The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-12-01
FOR POOR AND RICH ALIKE.
"They Are, Unhappily, Uncultured
and Dependent in a Large Meas
ure Upon the Social Glass
for Entertainment.

Judge George ". Cages ruling in
the case of the State against jeff De-
Lay and Maynard P. Spigener, man
ager and owner of the property, re-
spectively, Of the City cl1b. has at
tracted considerable attention here,
says the Columbia State, inasnuoh as
it affects the so-called social club
cases.
The written order in The proceed
ings to show cause was issued by
Judge Gage yesterday and is as fol-
lows:
The State Of South Carolina, ex rel.
J. F. Lyon, Attorney General,
Plaintiff, VS.. City Club, Jeff Delay
and Maynard P. Sp;gener, Re-
spondents.
On 18th of October, 1908, upon m,-
ton Of the attorney general I granted
a rule herein directing the defendants
to show cause why they should not be
enioined from using a certain room
at 1889 Main street rs l drinking re-
sort and from permitting persons to
60 there for the purpose of drinking
liquors.
The rule was returnab!e on the 10th
October. On that day the respondent,
NJ. P. Spigener, appeared IN person
and stated that the premises which
belonged to him had then been vacat-
ed by the other respondent. 1t was
manifest that if the premises had
been used for unlawful putpos Mr..
Spigener had no knowledge Of u. AS
to him the rule was therefore dis
charged.
The respondent Delay made a
written return under oath aud denied
the allegations Of the petition and of
the affidavit on which it vas based. I
was not satisfied with TIE showing
and requested the appearance in per-
son Of Delay.
On 18th November the hearing was
resumed and at that time Delay WAS
sworn and testified, as did also man
named Manly. I do not recall :f Man.
ly was witness for the State or for
Delay, but I think for the State. The
testimony was not reduced to writing
so far as I know. But bota Delay
and Manly denied that they had evec
sold liquor at the place. They both
said liquor was kept there for the use
of the members Of the club, who drank
! it when they so desired; that the IL
quor was kept in what is called lock-
ers, about which contrivances I know
nothing. I inquired about the posses
sion Of a revenue license and it was
stated at the bar by Mr.. Bellinger
that all the lawful clubs Of the city
had these licenses.
The respondent Delay is a timer
by trade and belongs to the working
class. I presume his comrades in the
club belong to the same class. They
are unhappily uncultured and depend
ent in large measure upon the social
glass for entertainment. I presume
all classes Of men. Of high degree, and
of low degree, have meeting places TO.
social purposes and at these places
they drink spirituous liquors.
There are many men. it is true,
both good and bad, who are not given
to this practice. But unless the pub
lie, or a considerable portion Of it, is
admitted and entitled to these resorts
to drink, the places would hardly be
deemed nuisances.
In the case at bar the place was
abandoned at the hearing and there
was nothing to enjoin; nor did the
testimony satisfy me that the respon-
!dent jeff Delay and his associates
were keeping such a place as is out
lawed by the State. I have written
out this order at the request Of the
attorney general.
It is so ordered.
Geo. ", GAGE,