The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-20
REFUSED TO ENJOIN SOCIAL
CLUB. -.
Declines to Make Permanent a Tenn
porary INDUCTION Against the City
Club, Of Columbia, Which
Had Been Charged with
Violating the Dis
pensary Law.
News and Courier.

Gage today refused to grant a perma-
nent injunction against an alleged
blind tiger social club in Columbia.
This is the first time that the court
has refused to grant such injunction
on petition Of the attorney general,
and there are now in effect a large
number Of such injunctions against
alleged blind tigers in Charleston and
Columbia.
The case brought before Judge
Gage today was that Of the City Club,
at No. 1929 Main street, of which jeff
Delay was manager, and NJ. R. Spie-
ener the owner of the premises. On
October IA. 1908, Judge Gage grant
ed a temporary injunction on petl-
ton Of the attorney general, the Pc
tition being similar to the petitions N
the cases brought previously in this
city and Charleston in such cases. In
support Of the petition number of
afidavits were presented, one of them
being from J. R. Haynes. better
known as "Bob" Haynes, formerly
of Greenville, who swore that on sew
eral occasions in June, July and Au-
gust of this year he visited the City
Club, in company with one or more
persons. and was on his first visit, Oh
June 21, given card Of membership
in the club. At that time ". H.
Wolfe was manager, Wolfe having
formerly been dispenser in this city
from which position he was disehars-
ed last year. Haynes again visited
the club or July 4 and August 70,
and each lime purchased beer or whls-
kew for himself and his friend accom-
panying him. The club, it was stat
ed, was fitted up with counter side
board, chairs, ice box, whiskey and
beer glasses, and so forth.
An affidavit from Major Micah
jenkins, collector Of internal revenue,
set forth that the club had license
as a retail wtiskey dealer from the
United States government.
An affidavit from Peter Critics, the
well-known Greek fruit dealer, whose
shop is on the first floor below the
club rooms upstairs, set forth that
he subrented the rooms to Wolfe, and
that Wolfe subsequently, sold the club
tc Delay.
In his return Mr.. Maynard R.
Spigener, who is one Of the most
prominent and reputable citizens OF
Columbia. stated that he rented the
premises to E. D. Dent, green grocer,
and that Dent subrented to Critics
and others: that when he suspected
that the sale Of whiskey was being
permitted he warned Dent, and Dent
promised him that the building would
not be used for an unlawful purpose.
Mr.. Spigener was represented at the
hearing today by Mr.. John J. McMa-
han.
In his return Delay stated that the
club was a regularly chartered social
organization, and that the rooms
were not used for an unlawful pur-
pose. That he is a timer by trade
and works at his trade by day, but
was elected manager Of the club, ana
served only the members with drinks.
He denied the allegations in the affi-
davits bv HAYNES, and said he had
never sold HAYNES OF the others nam
ed whiskey. He set up that his repu-
tation was valuable to him as work
ingman. and that the allegations made
in the petition were damaging to him.
Judge Gage. who Is now holding
civil court here. heard the returns
this morning. and Assistant Attorney
General DeBruhl appeared for the Pc
titioner. Judge Gage desired before
deciding the case to have the parties
brought before him and Delay was
examined personally as well as Critics.
The statements of Delay, who is :,
well-known character around town,
evidently impressed the court favor
ably. and he said he would decline t.
grant the permanent injunction asked
for. He remarked flat such clubs As
these were the only pleasure resorts
permitted to the poor man. and thai
their eniovment appeared innocent
and S!inuld not be interferel with
without evidence that they were vio-