The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-18
CLUBS MAY HAVE TO CLOSE.
SUPREME COURT SAYS THEY ARE
TIPPLING HOUSES.

Houses TO Close on Sunday-MaIzcs
No Difference whether They Are
Genuine Social Clubs or Organized
Merely to Evade the Law--Justice
Cobb's opiniOn-Savnnnah Club
Men Very Much Exercised over the
Matter-what Are They Going to
Do About 1t.
The clubmen of Savannah, and this city
has more of them no doubt than any other
city in the state, are much exercised over
the Supreme Court decision. an account of
which was given in yesterdays Morning
| News, the effect of which is to declare that
they are within the meaning of the statute, |
tipping houses. and therefore must not
be open for the sale of liquors on the Sab
bath day.
There are several genuine clubs in Sa-
vannah, such as the Oglethorpe Club, the
| Savannah Volunteer Guards Club the Hus-
! sars' Club, the Harmonic Club, the Savan-
nah Yacht Club, and one or two others, |
but there are clubs as we'll which were
no doubt organized and chartered for the
purpose of evading the Sunday law and
other laws as we'll
1t appears, however, that all clubs are
the same to the Supreme Court. 1t makes
no difference whether they are bona fide
clubs, organized solely for the benefit of
| their members, and without any inten-
ton of evading any law, or whether they
were organized for the purpose of getting
around these laws under the guise of a
| charter.
Clubs have been organized In Savannah
at the rate of about one every two weeks.
| They called themselves social clubs, but
! there is no doubt in many instances that
! they procured their charters for the pur-
pose Of evading the laws against the sale
| of intoxicants on Sunday. But the Supreme
Court in deciding a case which went up
from the City Court of Augusta has placed
not only these, but the genuine clubs as
WELL under the ban.
The opinion in the case was rendered by
! Mr.. Justice Andrew ]. Cobb. In the course
of his opinion, he says
| I'VE are of the opinion that the inciden-
| tai selling of liquors viii make a place
none the less a tipping house than if it
was the main object of it's establishment.
| The evil intended to be corrected by the
state is the keeping open on the Sabbath
! day of houses where liquor is furnished
and drank, and ii makes no difference, We
think, for what purpose the house is be-
ing operated. if the fact remains that in
| toXicating liquors are furnished on the
Sabbath day to be drunk on the premises
where they are supplied. 1t certainly can
be no reply TO the statute that the persons
guilty of keeping open house where Ii
| quors are sold and drunk had some other
! business in view as the primary object of
| its operating, and that the selling of such
| liquors is merely an incident to this OBJ
| ject. A person keeping a grocery store, but
! incidental
! mess a bar in one corner of the store,
| where his friends were accustomed to
gather on the Sabbath day and partake
with him of intoxicating drinks, might as
well make this plea as the plaintiff in err
| ror.
1 The fact that the main purpose was So
cial pleasure and of the other the realiza,
ton of profit from his grocery business
can make no difference. In both, the sell
ing was merely incidental to, and not the
main object of the business"
Any place where liquors are kept, sold
| or given away, whether it Is called a bar
club, glee club, resort or parlor or res
taurant if it is a place where liquors are
retailed and tippled on the Sabbath day
with a door to get into it, so that any
body can push it open, and go and drink,
| the proprietor of it is guilty of keeping
open tipping house on Sunday"
This is the head note to the Supreme
Court decision:
40 Norman V. State. Before Judge Eve,
City Court of Richmond county.
Cobb. il. The mere fact that the sell
ing and drinking of intoxicating liquors
was only an incident and not the main
object of the Incorporation of a social
club,will make the place where such liquors
are dispensed and drunk none the less a
tipping house within the meaning of the
statute making penal the keeping open Of
| such houses the Sabbath daV
?. A person who is the manager and also
a member and officer, of such a social
club, and who exercises a general super
intendence over the affairs of the club
including the bar from which intoxicating
drinks are furnished is amenable to the
statute above referred to.
8. That "only members" are permitted
in the rooms of a social club will not take
such an organization out of the statute
prohibiting the keeping open of tipping
houses on the Sabbath day.
Judgment affirmed. All concurring. ex-
cept Simmons, c. j., and Lumpkin, P. j.,
absent.
E. b. Baxter for plaintiff In error
c. II. Cohen, solicitor, contra.
1t seems from the foregoing that IL
makes no difference whether the club Is
Incorporated or not, proceedings may be
had against the party who sells the in
toxlcants.
Just "hat INC odNdnuan cluOS VIII do is
a matter OF some curiosity. Some appear
10 think that they would not be nterfered
with while others are of the opinion that
some jealous saloon keepers might at
tempt to close them us. In the event that
stringent measures should be taken
against the saloons, this would not be at
all surprising. In fact an effort was made
some years ago to shut up the clubs in
Savannah on Sunday, but 1t was never
pushed to an issue in the courts