The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-10

transaction did not amount 20 a sale
within dhe meaning of the statute. IL
was but a distribution among the men,
berS of uhe club of the property that be-
fo1ged to Them. The fact that a pay
ment was made does not change the
character of the act. for It was but the
means adopted by which each member
could receive his own, and not that be-
longing to his fellow member" In an
other part of the decision, which was
prepared by Judge Haight, all the
judges concurring. il is observed that
club organized for literary, social, and
suoh like purposes, and not specially for
drinking purposes, is not amendable 70
dhe state excise law.
State Senator Raines. author of the
new excise law, was asked today what,
in hts opinion, would be the effect upon
that statute of the decision of the court
of appeals on the Adelphi club case.
Tacftly admitting that the premises OF
the decision might be applied 10 the new
law, the senator observed that the COM
ments of the court as to what conSti-
tutes he sale OF liquors might involve
the necessity of examining into nhe
status of each individual organization
20 ascertain the purpose for which il
was formed and the manner in which IL
tran.sact,S its business, and viii I'M
dOubtedly, under the new act, make
necessary o construction, by the courts
or by definite act Of the Legislature. as
TO what organizations or associations
claiming to be clubs would come within
the provisions of the new law. There
had been numerous decisions under the
old law, the senator said, as 10 organ
izdtionS which were formed with tn. ,le-
sign OF evadEng the law. Such decis-
ions would apply probably with equal
force 70 attempted evasions under the
new law.
Matthew Hale. counsel for the Adel-
phi club. said. after hearing the decds-
ion: THE new law distinctly levies a
tax for 'unaficking' in liquors. This
opinion distinctly says that clubs do not
traffic in liquors. but only distribute
what is their own / think that its ef-
feet Will be TO exempt clubs from the
provisions of the new law"
An official of the court OF appeals
said: The opinion IS in no way 20 be
construed as affecting the present law,
which cOmpels Incorporated clubs -
take out a license. The court would not
have decided the case at all. in view Of
the &c Of the new law. but for the
fact that there was $500 involved"
New York. April 9.-In relation % the
decision by he state court OF appeals on
the question Of compa MES or clubs %
"a Eze out liquor licenses. MesSrs- Sew
ard. Guthrie. MOyawetz and Steele. VINO
v-er,a retained by the Crescent Athletic
club Of Brooklyn 70 test the Raines law
in connection with clubs. said today
that in their opinion the decision would
BE- a : effective in the new a : in the old
excise laws. They are Of the opinion
that II a proper case Is preser ted % the
courts under the new law and the legal
argumFrsts and authorities a-e carefully
submitted, Il VIII be held not 70 apply
To clubs distributing liquors among
their own members
TU7osa Who are Interested in ths move
u0ant Of various clubs in this CITY 70 Oh
-ssr. an zrn-rlimenc % the law exempt
ing clubs ara believed By many lawyers
~. ne making a serious mistake. as such
a change would simply result u relleS--
ing them from the sunday clause, while
>hs effort - secure the legislation
would - basei on ne assumption Thai
-hcv ara amanda bic under the act %
no provision imposing TIA 500 hceusse
fee. These lawyers take the ErUuud
-f-s- & would D. aluch bgttter for th@
c7rIhs 2, r.=St upon The act as & now
SANDS -7-r.g- than obtain rnards tovy
legislation --sat would compel teen 90
- La out licenses. exposing tTem ~ all
ne f7quiSi-orial powers vested 81 the
excise officials