The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-13
CLUBS HARD hit.
SUPREME COURT REVERSES DE.
CISION OF JUDGE GAGE
And Declares that an Injunction
Should Have Been Granted i'm View.
of the Evidence Given.

Columbia, Oct. 8.-The supreme
court has reversed the decision of
Judge Gage in the case brought BY
Attorney General Lyon against the
City club of Columbia. jeff Delay,
manager. The decision of the court,
by Chief Justice Jones, is an interest
ing one in that it involves proceedings
against other organizations alleged
to be conducted in violation of the
law and against which permanent in
functions may be asked.
A petition for a permanent injunc-
ton against Delay and the club was
petitioned for by the attorney general
on the usual grounds. The club was
located on the second floor Of a build
ing at 1929 Main street and was
equipped with all the apparatus of a
regular bar. The supreme court saws.
THE methods of serving members
seems to be quite expeditions. An ap-
plication 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
1t and pays for it on the spot"
Delay according to the court, made
very guarded return. stating that
he, never knowingly handled wl1iskey
In violation Of the. law. The court
holds that the circuit court was in
error in holding that Delay denied
under oath the allegations relating to
the illegal sale of whiskey.
The decision continues: "The cir
cult court also holds that unless the
public or considerable portion of Il
Is admitted to drink the places would
hardly be deemed nuisances. The ex-
ception alleges error in this and il
is we'll taken. To constitute a nui.
sance under the statute 1t is not es-
sential that the public or even a con-
siderable portion Of it be admitted or
enticed there to drink intoxican;s II
is sufficient that some persons bc
permitted to resort there for such
purposes and it appears that quite
number of persons did resort thither
IN drink intoxicants."
The supreme court then passed up
on the real point Of issue:
"Ail the authorities agree that when
the club is a mere device TO evade the
law against the sale OF liquors and
the real or main purpose is to provide
liquors for its members and such
liquors are delivered at a price, paid
or agreed to be paid, there is
sale.
that the City club is an association in
that class. that the distribution of
such liquors among it's members by
the City club and Delay, its manager,
constituted sales within the prohibi-
ton of the statute and that it's club
rooms at 1929 Main street, Columbia,
s. c., place where persons were per-
ni-ted to resort for the purpose Of
drinking alcoholic liquors. during the
period covered by the petition"
Further the decision says: 1T is
manifest that under the act the re-
spondents maintained a nuisance as
alleged In the petition. The equitable
Jurisdiction Of the court to enjoin a
public nuisance is not affected by the
fact that a criminal prosecution may
also be insituated for the acts which
constitute the nuisance"
The case is therefore sent back for
further proceedings and as a result
other cases may be brought under
this decision against number of or
ganiZations. -i