New-York tribune., 1896-05-09
CLUBS HELD TO BE EXEMPT
NOT SUBJECT TO THE PROVISIONS OF THE
RAINES LAW.
AN OPINION BY CORPORATION COUNSEL SCOTT
NOTHING TO PREVENT THE DISTRIBUTION
OF LIQUORS AMONG MEMBERS
An OPINION BY c
AT ANY TINE.

Corporation Counsel Scott sent a letter yeeter-
day to Acting Chief oil Police Moses d. Cort-
right. instructing him that social clubs are not
subject to the provisions Of the Raines law and
are not required to procure liquor tax certih-
cate. The Corporation Counsel also decided that
such clubs. although they may have ten FUR
nished bedrooms and are kept open regularly Tor
the feeding and lodging OF guests. are not hotels
within the meaning OF the law. but that the pro-
visions OF the statute which forbid the tramc
IN liquor on Sunday or on any other day between
1 and a m. do not apply to social clubs.
Referring to the recent decision Of the Court
Of Appeals exemptIng clubs from the procuring
Of an excise license under tn. old law. Mr.. Scott
remarks:
The Court says distinctly In that opinion that
such clubs do not traffic in liquor in any sense
whatever and consequently the provisions or the
solely to persons or corporations which do traffic
In liquor. do not apply to them Just what these
words were intended to apply to may rot pe ap-
parent but that they do not apply TO bona noe
social clubs is In my opinion. abundantly clear.
The same reasoning which leads me to ADVISE
you that social clubs do not require to pay
liquor tax and take cut receipt leads inevita,
bly, to the conclusion that they are not subjected
10 the penal provisions Of Section 81 OF the
Liquor Tax law. which fcrbids any person cor cor
offer or expose for sale, or give away any liquor
(a) on Sunday. or before o'clock a. M on
Monday; CT CD on any other day between l
o'clock and 8 o'clock In the morning; because as
/ have air aady explained, under the opinion OF
the Court OF Appeals such clubs do not sell, oHer
for sale or give away liquors under any clrcum-
stances or at any time, and there is nothing IN
the statute which prohibits their distribution
among the members OF their own property on
Sunday or during those hours commonly known
as the prohibited hours.
The fac. that club has ten furnished bed
rooms and is regularly kept open for the feed
ing and lodging Of Its members, does not, IN my
opinion, constitute such place a hotel Within
the meaning of that word as defined In exception
to Section 81 OF the Liquor Tax law.
The essential feature OF club is It's privacy.
That It Is open and accessible only TO It's mem
bers and to those who may be introduced therein
In the manne: provided by It's bylaws or con-
stituton.
hotel Is It's publicity and the fact that II IS
bound to afford within the limits OF Its capacity
entertainment and shelter to any traveller VINO
may apply therefor who Is able to pay for MS
accommodation and willing to conduct himself In
a seemly manner.
SATISFACTION AT THE CLUBS.
The opinion of the Corporation Counsel was re-
ceived last evening with Satisfaction among the
social clubs Of the city, although 1t was. OF
course, admitted that the opinion did not settle
any phase OF the Raines law ard that the whole
matter would have to be decided by the court
OF Appeals ultimately. r,..
At the Arion Club headquorte In East flty,
ninth-st.. the report OF Mr. Scotts opinion haa
been read and the members we've much pleased
that tho position taken recently by the various
clubs OF the city In their representative meet
ings at the Arion Club house had been sustaineo;
n will be recalled that the representatives. OF
some thirty clubs met at the Arion ana appoIn,eu
a subcommittee OF nine to take action TO secure
an amendment. Of the Raines law IN the In,e1ess >,
OF the social clubs The decision OF the Court OF
| Appeals In the case OF the Adelpht club. OF
Albany. on which Corporation Counsel Scott
bases his opinion. causec sudden enuihB Oh tnI
ho 0f
dissolution. .,
Edward Benneche. vice-presldent Of the Arion
Society said last evening" / nave reau M.
Scotts opinion. and 1t Is no more man mish. L
have been expected. After the decision In me
Adeph Club case. the social clubs or the CITY
generally took the ground that the kaihes aS law
ingIy While this formal opinion Is matter OF
eatlsfacton to us. Il really does not greatly aHect
the situation" .
well-known members that the opinion or the
CORPORATION Counsel would have no special erect
at the club. The decision Of the Court OF Ap-
u, ais ir the Adelphl Club matter II was sta'eu'
had already settled the question ca.
At the Republican Club, Jchn Sabine smith.
one OF It's best known members. said; 1877 uo moi
see how the opinion Of the Corporation Counsel
IL conclusive IN this matter. 1t Is merely an
opinion OF law officer To make the decision
cor elusive the courts must finally decide upon
Tho subject The decision in the case recently
argued by Mr. Choate at Albany VIII De con-
elusive Let us walt until we near rom tnat.
As for the Republican Club. It's par mas peen s
closed weekdays as we'll as sundays since .lie
Raines bill became a wv. and | do not th,nk
that Mr. scotts opinion will affect us IN that
respect" . ..,, ..a. .,a
bar had been kept open right along and that the
Raines law had been there interpreted as nav
ing no bearing on clubs A.. .,,,,
except the Republican Club have been acting
under the Adeph Club decision since 1t was
rendered.