The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-05

Orders will Immediately be issued by
the respective county attorneys OF the
varlous counties where bars OF this
character arc maintained. and il theY
are not immediately abolished arrests
aud heavy fines with Imprisonment OF
the officers will follow
The three members Of the supreme
court. Judges Ailshic. Sullivan and
stewart, weTc unanimous in the decision
they had reached IN barring all buffets
unless state licenses are secured The
court holds that under the provision OF
section 10 Of the revised codes Of Idaho.
words and phrases are construed accord
ing TO the content and apnroved usage
OF the language, and further. that sec
ton 10 of the codes provides the word
person. includes corporation AZ
well as n natural person, and that in
another section the word includes cor.
porations of al characters and kinds,
that a social or religious organization,
whether organized for profit or not,
which keeps n bar or buffet is in viola
tlon of the laws of this state unless
a state license is secured
Same AS Common Bars.
Where a social club is organized as
corporation aud keeps a stock of
Liquors for disposal TO members and
guests. SAYS the court in its opinion.
- rs a mere incident TO the general sub
lects Of such club. the ownership in
and property 10 such LIQUOR is in the
club and not ITS members. until after
the members have pure hased such liquor
for their own.
The court makes IT clear that under
the laws OF this state all dispensers
of liquor are required TO secure not only
a government hut state license, and
the fact that the former had been Sc
cured does not permit the retail Of
liquor whether at n private bar or the
bar of Segular saloon, and that Ii.
censes issu& TO private bars must be
granted in the same manner as those
given TO common bars. subject to the
50 me restrictions and limita tious.
II is now believed that the opinion
of the court is sweeping and that clubs
cannot substitute the locker system of
keeping liquor for members for the pri.
rate bar. Many Of the private clubs or
those lodges maintaining bars hoped to
be able 10 keep up = locker system even
though the court ruled against the bars
they have. Where evidence can be pro
duced TO show that liquor is kept by
members of a club under the so-called
locker system, convictions will follow.
Test Case Brought.
When the Ada county case against the
Boise Commercial club came up it was
decided TO carry it to the supreme court
as strictly test case. The issue of the
private bar was brought prominently
into the public limelight when former
Mayor i. I, Pence sent detec tivcs into
the Boise Commercial club buffet TO Sc
cure evidence against that organization
70 not only members but all who called
The raid resulted in liquor being pur-
chased and the bar employees of the
club beng placed under arrest. They
we're tried III the police court and hcav-
lily tinod. Appeal was filed to the dis
trict court. Judge Fremont Wood. a
member Of the club, before whom the
case was TO be heard. disqualified him
self Judge Wood Of Shoshone county
ruled against the, Commercial club, hold
ing that il was IN violation Of the law
through the sale Of liquor. An ap-
court, after stipulation of
facts had been entered into. The
club counsel contended that under the
law the statutes provided that the
word "pcrson' meant only such indi.
viduals who dispensed liquor by taking
out an individual license were rcspou
sible while the term could not comply
to club. incorporated under the laws,
the members of which maintained bar
for the sale Of liquor to themselves
without profit 10 the corporation
MANY of the commercial clubs Of the
state AS we'll as the Elks lodges, the
Eagles and other secret organizations
and social clubs have maintained bars
in tins state since their orga nization.
They will now have to abolish them and
NAV not even have the satisfaction Of
conducting Il locker system for their in
diyidual use. There is. however, a di-
yersity Of opinion as to whether the
decision of the court can be applied to
the locker system. II may take another
fest case TO decide this. but the county
attorney here construes the law as bar
ring the locker and will make arrests
where the alleged subterfuge for the pri-
yate bar is installed.
ILnnn GnIInI I'LL