The Birmingham age-herald., 1908-09-16
SOCIAL CLUBS WILL :. HAVE ID TOE MARK Federal Court Will Insist On
 Federal Licenses .HUNDLEY CHARGES JURY Says Members Are Liable If Club Which Has Failed to Take Out
 Federal License Sells
 Liquor.
.HUNDLEY CHARGES JURY

In his charge to the federal grand jury yesterday morning Judge Oscar R. Hund- ley. United States judge of the northern district of Alabama, urged the Jury 10 investigate the matter of social clubs handling liquor without a government revenue license.
 In discussing tine privileges of the SO cial clubs Judge Hundley pointed out the fact that man who belongs to the club has a right to have liquor stored there. but this storage" he said, does not give him the right to violate tho law by selling liquor." He stated that under the federal statute man may store liquor for his own consumption or for that of his friends at the social ciup. In one paragraph of a verbatim report of his charge he says: "All members or such organizations referring to social clubs) which sell liquors. either directly or indirectly, without first having ob- tained a federal license, are guilty or violating the federal statute.
 After charging the jury at length In regard to the offenses against the postal land and national bank laws, Judge Hundley said
 Refers to Social Clubs.
 "Now, gentlemen. I especially desire to direct your attention to the violations of the law in reference 10 the pubic revenue The government of the united States derives a portion of its revenue from tax which 1t places upon the making and sale of spurious. vinous and malt liquors When persons make or deal in this commodity without payment or a government license they are violating federal statute. The legislature or this state has in It's discretion and good Juos- ment passed certain laws prohibiting the sale of liouors in this state, but under our dual system of government this court is without jurisdiction in so far as the violation of these state laws IS con cerned. If liquors are sold without the seller thereof first paying for and oo- taining a federal license for such sale, he is violating the federal statute and this court has jurisdiction and concern over the same.
 IHtTe dTo NdtlOuS ways iAi SAsSS~ laws may be violated. They may be violated by making whisky without a government license, by abstracting liquor from a registered distillery or bonded warehouse before the government license has been paid on the same, or by selling liquors and I charge you to scrupulously investigate all such violations of the reve- nue laws.
 Again, gentlemen, under the common law persons may be charged with aiding and abetting in the violation of fed era1 statute, first, if they were present, actually or constructively, and aided or abetted another person in the commission of a crime second, or being present. counselled or procured or caused that person to commit that crime; third, or aided him after he had committed the offense-for example, to escape. So, if a man rents house to another man, whom he knows to be engaged in the selling of liquors without paying the government license thereon, and knows that his house is being rented for the purpose of al- lowing this party to engage In this il- legal traffic, then the party who so leases his house is guilty of aiding and abetting in the violation of the federal law against the selling of liquors without pay ing the federal license.
 May Violate the Law.
 Now in reference to liquors in the social clubs. Social clubs-and by that is meant such as literary, commercial and other private clubs organized for pleasure or instruction-were known to the law before America was discovered. Various states encourage the forma- ton and growth of these social clubs when they are used for proper pur- poses, and for this purpose charter and incorporate them. As long as tn csc clubs are engaged in the purposes for which they are incorporated they arc within their rights. A man who be- longs to one of these social clubs has to have his liquor stored and kept for him at his club. But this storage of his liquor in his club does not give him the right to violate the law by selling these liquors. This storage of liquor is no violation of law so long as the club is not used as a mere sub terfuge for the violation of the law. When social clubs are made the in direct means for the violation of the federal law by cir failure to take out a federal license they are amena- ble to the law just like anybody else. You may store your liquors for your own consumption or that of your friends at the social club and the club may charge you a locker rental for keeping it there or a fee for service and you are within your rights just the same as you would be in your own home. These liquors may be so kept for your own consumption or that of your friends and you would not violate the law, but there must be no sale, direct ly or indirectly.
 That old legal maxim, that a mans home is his castle, is correct, but man may make his home the indirect means to violate the law. A man may sell liquor in the sanctity of his home but he violates the federal law if he does so just the same as anywhere else, if he has not paid the tax to