from outside of this city may
be given the privileges of the club for four
teen days. and while he is so complimented
he may exercise the privileges OF the club.
How do you get over this extension of
the privileges of the club 10 outsiders?"
the court asked Mr.. Lipscomb.
Mr.. Lipscomb explained that this privl-
lege existed in all clubs, and In this partic-
ular case, he said, 1t was extended to visit
ing newspaper men, principally. and during
the fourteen days only they are actually
members of the club.
Judge Miller said that he could not con-
slider such an expression of opinion in CIV
ing his views in this case.
Judge Miller's Remarks.
This is an important question. said Judge
Miller In charging the jury. but there has
been so mucn law IN the case tHdt lie
jury has had but little to do with 1T. The
Judge said it was conceded that the de-
PENDANT is manager Of the club, and the
distribution of liquor in the club rooms is
admitted.
I'm making these remarks said the
Judge, Il do not want to be understood as
saying that this law may be evaded in any
way. There can be no successful evasion,
whether by Incorporation or otherwise.
The mere fact that party Of men bind
themselves together Ia an incorporation
does not put them outside the operation of
the law"
Continuing, the Judge said the jury might
consider the fact of Incorporation as bear
ing on the question of whether the trans
ferring of the liquor is a sale or whether
the money taken in is for the purpose of
reimbursing the stock. The Judge told the
jury that the club was conducted, as de-
Sc ribed. by member. and certainly there
was no proof to the contrary, and that the
membership is restricted, SO that the gen.
eral public cannot get in, and there are
the necessary safeguards against the gen.