The Bridgeport evening farmer., 1911-05-22

know of this question:" began Judge Foster. Everyone in the city knows of it. But whatever may have been said before, this question has never been before this court in exactly this form. So far as my experience goes there was only one case of clut that came before me and in that case the sale was made to a person not a member of the club. This question ot sales to a member of a club did not appear in that case nor in any other case before me. Now understand the question is squarefy up before the court. This is case in which, it is admitted by the State that it is a club and it is admitted by the idefen- dant that liquor is sold to members ot the club. The issue can be no simpler than that. I know of no provision of the law, no exception to the law of Connecticut permitting liquor to be sold by @ club any more than by an individual. Do you know of any ex- be glad to receive it before passing on this case"
 Judge Fosters question was directed to Attorney George Kane, who repre- scented the accused
 "Why the Brooklawn club, the AL gorquin club-other clubs sell to began Attorney Kane.
 T
 'T am now passing on this club and not any other club.'' he interjected. ''The name of this club I don't know, and I don't want to know it. The law is clear that liquor shall not be sold by anybody. Every person who by himself or by his servant or his agent shall sell or expose for sale comes guilty and sentence him to pay a fine of $100 and costs. An appeal, if desir- ed, may be allowed under bonds of s2oo.
 : Attorney Greenstsin then took up the cases of the frequenters. He selected one as a test case, and argued for his conviction.
 ture of the trial. Prosecutor Green stein asked for the conviction of all the frequenters regardless of whether or not they were club members. The counsel for the accused argued that the law to punish frequenters covered only the frequenters of li- censed places open at unlawful hours
 Under Judge Fosters construction of the law. it is unlawful for a club to sell at any time-these clubs having no liquor ncenses-hence whenever they sell they are open at unlawful hours.
 He maintains, therefore, that per- son frequenting club for the purpose of purchasing intoxicants at any time, under which the prosecution was brought.
 This sustained the position of Attor- ney Greenstein, who pointed out the wording of the statute "or exposed for sale'' does not necessarily refer to a licensed place.
 After the first cases had been dis posed of, the counsel entered formal demurrers for all other cases, which alties given above. Appeals were taken in all cases. Appeal bonds for the stewards were s200 each and for the frequenters $50 each. Bail was furnished, to the amount of 8, 400 Later half a dozen of the freQuenters paid their fines rather than go to the upper court.
 News of the conviction of the club men was pleasing to the general run of saloon keepers. who are obliged to pay $450 annually for their license, and who are vigilant1y watched every They had watched envious- ly the growth of the Sunday clubs which heretofore had apparently been beyond reach of the law.
 Prosecutor Greenstein said he will govern his future steps by the decis- ion of Judge Foster, and will proceed to raid every club. He wants to be fair, he said, and he will give notice to such clubs as he Is convinced have the liquor laws. But he will raid per emptorily any of the fly-by-night clubs organized to sell liquor on Sun days.
 This is the section under which the Club stewards were convicted (2073 of the general statutes):
 Every person who by himself, his servant or his agent between the hours of 12 o'clock on Saturday night and 12 o'clock on Sunday night next following shall sell or expose for sale any spirituous or intoxicating liquor or who shall keep open any place of any kind or description in which spir- ftuous or intoxicating liquors are at any time sold or exposed for sale, or are reputed to be sold or exposed for Sale, shall be subject to the penalties of 2712." GA fine of not less than s10 and not more than s2OO, for first of fence. and in addition, after the first offence, the fine with a possible jail sentence of not less than 10 days and not more than six months)
 This is the section under which the frequenters were convicted, (Section 19, acts of 1905):
 Every person who with intent to purchase intoxicating liquor shall en- ter any place of any kind or descrip- ton in which spirituous and intoxicat- ing liquors are licensed to be sold or exposed for sale during the hours in which it is unlawful for such place to be open for the safe of spirituous and intoxicating liquor. or who shall purchase intoxicating liquor. etc., shall be fined not more than ST.
 10 in tnr7 i,,rr pleased with the outcome of the cases. His hands had been tied for months because the prosecuting agents would not give him warrants upon which to make the arrests. When the police made the last raids upon their own the cases were thrown out of court
 The superintendent is determined to