Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1908-10-15

NNN ooiu Soi poIatlOn anu ali persons
concerned in the violation or eva
sion OF said law shall be subject to
the penalties prescribed by section
three OF this chapter for the sale
az intoxicating liquors without
state license therefor.
No corporation or organization
chartered and organized as a social
club shall be entitled to the priyi-
ieges of this act unless annually.
at session OF the county court held
prior to the first day OF May for
each county wherein such club is.
tine president or secretary of such
club shall. upon oath or by afr
davit, filed with the court. that
such membership exceeds bona fide
members, and that such organiza-
tion is a bona fide social club and
not an organization created or con-
Quoted for the purpose OF violating
or evading the laws of this state
regulating the licensing and sale of
liquors.: and the word members
apply to any person under the age
of twenty-one years; provided that
any corporation or association char
tered and organized as social
club which only operates a part or
portion OF year may secure the
license herein provided for the part
or portion OF such year II rs in
| actual operation, and the license tax
shall be in proportion to the annual
tax for such time as such club is
| operated"
l am Informed by the clerk OF
the county court that no social club
in Mcdowell county has complied
with the provisions OF the above
| section.
I do not think that the consti-
nationality OF this statute has been
presented TO the supreme court for
decision. but this question was
raised before Judge Mason, who has
the reputation OF being one OF the
! best circuit judges in the state. and
| he held the statute unconstitution-
al, for the reason that the legisla-
ture delegated to the clerk of the
county court authority, which, un-
| der our constitution, can only be
exercised by the county court.
But the constltutionalty of this
statute is not question which con-
Germs you in your Investigation OF
social clubs. Conceding at this time
that the statute is constitutional, no
social club in this county has COM
piled with it's provisions. and there
| fore, is or was, doing business In
violation of the law.
You have, doubtless heard and
seen a great deal recently in the
press concerning the Union Social
Club and other social clube in Key
! stone, where spirituous and other
\ liquors OF all kinds were sold in
| open violation and utter disregard
of law, and to which men and wo-
men both white and colored resort
ed at will for social pleasures.
1t is said that the conditions ex-
listing in these clubs were so de-
moralizing, and so degrading, that
unless a person could have seen for
himself, that he can have but a
| slight conception of the immoral
conditions existing in these places
OF iniquity.
have on several occasions re-
| quested the grand juries to inves-
tisate the conditions of these clubs;
that I had heard they were selling
liquors in violation OF the law, and
that they were run wide open on
! Sundays.
Gentlemen, you want to make a
| thorough investigation OF the con-
| duct and affairs OF these clubs. and
IL you find that they have been
selling spirituous and other liquors
in violation of the law, II is your
! duty to return indictments against
all persons concerned In keeping
and selling such spirituous and 9TH
er liquors.
You should return indictments, II
the evidence before you should JUS
tify you in doing so, against all per-
sons who may have been engaged
in gambling of every kind and de-
scription. You should indict the
owner of the property for permit
ting gambling on his premises, and
for permitting the sale of spirit
uous liquors on his premises In vio-
lation OF law. and you should re-
turn indictments for any other vlo-
| lation of the law you may find TO
have existed there within twelve
months from the finding Of the in
dictment, II the offenses are INSIDE
meanors, and II the offenses are
felonies there Is no Limitation. ex-
cept for perjury.
know the officers OF this county.
who are charged with enforcing the
law. are ready to do everything
within their power TO punish the
guilty, and to eradicate, IL possible.
crime from the confines of this