Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-06-18
CLUB OPENS WAR
ON LICENSE LAW
CALIFORNIA DIRECTORS IN
POLICE COURT
ATTORNEYS WILL GIVE BATTLE
TO WooLWINE
Representatives Of Exclusive orqanl-
zatlon Hint Prosecutor Is Try
Ing TO Swell cltys
Receipts

Prosecutor Thomas woolwine and
Deputy Joseph Ford crossed swords
with Attorneys Walter j. Trask and
Albert Crutcher. counsel for the Cali
fornia club yesterday before Justice
Rose In the issues growing out of the
prosecutors insistence that clubs take
out retail liquor licenses for the sale Of
intoXicants.
Counsel for the club wanted to know
why Mr.. Woolwine did not insist on
the club taking out billiard hall, res
taurant and lodging house licenses also
in the zeal of his campaign for getting
revenue for the municipality which Mr..
Woolwine answered by saying he
wanted to get through with the present
issues first
Distinguished members of the club
were in the police court, headed by
Joseph Scott, F. w. Flint, jr., and
Pescy r. Wilson, the argument lasting
from until and then being laid over
to today.
Ford Argues for Prosecution
Attorney Ford led for the prosecu-
ton. He argued that the club did a
retail business in selling liquors. the
word business meaning a series of
sales. Whether they were at a profit
or loss made no difference. They were
clearly sales, the stock being replen-
ished as fast as consumed.
The courts. he said, had held that or
dinances passed to bring revenue to a
municipality should be literally con-
strued.
Were the courts to hold that clubs
could sell liquors Unfortunately it
would turn every saloon into a literary,
art. musical or some other club at
once" said he. ut would throw the
doors open to every blind pig"
Attorney Trask said that so many
opinions had been expressed by law
yers and others regarding the club
cases that he desired to state that there
was nothing reprehensible in the con-
duct of the directors OF the California
club, irrespective of how the present
case may ultimately be decided. The
directors had engaged firm of lawyers
to look up the legal questions as soon
as notified by Prosecutor Woolwine
that license was required.
"Lawbreakers for Years"
For twenty-five years clubs have
been selling liquors here to members"
said Mr.. Trask. mot the Eighth ward
blind pig kind but the legitimate social
clubs which deal only with bonafide
members and admit no others. Hence
you will agree with me that the direc-
tors acted honorably."
Attorney Trask said he made two
contentious, the first being that there
were no sales and the second that even
If there were sales the club was not
carrying on a business of selling
liquors. Many authorities have held
that such sales were not sales but only
transfers of goods.
AS a corporation the club was a legal
fiction, as the members alone had title
and they did not share in the profits.
II can't distinguish between MEM
bers serving liquors in their homes and
at their clubs" said Mr.. Trask. Those
who drink must pay in proportion to
the amount they consume"
Conceding that a federal retailers
license was taken out by the club, Mr..
Trask said, 1t was so small that 1t was
easier to pay 1t than to argue it's
merits.
On Par with Saloon
"And now they put us on par with
saloons, to which policemen have access
at all times" he continued. II mean
no disrespect to the police, but a high
toned, first class club does not want
policemen privileged to enter and leave
as they choose. If it were placed In
the same category with saloons then all
club life in Los Angeles would soon be
over.
1--WE limit our membership to $50. No