Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-11
Important Law Court De-
cision Just Received
Making Nuisances Of Many
So-caIIed Social Clubs.
Decision In q Lewiston Case...WaI.
do County Case Decided.

That so-called clubs used as places
of resort for the mere purpose Of
drinking Intoxicating liquors are null
sanCes is the substance Of Il rcScrpt
handed down from the law court Tues
day and drawn by Justice William
Penn Whitehouse.
The case at issue is an Androscog-
gin one, that of the State VS. Daniel
Kapieski, and the exceptions of the
respondent are overruled and judgment
for the state is given.
Che rescript says:
ut is alleged that the defendant kept
and maintained a certain tenement as
a place of resort where intoxicating
liquors were unlawfully kept, sold
given away. drank and dispensed in d
manner not provided for by law
Tine defendant was one of the POI
members of the st. Bartholomew So
ciety occupying the premises mention
ed in the indictment. The society had
occupied the premises from April
1908, to TIE time of the trial OF the case
in September. The premises consisted
of one lodge room, billiard room and
small barrOOm, so-called, in connec-
ton with the latter. The society itself
wds regularly organized. having
constitution and bylaws and from the
dues assessed to the members sick and
death benefits were paid.
1T was obviously the intention OF
the LEGISLATURE by this enactment to
declare all places 10 be common NUS
ances whenever they should common
ly and habitualy be used for the IL
legal sale or keeping of intoxicating
liquors, and also whenever common
~ and habitually used as places of re-
sort where such liquors are given
away. drank, or dispensed in any
manner not provided for by law
But ii is not incumbent upon the
State to show that the place was used
fcl such unlawful purposes during the
entire period named in the Indictment.
Proof that the defendant kept and
maintained a tenement for any one of
such purposes during any part of the
time comprised within the days named
ir the Indictment. will warrant con-
vi,tion. 1t is the nature of the acts
DONE not the length of time during
which they are committed, that con-
sttutes the offense.
ANY place that is resortcd to, that
is, IL Bl'lce Oh resort, l'l liit iii'it Pun
pose of drinking Intoxicating liquors,
is a nuiss nee; any place OF resort
where liquors are illegally kept is d
nuisance; any place or resort where
liquors are given away is nuisance
1t must be I; place of resort; and then
The statute goes on to say that any
person keeping or maintaining such Il
place shall be found guilty and pun
Shs therefor.
The state need not prove that thls
place was so kept ana used during the
whole of that time. The case is MAD.
out the offence is committed, if for a
single day between those dates that
place was so USED. If for Il single hour
in the day it was so used. for that hour
it was Il common nuisance and who
ever for that hour maintained the
place was guilty of keeping and main
tanning Il common nuisance.
sub d place of resort would be
equally a nuisance under the statute If
used by a club either to sell intoM-
eating liquors to Its memoirs. or to
distribute among its members intoNl
eating liquor owned by them In COM
mon, or 10 procure for and dSpcnS''
to members intoxicating liquor. which
wore bought for and belonging -
them Individuality If tho Ciup, by its
agent. purchased and stored intoXi-
eating liquors for it's members. and
dealt out in PORTIONS t" each member
upon his order the liquor belonging
to and kept for him. and kept tie
place for that purpose. the place was
a common nuisance under the statute.
Exception oNCrrulcd.
judgment for the state.