Omaha daily bee., 1909-05-12
Nebraska
LlNCULN CLUBS CANNOT SELL
Excise Board Orders Shut Down on
ALI Sales Of Liquor.
WILL IGNORE COURT DECISIONS
EIks. Eagles and Other Organizations
VIII Resist the Order TO Cease
selling to Their own
Members.
WILL IGNORE COURT DECISIONS
OFrom a staff Correspondent

Otrom a staff Correspondent
LINCOLN. May lL-At the meeting OF
the excise board today the following reso-
luton was unanimously adopted:
Resolved. That the rule against clubs
furnishing liquor to members be strictly
enforced against all clubs Of every char
scter. and the chief Of police is hereby IN.
structed to give due notice to all clubs
that such rule must be obeyed.
The rule referred to is rule q, which has
been in force for some years. but which,
under the circumstances of liquor selling
as they existed. has never been enforced.
This rule reads:
It shall be unla wful for any Incorporated
club Or voluntary association of persons,
and the officers, agents and servants
thereof. 10 sell or furnish to its members
or other persons any intoxicating liquors
for which any money or other valuable
| consideration is charged or received there
for, directly or indirectly.
This rue. as it is drawn. is intended to
apply TO every club. social or otherwise. II
will. II enforced, stop the sale OF liquor
TO members at the Elks, Eagles and imilar
social organizations, where the sale to
members is only incidental to the general
purposes of the club. It is understood that
the Elks will resist in the courts any and
all attempt at enforcement.
Court Decisions Favor Clubs.
The question OF whether clubs can sell
liquor to members or not has been before
the courts at various times and in various
guises. The rule adopted by the supreme
court as a test is whether the club was
organized simply to give the members a
chance to meet and get their fill OF in
toxicants. II so, 1t is a violation OF the
Slocum law. II the sale of liquor to mem
bers was only incidental to the general
social purpose, 1t has been held not TO be
a violation of that law.
The distinction between those decisions
and the excise rule is outlined 10 be this:
That the courts have held that the sale BY
a social club to members is not a violation
Of the Slocum law, but another statute than
the Slocum law gives the excise board in
Lincoln the exclusive right to regulate the
sale of liquors. From this statute the board
seeks to draw its right to say that none
OF the clubs shall sell to members.
This rule, It seems, will not apply to
the Country club, because that club is To-
Gated just outside the city limits. It was
once a part of the city, but to avoid pay
Ing city taxes on the grounds IL was re-
moved outside. Some dispute appears TO
exist among members whether the club
house is outside the limits, but City Attor-
ney Stewart said that 1t is all outside, and
'hob Tax SASiSN DOdiu mas nO COnITOi over
the sale of liquors there. A woman living
In the neighborhood of the club telephoned
in to the city attorney today asking II there
was not some way of stopping it.
Contest for MayoraIty.
T. j. Doyle. attorney for Robert Ma
lone, said today that as soon as ne could
consult mis- client he would begin q suit
to contest the election of d. L. Love for
mayor The contest will be started in the
county court, which has original jurisdic-
ton in sue hcases.
The claims OF Malone that he is elected
are based on the returns of several. pre-
cincts in the city in which he declares
he failed to have all the votes for him
properly counted.
A. D.. L. w. Grand LOdEe
Action will probably be taken by the
A. o. L. w. grand lodge of Nebraska,
which convened this morning at the audi
torium for a three days session. that may
lead to the formation of an independent
western jurisdiction. As a starter dele
gates from the jurisdiction OF Arizona and
New Mexico are here in the persons of
MessTs. O'Connor and Tripel. grand Off
GERS, seeking on behalf of the territories
they represent to become a part of an
independent jurisdiction, which distinction
at present belongs TO the cornhusker state
alone, by reason of its detection from the
supreme lodge OF the United States. II is
declared thai Colorado and South Dakota
are already turning a favorable ear to the
independent jurisdiction Idea and other
states are likely TO follow IN their wake.
At the auditorium early this morning
F. f.. Stump OF Lincoln, leputy grand
master workman OF the state and the head
of the local entertainment committee, was
exceedingly busy giving out badges TO del
egates and at times the crowd was so
great that he was nearly swaped.
There will be a thousand mber
present before the thirteenth biennial ses-
sion closes" said Mr.. Stump, 1T promises
to be the most successful meeting in the
history of the grand lodge. At least six
hundred are here now and every train is
bringing more
Politics is engrosstng the attention Of
most of the members Grand Master Work
man A. NJ. Wslling of David Ciy, who is
a candidate for a second term, will be
given the nomination without the shadow
Of a fight. DIR. j. Willis ]. BEDFORD OF
Wood River. grand medical examiner, who
seeks a second term, will also likely get
II without a contest,
There will be a lively battle for grand
receiver to succeed W. A. Greenwsld, the
present incumbent. This is one OF the
Salarled OItlceS ana tneFe mas always heen
a hard fight made to land the plum.
Candidates for this position who are
hustling for votes are n. ]. Whitmore Of
Lincoln, Jack walsch Of Humboldt, Robert
Faulkner of Hastings, and f. L. Dodder
Of Omaha.
For grand foreman several candidates
are mentioned, but the only one who APP
pears to be making a stir is W. f. Louns-
bury OF Aurora. For a member Of the
grand finance committee, which is also a
| salaried office, several candidates appeared
and their friends and supporters were do
ing som tail hustling 10 land their favor
ties. Candidates in the field are ]. r,
Scott Of sutton. Cyrus Black OF Hickman,
ID. ]. Cronin OF O'Neil, and A. L. Lane
NJ Minden, The term is for six years.
Declines q $4,000 O"ce.
Because of a provision IN the new law
creating the office OF state fire warden,
which requires the incumbent thereof 10