The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-01
PUTS BAN ON CLUB.
Can No Longer Handle Liquor Says
Attorney General.

Attorney General Jackson having
taken an extreme stand on the pro-
hibition question and found it popu-
lar now proceeds to interpret the law
against the bonaflde clubs and lodges
Of the state as follows:
''The club house law is. broad
enough to prohibit any member from
personally, and there keeping it for
his own use as beverage.
For some time there has been a
question concerning the existence OF
the socalled club house law, some law
yers contending that it was repealed
decided in April of this year the SUI
preme court says that the club house
law has not been repealed, and is now
the law.
THE liabilities, rights and priv
leges of clubs and lodges to keep and
termined without taking into consid-
GRAFTON the effect of the nuisance law,
which declares that all places where
Intoxicating liquors are sold. bartered
or given away in violation Of law are
common nuiSances.
"a club or lodge that furnishes in
toxicatfng liquors to its members, for
which they pay, is place where in
toxicattng liquors are sold, bartered
and given away in violation of law,
and comes within the prohibitions of
this section, although the parties may
2466 and 2493.
1.-The next clause Of section 2493
declares that all places where persons
are permitted to resort for the pur-
pose Of drinking intoxicating liquors
as beverage are common nuisances.
"a club or lodge which continually
permits its members to come to the
club or lodge room and drink in
toxicating liquors furnished by the
individual member, or brought by
the statute, and such club or lodge
room is thereby made common
nuisance; and every person who main
tains or assists in maintaining such a
nuisance is guilty of a misdemeanor
and upon conviction shall be punished
by fine of not less than $1oO nor
more than $500, and by Imprisonment
in the county Jail not less than thirty
days nor more than six months for
each offense.
''Under this clause of this section
of our statute each member of a club
or lodge that assists in maintaining a.
place to which the members of the
club or lodge are permitted to resort
for the purpose of drinking their
liquor, is guilty of a misdemeanor,
the same as the ordinary jointkeeper.
1.-The last clause of section 249S
declares that all places where in
toxicating liquors are kept for sale,
barter or delivery in violation of law
are common nuisances. Ordinarily
ing liquor keep 1t for sale and bar
ter or delivery of the law of this
state, and this again renders each
member Of the club or lodge liable
| to prosecution.
"There are states that hold that
where a club or lodge furnishes in
toxicating liquor to it's members at
cost out of common stock that there
| is no sale in violation of the law of
| that state but this rule is not follow
| ed in Kansas
The attorney general draws the fol-
| lowing conclusions:
l. A club or lodge can not by any
means whatever furnish or assist in
furnishing intoxicating liquors to it's
members where such members in any
| way pay or reimburse the club or
lodge for such liquors. This will in
clude practically all the acts of clubs
and lodges in the use of Intoxicating
| liquor. There will remain only the
one proposition-the right of the
member to drink his own liquor in the
| club or lodge room.
2. The club or lodge room can not
be used by the members of the club or
lodge as place for drinking intoxicat-
| ing liquors belonging to the individual
members. This will include all of the
acts of the clubs and. lodges concern
| ing intoxicating liquors that are not
| included under the prohibition against
| the sale of liquor.
8. A club or lodge can not keep in
toxicating liquor in it's rooms for sale,
| barter or delivery to it's members; and
| any member of the club or lodge who
assists In keeping or maintaining such
place is guilty of misdemeanor and
may be punished therefor.