The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-06
AFTER THESE SEVEN CLUBS
AN EFFORT TO DE MADE TO OlE-
GEL THEIR LICENSES.

OF Evidence Against Alleged sham Clubs
in THIS City-The Jurisdiction or NsnEis-
tratea ouestioned In Patrick O'NeiIi's Case.
ALBANY. June ga mass Of evidence has
been secured against seven sham clubs in New
York for violations of the Raines Liquor law.
The clubs are the Creamery, located in New
market Hall, 400 Sixth avenue; the Plymouth
Social Club. at 1891 Broadway, formerly known
as the Broadway Garden; the Young Mems Cos
mopolitan Club, at 51s Sixth avenue; the Shen-
andoah Club, known as tho Bijou Caf6. at bo2-
bo4 Sixth avenue; the Adriel Club, at $50 and
ASP Third avenue; tho Independent Highlander
Dramatic and Social Club, ut 1435 Broadway.
and the True Friends Social and Literary Circle.
at 479 Seventh avenue.
The evidence against these clubs tends TO
show that they arc disreputablo and disorderly
places, frequented by the most dissoluto charac-
ters Of both sexes. The membership In claimed
by the State Excise Department to be . farce, an
any person can enter these clubs, and within
tho last two weeks many special agents and
New York city police officers in citizens clothes
have got in without payment of any fec what
ever. and obtained liquor on Sunday and during
other prohibited hours.
District Attorney Royal r. Scott of Ontario
county will conduct tho proceedings against
these clubs as attorney for State Excise Com
missioner Lyman, and Alfred r. Page, Counsel
for Deputy State Excise Commissioner Hilliard
Of New York city, will appear as attorney for
Mr.. Hilliard and will cooperate with Mr.. Scott
in these proceedings, which are to DO brought
for the cancellation of tho clubs liquor tax cor
tifcates.
The question Of laying tho evidence secured
for the above proceedings before Attorney-Gen-
eral Hancock with a view to securing his aid in
bringing actions to annul tho charters Of these
clubs has not yet been determined by the State
Excise Department. Commissioner Lyman's
first work will be to secure tho cancellation Of
the liquor tax certificates Of all sham clubs. and
the question Of annulling their charters will DO
considered afterward.
Tho seven clubs against which evidence has
been secured are the places to which the atten-
ton Of State Excise Commissioner Lyman has
been particularly directed by the New York
city police department as presenting tho most
fragrant example OF sham club violations of the
law. These cases will first receive tho special
attention Of the State Excise Department and Of
the police department Of New York city, and
them later. It is thought that the result of tho
action against these clubs will tend to greatly
el%,st Of the fe' s apeea'l II tho OF ds s . = G affss. II Il n rSs
thus obtained further proceedings against evory
sham club viii DO begun.
Magistrate Brann received in jefferson Mar
ket Court yesterday the first brief that has been
buDullUteu 10 q h1hRlSCrate o court tOuCnlnR on
the question Of the jurisdiction Of these courts
IN the matter Of sham CLUBS. The brief was sub
m m tSS 6 By David ;n N, NJ; Hsweur e :, at the request
Highlander Dramatic and Social Club. The or
ganization is run by Patrick o'Neill, at l43o
Broadway. and last Monday morning he and q
spector Harley's policemen, after they had gone
law club and buying drinks. AT the hearing the
Inspector said that he would concede that the
but that he chose to rest his case on tho fact
that his men were not bona dde MEMBERS of the
sa%pi that SMin liz 20 LAW sRe xa %ot ther.f OF ' nioia aeapi %he en-
drinks were served them within the prohibited
Mr.. .Neuberger raised the question that the
court had no Jurisdiction. and in his brief quotes
the provisions OF the law under which clubs in.
il LIQUOR: ".Whethet Or not" says the brief. 1t
ali is not a matter which this court may inquire
Of a court OF record. NOR can this court say that
there 10 even reasonable ground to believe that
p 1he5S Tfo the Of of fRe asstlloS @. any N iS 1ssnss: rss
saPp ssa9iaesss e syd sh the p 3nsIsaiasion OF Of ssi. eSnSsr
Incorporated provided that al! institutions
formed under the acts then in force should 30
them appointed. So that the production Of the
to the visitation OF any Police Magistrate, be-
cause II Is lodged exclusively in the Supreme
Court"
The brief goes on to point out the qualifications
needed BY q club, to enable 1t to get q liquor
tax certificate. and says that as soon as the law
Is complied with in this respect the Jurisdiction
Of Magistrates court to inquire into the bona
fdes ceases, "for.'' It says. whether the cor.
poration is a fake or what Is known as a fake
club Is q question with which this court has
nothing to do unless the people show that the
corporation was not organized prior to the
limitation fixed by, the statute. or its being
organized prior to that time that 1t never trat
fcked In liquors, which Inspector Harley has
stated that he could not do"
Mr.. SeuberRer takes the ground strongly that
there 10 absolutely nothing In the law which pro
scribes how members OF clubs shall be made. AND
therefore the court cannot go into that matter
even should the club adopt the most informal
methods in making members. THE corpora
tion." he says. is Itself the sole Judge Of the
manner in which a person may become a member
of it, and solely and alone can determine the
form of procedure to acquire the Membership"
1t is further commended that tho people have
mistaken their remedy In this action in that the
law makes provision by which an Injunction
can be obtained from the Supreme Court to stoI
the clubs traffic In liquors Il IT. is doing 20 lille
Rally. "No power says the brief, but the
power which created the corporation can annu
1t or amend it."
Magistrate Brann has promised an early dscis