New-York tribune., 1896-04-08
CLUBS AND THE LIQUOR Law.
GREAT INTEREST IN THE COURT OF AP-
PEALS DECISION.
covvrNrs BY CLUB MEMBERS - GENERAL
OPINION THAT THE RULING Is APPl-i-
CABLE TO THE RAINES ACT

COMMENTS BY CLUB MEMBERS - "hNH''AH
OPINION THAT THE RULING IS APPLI-
CABLE TO THE RArNEs ACT
The decision Of the Court Of Appeals in the
case Of the Adelphi Club of Albany To the
effect that the serving Of liquor IN clubs Is
distribution Of Joint property. for which license
is not required was & subject of general con-
versation among the club men OF this city
Yesterday and last evening The main point
commented upon was that the Court held that
a club does not come under the operation OF an
excise tax law because il is a private organiza-
ton Of members and that in the matter ot
lauors sold in the club each member mas an IN
tereet. while the liquors are not sold for proht'
General Horace Porter the president OF the
Union League Club, after running over the de-
cision as report, said that the subject was one
recurring careful consideration, and upon which
an opinion would not be expressed oH-hahu'
Whether the decision would apply to the Raines
law was a subject 10 be taken into CONSIDERABLE"
by lawyers.
There was great pleasure expressed over inc
decision at the clubhouses of the Aron ana Lie
derkranz societies. The members Of these orgahi-
cations have been exceedingly earnest in insist
ing that they partoOk Of the nature OF a ho"e
circle and that the law had no right to invade
A member of the House Committee of the Arion
said last evening: This decision is In the direct
line of the contention we have been insisting upon
all along and that's that our club Is home anair
in which we regulate our conduct under the char
ter we receive from the State. This decision In
the Adelphi Club case is precisely what 1t should
be. and we believe that 1t will cover the Raines
law ana leave the clubs to conduct their own af-
fairs before
AT the Manhattan Club a similar view was said
to prevail Members were unwilling to be quoted
one of the officers Of the club said: I'VE have all
along felt that judicial decision would leave
clubs to pursue their former course unmolested
Clubs are aggregations of private individuals for
private purposes, and 50 long as they conduct
their affairs within the limits of their charters
the State has NJ right to invade them. The opin-
ion Is current here that the decision In the Adephi
Club case is equally applicable to the Raines law
since its character Is general In its applica-
ton
Clarence A. Seward, the well-known lawyer.
who is the president of the Union Club. ex-
pressed the following views yesterday of the
decision OF the Court OF Appeals in the case OF
the Adelphi Club: Il most heartily concur in
that decision. l believe that this decision re-
moves from the clubs the restrictions imposed
TO say This decision OF the Appellate Court
seems to settle the whole matter in its applica-
tion 10 the clubs.
At the Union Club the opinion OF Mr.. Sewa rd
was discussed with great interest. one of the
officers of the club said: This decision Is In the
direct line of what have expected would be
the Interpretation put upon the Raines law in
its application to clubs From my conversations
with members Of the club find that the opn-
ion Is generally held that the broad character
of the decision OF the Court of Appeals makes
th.tt thA fran nG ,t,,
are not in the nature OF sale gift. and
that. therefore, the Raines law cannot apply to
clubs"
The opinion of many club members that
under this decision. the amendment asked for
by the committee OF nine delegates from the
various clubs. permitting 'the traflicking In
liquor" on Sunday would not be necessary.
At the University. Century, New-York Ath-
letic and other clubs. the views expressed were
OF the same tenor as those given at the other
clubs mentioned.
CORPORATION Counsel Scott said yesterday that
he must decline 10 express any opinion TO
the scope and bearing the Raines law OF
the decision of the Court OF Appeals regarding
clubs until he had seen the text OF the opinion
rendered by the Court.
Fr the text Of the dssisiSn see Page is1