Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-09-09

for wholesale and retail licenses.
The tax is imposed by license on no
other business directly for the ben
eft of the state, and yet the con-.
nection with police supervision in
this instance must be remote indeed.
Leading English cases and some
American cases turn upon the the
DRY that club of the kind resem
bling the defendant is merely dis
tributing> among its members liquor
that belongs to them and which in a
sense they have already bought
and that the arrangement by which
each man pays his own liquor bill
to the club is simply an equitable
method of distributing the expense
of keeping and handling the liquors
among those who use them, reliev-
ing those who do not from any bur-
den of this kind. In passing, atten-
'Aoh hAoy NC Cdiicu " Iuc ucIeCtS
of this view by mere words-reve-
nue., police regulation, profit, detects
which will perhaps become more ap-
parent as the discussion proceeds.
But the police supervision phase
is important enough to deserve
word or two more. 1t must not be
lost sight of that while the state
of Nevada does not frown upon the
liquor business, but rather encour-
ages it., it is watchful of it, as in
Dictated by regulations of various
kinds bearing upon it, the closing
of saloons on election days, exclusion
OF minors, etc. 1t must not be lost
sight of either that serious troubles.
many of them affecting the public
directly, arise out of it, generally
indeed at points more or less re-
mote from the places of sale. In
other words, the police supervision
it demands extends throughout the
WHole community.
But this problem, the one pre-
sented for determination in this
suit, has still other phases. One
of these is special privilege. The
intent of the law is to treat all
i alike in so far as that is possible.
Clearly all bona fide social clubs
must be treated alike Let us sup
pose there are three in commun-
ity. One is very select and has a
membership limited to 100, men
of prominence and education. It's
bar is not heavily patronized and
there is no disorder. The second
club also has a limited membership.
the limit being 500, men not quite
so prominent or so well educated.
Its bar is well patronized and some
disorder results both in the club
and as result of its disposition of
liquor on the outside. The third
club also has limited membership,
the limit being 1000, men in all
walks of life. Its bar is very well
patronized and there is a good deal
OF disorder resulting from it sale
of liquor both in and out of the
club. Of course, some one belong
| ing to the select club rises right
up at this point and says: Don't
class us with the other two, for
ours is different kind of a club.
Yes, let us see how different. It is
incorporated; so are the other two.
Its membership is of much higher
grade; we'll, perhaps so, as to edu-
cation and prominence, but maybe
not as to the amount of liquor con-
sumed per man. But suppose it is
OF higher grade even in this re-
spect, who is to draw the line be-
tween them? Is not that the bus
mess of the legislature. if it is any
ones business, which is doubtful?
The other two clubs may make all
the arguments with perfect good
faith, that their sanctity should not
be invaded, for they are in mea-
sure homes for their unmarried
members, they ae looking out for
the order well enough. and so on.
i After all, are not the difference be-
tween these two clubs simply diff
ferences in degree?
i And this brings us naturally to
the next phase of the problem. Has
a saloon keeper any rights? He
!, pays his license tax. in return for