The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-10-09
Supreme Court Reverses the Lower
Court in Important Case
MAY INVOLVE OTHERS
The Decision Declares That to Con-
stitute a Nuisance 1t Is Not Neces-
sary That the Public Be Enticed
to Drink IntoXicants in q So-Called
Social Club.
Social Club.

The State Supreme Court has re-
versed the decision of Judge Gage
in the case brought by Attorney Cen
eral Lyon against the City Club, Of
bia, JEFF Delay, manager. The
decision of the court Is an inter-
esting one in that it involves pro-
ceedings against other organizations
alleged to be conducted IN violation
of the law.
A petition for a permanent injunc-
ton against Delay and the club
was filed by the attorney general oD
the usual grounds. Tne club was
located on the second floor of a
building on Main street and was
equipped with all the apparatus of
a regular bar. The supreme court
says the method CT serving mem
bers seems to be quite expeditions.
An application for membership may
be signed on entering the room and
the membership granted without any
membership fee and Immediately
thereafter the applicant calls for the
alcoholic beverage he wanted, drinks
it and pays for it on the spot
DeLany, according TO the court,
made a very guarded return stating
that he never knowingly handled
whiskey in violation of the law. The
court holds that the circuit court
was in error in holding that Delay
denied under oath the allegation in
the paragraph relating to the illegal
sale of whiskey.
The decision continues: "The cir
cult court also holds that unless the
public or considerable portion of it
is admitted to drink the places would
hardly be deemed nuisance. The ex-
ception alleges error in this and is
we'll taken. To constitute nuisance
under the statue it is not essential
that the public or even a considerable
portion of it be admitted or enticed
there to drink intoxicants. 1t is suffi-
cent that some persons be permitted
to resort there for such purposes and
it appears that quite number OF
persons did resort thither to drink
intoXicants.
The supreme court then passed up
on the real point at issue: "All the
authorities agree that wheh the club
is mere device to evade the law
against the sale OF liquors and its
real or main purpose is to provide
liquors for it's members and such
liquors are delivered at price paid
or agreed to be paid, there is sale.
There is hardly room to doubt
that the City Club is an association
within the last named class, that the
distribution Of such liquors among
its members by the City Club and
Delay, its manager, constituted sales
within the prohibition of the statute
and that its club rooms at 1929 Main
street, Columbia, S. c., was place
where persons were permitted to re.
sort for the purpose of drinking alco-
holic liquors, during the period COW
cred by the petition"
Further the decision says: ut is
manifest that under the act the re-
spondents maintained a nuisance as
alleged in the petition. The equit-
able jurisdiction of the court to en-
join public nuisance is not affected
by the fact that criminal prosecu-
tion may also be instituted for the
acts which constitute the nuisance.
The case was therefore sent back
for further proceedings and as a
result other cases may be brought
under this decision against num-
Der Of organizations.