The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-24
Laid on the Clubs in New York
City
Under the New Liquor Law Of
That State.
A HARDER TIME
Than the Clubs In Topeka, it
Seemss
FOrdham Club Feels the Laws
Tight Grip.

New York, May 24.-PoIice Captain
Price is likely to hear later on from
the action he took last Friday and Sat
urday in entering the Fordham club
where he has frequently been a guest,
and ordering the steward to remove
from the shelves all bottles of liquor
and to cease the sale of their contents
to either members or their friends.
The FOrdham club is one of the best
known social organizations on the
North side. and includes on its men,
bership roll Park Commissioner Samuel
Mcmillan, John Claflin, John Salters,
ex-Alderman Thomas F. Lynch, Louis
Haffen, John B. Haskins, Jr., John Tier
ney, John Connolly, Samuel Duffy and
nearly three hundred other leading cit
zenS of FOrdham and vicinity. The
clubhouse is on Eighbridge, road, near
Jerome avenue, and the grounds and
building cost $50 900. 1t has an enter
tainment hall, fine bowling alleys, bill
lard rooms and everything that goes to
make up a first class country club
house, and has a home-like character,
because the members take their fanf-
lies there. Its high character has never
been questioned.
On Friday afternoon last Captain
Price entered the club house, and no
sooner was he over the threshold ana
in the buffet adjoining the billiard
room, than he called for the steward
and said to him, it is alleged:
Il want those bottles removed, point
ing to the shelf where the bottles were
kept.
whats that, sir?" asked the stew
ard, who knew Price.
Take those bottles away" the cap
tain is said to have answered. You
must stop the sale of liquor here. 1t is
unlawful"
The order was obeyed. That evening
the news became spread about and
some members expressed their views in
emphatic language. On Saturday after
noon Captain Price visited the club
again. To those who asked for an ex-
PLANTATION, he said he was simply doing
his duty and carrying out the prOVis-
ions of the RaineS law. Several law
yer members expressed the opinion
~Price had overstepped his powers; that
under the law he had no legal right
to enter the club for the purpose which
he effected, but that the moment he
stepped over the doorsin his functions
as a peace officer ceased and ne became
a private citizen. It is this contention
that he is likely to hear from.
Edwin F. Clegg of the law firm OF
Brooke & O'Leary, who has been re-
tanned as counsel by certain Organ1za-
tions which claim the right to sell liq-
uor to members in the periods prohibit
ed to other dealers, touched on a new.
point in discussing COMMISSIONS Ly-
mans action in obtaining evidences
against the fake clubs"
1.-The notorious clubs which COmmis~
sioner Lyman has undertaken to wipe
out OF existence nave III lIAy OA4AAA0AAn
little defense to offer" said Mr. Cleggs
unless they go into the question of the
constitutionality of the law itself That
has not so far as know, been prop
erly attacked, and, leaving the moral
aspect out entirely and looking at it
purely from a legal standpoint, 1 be-
iieve the cOnstitutionality of the
Raines law and its amendments could
be successfully impugned.
In the so-called clubs where the
proprietary interest is, as a rule, indi-
vidual, and where old charters have
been secured simply for the purpose OF
selling liquor, Commissioner Lyman
has undoubtedly the power, according
to the amended law, to ask for and Sc
cure the revocation Of the license or the
annulment of the charter; but II cluD
re regularly organized, as cOntradlstin-
e-1lished from Incorporated, with con-
stitution and bylaws, with officers at
tending to the management OF the clup'
holding regular meetings in conformity
to the constitution, admitting members
onlv as prescribed by the constltutlons
he cannot interfere, whether the real
intent be to dispose of liquors or not
unless he can show such intent But
such clubs members have right TO
entertain their friends at the clup,
such friends being the guests OF such
1nerobeY and visitors at the club.