The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-17
COURT AIMS BLOW AT.
FAKE SOCIAL CLUBS
Decision Written by Judge Card
we'll in Portsmouth Case OF
Much Importance.
RICHARDS GETS NEW TRIAL
Case OF Man Charged With
Murder to Be Heard Again.
Summary Of Opinions.

Opinion day in the Supreme Court OF
Appeals was marked by number OF
able decisions, some of which are OF
more than usual interest. A new trial
is granted to John w. Richards, con-
victed in the Corporation Court OF
Floyd county of the murder Of Mr..
Francis. of Roanoke. and q carefully
prepared opinion. written by Judge
Cardwcll, is thought to be denthblow
to the fake social club" holding in
effect that such club may not be
operated for business ends, and that
q charter cannot be granted to body
of men to conduct a business that
would be illegal IL undertaken by an
Individual.
Lower Court Sustained.
The case came UP on the appeal OF
from the Musings Court OF the city OF
Portsmouth. Judge Cardwell holds that
the finding of the lower court is plainly
right, and affirms its action in annul-
ling the charter OF the club.
The action was instituted by the
Commonwcalth's attorney OF Ports
mouth, who asked quo warranto pro-
ceedings for annulling the charter
granted by the Corporation Commits
sion. the reasons being alleged misuse
Of the privileges and franchises con-
ferred by the charter. the exercise or
q franchise and privilege not conferred
by law, and the fact that the charter
was obtained for a fraudulent purpose.
Under the terms Of the act Of incor-
poration the purposes of the club were
to be purely social. to further compan-
ionship among Its members, and to fur
nish meeting place where discussions
might be held and innocent amusements
INDUCED in. The right to furnish to
its members for pay diet and refresh
ments of any and all kinds, including
tobacco and soft drinks, but no liquors,
standing that the organization was
q social club, and not business cor
pOration.
History of Case.
Judge Cardwell reviews the history
of the case, showing that the Hanger
Drug Company. of Portsmouth, had
habitually violated the Sunday closing
ordinance of that city; that on Sunday
May 9Th. the Sunday laws were strictly
enforced by the police. and no sales OF
soda water. tobacco, etc, were allowG-l
that on May 9th S. T. Hanger, presi-
dent and chief owner of the Hanger
Drug Company, with two associates
applied for charter for the "Crawfort
Social Club: that one of the two asso-
ciates. j. L. Jarrett, was stakeholder
in the drug store, and the other, L. 3
Whatley. a clerk in the store. On May
nth an advertisement appeared in 9
Portsmouth paper announcing tina
those who wished to join the clut
might leave their names at Hangers
Pharmacy: that there were no fee:
and no dues, and that the charter emit
tied its members to purchase soft
drinks, tobacco and confectionery o.
Sunday.
An was ss entered en- hs1e IT
back room Of the drug store for :
meeting place, with the use OF the sod;
] fountain and cigar stand ON Sundays
| Thereafter the employees. Of the dru;
bers" on Sunday, no general meetins
! OF the club being held, and the presi
! dent of the drug store assuming di
rection of the. affairs of the organ
\ szation. Judge Cardwell held that tier
was a clear distinction between sue
an organization, which merely grant
!! the right to q number OF persons t
/ conduct q business which an individ
! ual may not lawfully conduct and
legitimate club operated for social pur
i poses only The court stated that i
this case it was not called upon t
determine what would and what woul
/ not be an abuse OF charter privilege
by social club. as that question ha
J to be determined upon the facts Q
/ each particular case. In the case !
4 point the proof leaves no room t
doubt that the charter was obtained
and was being used as mere make
shift to enable the practical oWne
and proprietor of the Hanger Dru
Company to do under the cloak of Il,
charter that which. an individual .coul
not do. The Judgment of the lowe
court annulling and vacating til