The morning times., 1896-01-19
CLUBS IRE NOT EXEMPT
They Must Pay for a License
to Sell Liquor. =
POLICE COURT REVERSED
Jnd re McComas Decides the Test
Case of the Army and Navy Club
lie Thinks Such Organizations Are
ona Par with Others Where Liquor
Is SOld-Point- Involved

The test case made by the Army and
Navy Club to determine whether such
organizations must pay license to be al
lowed To- sell liquor was decided 10y judge.
McComas yesterday.
The judge hcid that such clubs are
engaged IN the liquor traffic witnn the
meaning Of the law, and Eius, pay the
lee, $500 year. An appca! VIII br
taken.
wnen the Press Club was required to pay
the license some months ago ana Il case
was indic against AZ ia the pUIICc court =
jury trial was demanded by the client :
attorney. Upon Il hearing OF the acts by
the jury they decided that the club was
noe '.clhuE IA Liquor wItnIn Inr terms ui
the law, aud TIE Ease was dismissed.
Judge Mailer has HCln, however, that the
tub> must pay unless Incy snow To- Il jury
tHdt thcir usr Of liquors dues not ConstItut'.
traffic.
On December ! last, the Army and Navy
Club pad its license under Il written pro-
test, and next DAY its attorney. II. :.
Woodward, filed SUIT To recover the 500.
DEFENSE OF THE GLIB.
Tie claim upon which this acton was
based was tnat the cub does traffic III
liquors. Whilc wines, whistles, etc. were
kept and served at its Quarters. II was
explained. tHis was upon "rdCTs rom The
Vc.uDrr~ or u.rIr guests. a strictly limited
number, aud Payment was nIdGc INTO tnc
clubs tree 7Gry only as Il i.cans tu uLdIIl-
tain the establishment and not at I'll al
profit L. any individual. II was not de
nivI tndt the >elilng prIre was Jn auyancc
upon cost. bat TINS WIS IA effect on" way
InrIIlhrr~ paiu thctr fees /" upprrt the clu,.
The case came up yesterday upon a dc
murrcr n-d ny Attorney Tor the District
=. I. Thomas. TINS was upon thv grounds
that The club is trafiicking in liquors and
un.iur the present excise las rIIst obtain Il
liCcns".
In tnr argument Mr.. Thomas maintained
that the Army AMI Navy club sells for a
profit. Hrsaid the case was quite different
from that of man purchasing liquor
ami using ItaJ home with ms friends tnw whom
he might choose to give it.
LAW IN THE CASE.
The club bought tor given amount and
sold FOR much higher price. That gave
profit, no matter iu;o whoSePocEct it went
Furthermore ne said the law IN it, sixth
section specifically authorizes the excise
board To grant license to such clubs
or withnofr il within their discretion.
The law also permits the clubs to sell when
ordinary places are obliged 10 close, rs
after midnight and on Sunday. The intent
was therefore pain that they should have
a license ana pay the fee.
H. cited wo cases from Maryland where.
under "A similar statute, the court uf appeals
heid that social organizations such a. tlus
club must pay license. These were The
town OF EuSton against a literary club. IN
13 Maryland. ana Chesapeake Club V.
State. in 63 Maryland.
Mr. Woodward argued for lbt club in
ne line uT The claims set forth above. He
cited a Missouri ease where 1t was held
that the 81. Louis Club could not bc con-
S!dered as liable to pay for a hcense.
JUDGE NCOMAs' DECISION.
In deciding the case Judge McComas
took very nearly the view of the matter
outlined 10y Mr. Thomas. As to the Mis-
souri, case. he said the law was very differ
cnt then.
The litrrsr was issued tu a drau-shUp.
and there could hc no question that the
rmy and Navy club is not Il drau.-Shop-
But here ne law required all persons traf-
Ticking III liquor to have license. 1t
says any one who sells, keeps or offers
liquors for sale must pay The fee.
Mr.. Woodward gave notice of appeal
The decision, IL sustained, viii allow
only druggists. dis"ricrly houses ana
brewers or diStiIlers to sell without Ii
ccuSc The druggist. it is held. does not
sell: he dispeuses liquors as medicine upon
prescription