Los Angeles herald., 1908-09-17
DECIDES CLUBS
HAVE NO RIGHT
TO SELL LIQUOR
PREVIOUS COURT DECISION IS
NOW REVERSED
WooLWINE'S CONSTRUCTION OF
ORDINANCE UPHELD
Prosecuting Attorney Issues Warning
to All Social Organizations That
Vigorous Prosecution Will
Follow Violation


the California club in the suit of
James Gunner one of its members, for
an injunction to compel the club to
abandon the sale of liquors in the
clubhouse at Fifth and Hill streets.
Later in the day warning was is
sued by City Attorney Thomas L.
Woolwine to all clubs where liquors
are sold, calling upon them to dis
continue such sales, and promising
vigorous prosecution in case of refusal
to do so.
The case against the California club
was regarded as a test of the city ordi-
nances relating to the issuing and re-
vocation of permits for liquor licenses
by the police commission, and was
| instituted after a great deal of friction
between that body and the various
clubs where spirituous liquors were
| sold or disposed of in other ways.
The ordinances provided for a license
of $100 per month for conducting the
business of a retail liquor dealer, and
Judge Ewing, quoting from the ordi-
nance, says uncertainties and amblg-
uities of language are disclosed which
| led to the litigation. But little assist
ance. he said, could be found from de-
cisions of other states. Continuing,
| JduSO 1H"At6 0pJo'
To Be Broadly Construed
"The court agrees with the attor-
neys for both sides that the ruling
must depend on the significance given
the phrase carrying on business The
defendant contended that the word
| business as used in the ordinance
means business in the strict legisla-
| tive sense; that is, business carried on
! for the purpose of livelihood or profit. !"
This, however, ne says, was mani
festly not the intent of the city coun-
| Gil from the definition given the words
retail liquor dealer" by the ordinance.
This construction, he says, is some
what clarified by the language of other
ordinances bearing on the question.
'That is to say, the words any estab-
| lishment or place where liquors are
sold,' are certainly broader than the
| limited meaning sought to be given the
ordinance by the defendant, and In
| clude all places where liquors are dis
pensed or served as customary or
| habitual matter"
be true, as alleged in the complaint.
that the club is maintaining stock of
liquors in it's clubhouse and dispensing
it to it's members and guests at IN
creased prices in quantities of less thar
five gallons, then it certainly is retail
liquor dealer and maintains an estab'
lishment within the meaning of thu
ordinance"
In the usual order of legal procedure
the next step would be the trial of thu
case, but the language of Judge Ewing
! in overruling the clubs demurrer IL
regarded practically as decision III
case of trial. To test the ordinance
further it was stated by attorneys rep
resenting the club that an appea
would be taken at once.
WooIwIne Makes Statement
Thomas L. Woolwine, city prose-
cutting attorney, who was active in the
prosecution of clubs where liquors
were handled, when told of the action
by Judge Ewing, made the following
statement:
"Shortly after I came into office
made a study of the liquor ordinances
with regard to the question of whether
or not the same were being violated
by what are commonly called social
clubs, and came to the conclusion that
such clubs were selling spirituous and
other liquors in violation of the law
thereupon gave out for publication a
written interview warning all clubs tC
discontinue the said sale of liquor, and
stating that all clubs refusing to de-
sist would be prosecuted"
The principal clubs of the city, he
says, employed a we'll known firm o1
attorneys for the purpose of giving
an opinion as to whether or not the
clubs were violating the ordinances
and these attorneys rendered an opin-
ion contrary to his contentious.
Thereafter, says Mr.. Woolwine, ar
attempt was made to have him bring
civil suit in the superior court tC
determine the question involved, which
he refused to do, and he Immediately
began prosecutions against the Cali
| fornia club and the Jonathan club fol
the illegal sale of liquor The trial o.
the former suit resulted in ruling by
Police Justice Rose against the conten
ton of the prosecuting attorney, ant
the case against the Jonathan club l!
set for trial October 8.
Yesterdays opinion was rendered IL
the civil suit in which Mr.. Woolwin'
and James A. Anderson represented the
plaintiff, James Gunner, and sustain
the view of the case taken by Wool
wine upon the institution of the Grim
inal cases.
Prosecutor Woolwine, in addition t
the above statement, took occasion t.
issue the following warning:
ST Social Clubs Warned
at wish to take this means of warn
ing all so-called social clubs in th
city of Los Angeles now engaged IL
the sale of liquors in violation of th
ordinances, in accordance with tn
opinion of Judge Ewing. to cease i'm
mediately such illegal sale of liquors
and to state that any such club refus
: ing to comply with the law in this re
gard will be prosecuted to the full ex
tent of the law, and that such refusa
will not only be followed by arrests
of officers, wherever evidence of sucl
violations can be secured, but search
warrants will be issued and raids b'
made upon such places. propose tt
= stand upon the ruling of the superior
court and do not propose to wait unit
{ the matter is carried to the supreme
court"
Judge Ewing was called to Los An
r geles in June to preside In the case II
. which he Yesterday rendered decision
on account of the fact that eight OF
, the nine judges of the superior court
for this county were members of vari-
} Gus clubs in this city, while the ninth
| T-S<ro Iivaa nresides in the probate