The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-08
SILVER DOLLARS CLUBo.K.
COURT CAN'T PREVENT HIM IRON
ETlDING THE RAINEs LAW.

enrrests THAT the LeRislnturs MiRht-While
His Cosmopolitan Club Can Sell All NiGht
aua sunday. the Irue Friends ana the
shenadonh, his NeiEhbors. Must ouit.
Three applications made by the State Depart
ment OF Excise for the revocation OF the liquor
tax certificates OF clubs which it was alleged
wero conducted TO avoid the law and sell liquor
on: ~prctexts Of membership. were passed upon
yesterday by Justice Slower OF tho Supreme
Court. He orders tho cancellation Of the liquor
tax certificates held by the True Friends Social
and Literary Club Of 166 West Thirty.sixth
street and OF tho Shenandoah Club OF SOC Sixth
avenue. near Thirtieth street; but holds that tho
Young Mems Cosmopolitan Club, which is Sill.
YER Dollar Smiths club, at 5lS Sixth avenue,
has q right to carry on business under ice certi6-
cate. Regarding the True Friends Social and
Literary Club. the Judge says:
This Is one Of q number Of clubs. so.called,
where LIQUOR is sold to any person applying for
membership in tho club, which 10 accomplished
by the purchase Of a ticket or the procurement
Of a ticket emitting tho holder to admission to
was sold within the prohibited hours OIL and 5
A. NJ. on Sunday"
He says that counsel for the club introduced
within the exception to the law permitting clubs
which had been Incorporated and sold liquor
t IedSGo otherwise hsrSh H piroh hHSe; II Ro snrs i'3 fhe defence
made the point that the prosecution must prove
that the club did not S come {, under IND. IN Inc d SnSep pt tss
club to show that 1t came under the exception.
Tho law would. assume that 1t was carrying out
The Improvement OF IT'S members in ,~oratory.
composition and debate; the fostering ofa
ature and tue promotion Of social and friendly
intercourse among its members"
,io Tns I e ,seid seys to hs t SSnno pn sep sas. m H,s sac aec 81
sion concerning. this club applies also to the
shsnSndosh G GI%S I sx : ai,t snSs he p 5lnss t anS the the
He finds. that silver Dollar Smiths club is
bsforc March 90, 1896. The good faith Of a
s Ss Ss Srsrnissd , SsfGsS that iH51 lin s. ne says cannot
Tho statute. F! think. does not permit the
court to 20 beyond the, fact OF the organization
legally organized. and which was engaged on
the 23d OF March, 1896. in trnficking in
continue. within the provisions o. ths law. And
when such n corporation continues to carry on
the 3 not sale within e liffSS s po s%Sns g, If .so f count ns;dd IL
the Corporation in ths exercise Of r, ne
OF. licenses in tho Excise Board. ana licenses
dividuais within certain discrotionary. lines.
but 4 was the object Of the Liquor
a asT to 1H place to al IL persons sSsS % %sppiyi 1nsi for e's'T Ilasor
tax certificate upon an equal plane. so that
there should be no discrimination, but, upon
compliance with the law, all should be equally
entitled to consideration. But II was discovered
that there was a disposition to organise clubs
for tho sole purpose of trafiicking In liquor
under the Liquor Tax law, and. while thoS were
ostensibly organized for other purposes. the
actual and real object of the organization was
the traffic Of LIQUOR, To remedy this the Legis-
lature said that all clubs which had been or
E an .Sor after r the SI.S P%ss ,Sge S Of shs LiiGuor Tax Ss
law. And it was this class, and 70 rem
vided for. tho investigation by tho, court.
club that was organized prior to March
%, 1896. should no moro be allowed to use its
Incorporation for purposes of evasion than ono
organized afterward. yet that Is a matter which
appeals to the legislative discretion and not to
the judicial. 1t may be within the power of
the Legislature to permit an investiga-
ton as to whether a liquor, tax Ger.
otherwise, without ,intrudinK upon tho oonsti-
Legislature has given the court the power to
act in that particular. IL ought not to undertake
to exercise it.. We are dealing with a purely
statutory provision, and are not called upon to
exercise any power beyond that conferred by the
statute. 1t is not necessary to determine
whether the Legislature has power to authorize
the court, upon a summary application, to de-
privc an association. legally organized. OF the
right to sell liquors, for IL seems to ne the Leg
~islature has not given that power. Nor is 1t
profitable to discuss here whether an action
to forfeit the charter because such an action 10
nnt bafpra nR"