The Bridgeport evening farmer., 1911-07-06
FOSTER DECLARES THAT
 ]. UNIVERSITY CLUB MAY 5 DISPENSE INTOXICANTS
Decision Based on His Own Definition of
 Word "Se||''
University Club Does Not Se Lquors He Declares But Simply Has Arrangement to Equtably Share the Expense of
 Maintaining the Stock of Liquors

Any bona fide club in which the
 fdispensing of liquor to members is
 merely incidental to the life of the iclub may dispense intoxicants tc iobtaining license, under the decision jof Judge Carl Foster of the city tcourt
 Judge Foster today made an ex- fhaustive decision of the much mooted Itest case growing out of Prosecuting fldquor Agent Greensteins raid upon the University Club, one of the lead ling organizations of clubdom in this section
 4 After reviewing the law and decis- ions in similar cases in many States, The upholds the University Club. In lcidentally he points out the distinc- tion between the club cases recently ktried before him, in which convictions were made. He shows that in one of
 these cases the club was dispensing fliquor to outsiders. and in the other, the fact that sale had been made, was admitted by the defence.
 Judge Fosters decision is based un- on the fact that the dispensing of H- quor to club members under the sys- tenn of the University Club, which is 1.-the system used in most well organ liked institutions of the sort, is not in his opinion a sale of liquor, but mere lily an arrangement for equitably shar- Ting the expense of maintaining the store of Iicuors.
 { The raid upon the University Club followed number of raids upon oth- as legitimate clubs was questioned by t the authorities. Attorney Sanford CEtoddard, president of the club, was charged with violating tho law in dis Epensing liquors without a license. He twas not in court this morning. but ke Day, of Stoddard. Marsh & Day. Attorneys Henry Greenstein. and Al Ebert J. Merritt. the two liquor prose- cutors for BridgepoSt,s were present
 Here is Judge Fosters decision. In
 part:
 ed with selling Spirftuous and intoxi- eating liquors without having a H. cense therefore as required by the laws of this State.
 It is admitted that he is the presi- dent of the University club of Bridge port and that as such president has general control of the club and its employees, and that under his orders liquors were dispensed to the mem bery of the club on the day set forth
 in the information
 A stipulation as to the facts has been agreed upon by the state, and the defendant and filed in Court, and to arrive at conclusion in this case the Court has to decide this one ques- tion;
 Does the dispensing or serving of liquors by a bona fide club in the manner set forth in the Stipulation as to Facts constitute a sale of such li- quor under the law of this State? On two other occasions cases have . arisen in this Court which were in some respects similar to this one. Tn one case liquor was sold by a political
 club to one who was not a member. In several cases recently before this Court the facts agreed upon by the State and the defendants were, that the liquor was sold by club. In both 0f these instances 1t was found by the Court or agreed by the parties that liquor was actually sold by the club. In this case the sale is disputed; the sale is the point at which the State and defendant are at issue: the Court Is asked to say whether or not under the law there was a sale.
 Let us first understand clearly what
 the facts are in this case as agreed
 by the State and defendant; let us
 then consider the statute under which
 the State claims a convictions; let us
 examine briefly some of the rules of law which should govern the Court
 in the construction and interpretation
 of this statute: let us examine what
 ever may have been said on the sub
 ject by the higher Courts of Connec-
 ticut: let us examine the decisions of other states on similar cases; and
 from the survey of the facts and the
 lew endeavor to arrive at reason
 able and logical conclusion as to what
 the law of Connecticut is on this sub
 ject.
 The University club is a corporation without capital stock. Its object as
 contained in it's Certificate of Organi-
 xation is ito promote social inter course among university men in the City of Bridgeport" Its business is
 and redreatfon of its members, and not for the purpose of deriving a pro- fit beyond the paying f its expenses fit beyond the paying of it's expenses.
 and as such leases a large building In which are rooms where members of the club may read, write, dine, play billiards, etc, general assembly room seating 150 persons, and rooms where 12-15 members live at all times. Its affairs are controlled by a coun- ell of twelve members. by president, vioe-president, secretary. treasurer and various board of said council It has a limited membership. It pro- vfdes lectures and entertainments of various kinds for it's members. It has ever since it's organization on March IA 1905 from time to time pur- chased intoxicating liquors and serv- ed the same to it's members on all days of the week. The serving of such liquors to such members is mere Dy incidental to the social purposes of the club and is not the purpose for which the club was organized. Upon the serving of such liquor to member of the club, the member is required to sign a check for the same, by which act he agrees to pay to the treasurer of the club an amount for such liquor which has been fixed by the proper authorities of the club be- fore the serving of such liquor. At the end of each month each member pays to the treasurer the amount for which he has signed checks during | the preceding month The money so received from the members by the | treasurer is by him deposited in the | funds of the club derived from all l sources including dues, rent of rooms, | use of squash courts. serving of ci 1 gars. serving of meals, donations and |