New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-08


oil, CLUB CASE THAT ITS TRANSACTIONS IN
LIQUOR AMONG ITS MEMBERS DO
NOT CONSTITUTE SELLING
Albany April THE Court of Appeals to-day
.-aad down a decision which holds that clubs
49, ~. mt amenable to the State Excise law. and
a.. Inference is that they cannot be required to
80 out a license to sell liquor under the Ranes
,,ouor Tax law.
The decision was in the case Of the State
Inst the Adelphi Club. Of Albany. The appeal
. from, a judgment of the General Term,
~s,,a Department. affirming Judgment Of the
80. ~ Sessions of Albany County, convicting
,,aant Of selling liquor without a license, in
..,.,,on OF Section 81 of Chapter 401 Of the Laws
eco, and sentencing the defendant to pay a
aneaNo
.hsny County indicted the defendant. On Janu-
.rv % 1895. the defendant. through It's steward.
.oia and delivered 10 Leopold NJ. Stark. men,
Nv ~ the club at its clubhouse five glasses Of
,,o,or Mr. Stark paid the steward Of the club
Or the LIQUORS the following evening. The money
rsce,ved from the sale of these liquors went into
.ha treasury OF the club. The Court OF Appeals
reverses the Judgment Of the General Term and
the Court Of Sessions and orders the discharge
Of the defendant.
EACH MEMBER AN OWNER.
Judge Haight writes the opinion, in which all
of the Judges concur. He holds that club or
ganized for literary. social and similar purposes
and not specially for drinking purposes is not
amenabe TO the State Excise law. and need not
take out license. He also holds that club
whole buys stocks Of liquors and each member is
an owner Of the stock and liable 10 replace its
value when he uses any Of 1t. Under this con-
structon Of a State Excise law. 1t is expected
that the Raines law Will be declared unconstitu-
tional, 50 far 1t requires 1. club to take out
Iouor tax certificate. Judge Haight in his opin-
Ion says In part:
The question presented must be determined upon
q construction of our own statute OF lss2 1t first
provides for the creation of boards of excise in
towns and cities prescribes their powers and duties
and then. In Section 10. provides that "a board OF
wise grant" etc, a license. IL then specifies the
cases in which license may be granted-hrst. TO
keeper OF saloon third. TO the keeper of saloon
for the sale Of ale and beer only; fourth. to the
store store '''' '1' '''''' '''' ''0''l u
The statute contains no provision authorizing the
the character of the defendant. and 1t conceded
on the part of the learned Distrct-Attorney upon
the argument that the defendant was not an inn
tavern or hotel. saloon. store drug store within
the meaning Of the act which permitted boards OF
We thus brought to a consideration Of the
provisions OF Section 81. under which the defendant
scter OF the sale of strong and sprituous liquors.
vines ale or beer by a person without having
license. IL provides that a person offending shall
be guilty OF a misiemeanor.
This section doubtless must be considered in
necuon with Section l9. which. We have seem
regulates the sale OF strong and spiriuous liquors
by occurring persons who engage in that business
70 nrst procure license and specifies the kind OF
license which the Board OF Excise may issue. The
TACT that clubs Of the nature of the defendant
bearing upon the meaning to be placed upon the
provisions Of Section 81.
THE FORCE OF USAGE
In this connection. the construction placed upon
= statute penal In It's character BY public officers
ChsTge1 win the duty of executing its provisions
!" many years may properly be considered in de-
termining the legislative intention. Upon this SUBJ
1ect the evidence shows that clubs in this State
nave existed for long period that they have not
known fact that they have Rep ON ns nd Stock
Of liquors which they distributed 10 their members
BY a club among its members should be a sale
cith,n that contemplation Of the statute? If So
tr!et Attorneys have for many years neglected their
AS we have seen, the defendant is a social club
organized under the statute FOR legitimate pur-
bers is merely incidental and is not unlike the sup
plying Of dinners or articles which the member may
The defendant has limited and selected member
,hip, and While the property and supplies are tech
equity an equal owner IN common 1t is not or
Or for For ns he r of In is nor
business other than that which pertains TO the
Iocia intercourse and comfort Of It's members
Liquors. we'll other supplies, are distributed
Der price fixed by the officers Of the club. de-
sgned 10 cover the purchase price and disburse,
Or treasurer Of the club. and are charged agains,
The member who settles therefor monthly.
NOT A TECHNICAL SALE.
We think that the transaction did not amount to
: sale within the meaning Of the statute 1t was
but Z distribution among the members OF the club
OF the property that belonged to them. The fact
that payment made does not changa the caar-
acer Of the act. for 1t but the means adopted
BY which a member could receive his own. and not
that belonging to his fellow-member. The payment
vent into the treasury TO ultimately restore that
stich he had taken.
|. requested. that the act charged against the de-
indsn was nc violation Of the sistnte and mat
Sessions should be reversed. and the defendant dis
charged.
TALK WITH SENATOR RAINEs.
Senator Raines WAS asked by United Press
representative to say how he thought the de-
cision Of the Court Of Appeals in the Adelphi
Club case would affect the status Of clubs or
associations under the present Liquor Tax law
framed by himself. He said:
This decision is entirely under the operation OF
ovu iaw. iHeir comments freferrlng 10 the
ments OF the Court OF Appeals in the copy OF the
eec,slon which the Senator held in his hands, as
70 wnat constitutes the sale OF quor might involve
uhoer the new law the necessity OF examining into
me STATUS Of each individual organization 10 as
.ereah me purpose for which II was formed and
te manner In which 1t trans1cis its business. and
VII undoubtedly under the new act render neces-
sd!y construction by the courts or by q definite
sct OF the Legislature to what organizations or
thssociau0ns claiming 10 be clubs would come within
r r,e posisi9hs or the new law. There have been
na.n n our, decisions under the old laws as
"nch were attempted to be made with
.e gosIsn OF eVadng the law, which decisions
sya apply win equal force probably to attempted
s sr. uhner the new Law. IL clubs ex
$1,000 from paying "A tax under the Raines law.
cnv. 10 me Court of Appeals decision OF
~ "oun be necessary that each club should
" COnSGcred ScDaraielY thatc