The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-06
|ClUb BARS Open
! ON ELECTION DAY
ordered Closed by Police, but
Mandate Rescinded When
New Law Is Found.
QUESTION is PERPLsxINe
Judge Richardson, at Werner's
Request, Will Hear Argu-
ment From Both Sides.

nlent FROM bOtn SlQcS.
When 1t was learned yesterday
morning that Bullets Of the West.
moreland. Commonwealth and other
clubs were open and dispe nsing.
liquor orders went forth from police
headquarters to have them closed i'm
medi Ia oely. This was done on the
opinion Of commemorative Attorney
Minitree Folkes, acting upon one Sec
ton Of the Byrd liquor law. II was
not long before Henry 3. Hotchkiss.
chairman of the house committee OF
the westmoreland club. appeared be-
fore Judge d. c. Richardson In the
Hastings Court ana pointed out an
other section Of the Byrd law. This
threw an entirely new light upon the
question. and Commemorative At
torney Folkes directed Chief Of Po-
lice Werner to rescind the order clos
ing the clubs Bullets.
The same question arose at the
presidential election four years go.
the late Judge s. 3. Witt at that time
were to the effect that clubs might
ensv liquor on election day. The
same question arose during the Ad-
ministrative Board primary. Some OF
the clubs closed their bars. while 9TH
ers remained open.
Test Case Never Made.
There has never been test case
made Of this law. To do this. 1t would
be necessary for some club TO be re-
ported. the case heard in Police Court
and from there go before Judge Rich
ardson.
Chief Werner said yesterday that
he did not intend to report any club.
as he was fully satisfied that the law
was not being violated. This also was
the opinion Of Judge Richardson and
Commemorative Attorney Folkes.
However. at the request OF Major
Werner. Judge Richardson announced
that at some future data he would
hear both sides Of the matter. TO be
presented by Mr.. Foxes and counsel
for the clubs; that he might make a
decision Tor the guidance of the police
and avoid further difficulties.
One Of the provisions OF the Byrd
law is: mo ardent spirits shall be
sold between the hours OF post
meridian the day before any election
and the hour Of s antemeridan on
the day succeeding such election day
Judge Richardson. in an interview
with a reporter for The Times-Dis-
patch. said that In the case Of the
Commonwealth against the Piedmont
Club. OF Lynchburg. heard some years
ago. it was held that the dispeHsins
Of liquors by clubs was not q sale In
the contemplation OF the law.
Another Section Of Law.
Another section OF the existing H.
Quor law 10. ANY corporation. firm
or association chartered and organized
as a social club which shall desire
to keep on hand ardent spirits to be
sold directly or indirectly or given
away to members Of such corporation.
shall procure a license in accordance
with the provisions Of this act, and
shall be entitled to all the privileges
and subject to all the conditions. limi-
tations and penalties prescribed by this
act"
This was the section which caused
the order to go forth closing the club
bars.
Following is the next section to the
above, and the one which Mr.. Hotch-
kiss directed to the attention OF Judge
Richardson:
ANY corporation chartered and or
sanized as q social club and desiring
to keep on hand at its club house or
club rooms ardent spirits. to be sold.
given or dispensed to the members and
the bona fde guests of such corpora
ton or club. which shall obtain IL
cense on the following conditions. ana
not otherwise. shall not be affected By
the next preceding section"
When Mr.. Hotchkiss, after he had
learned a policeman had ordered the
westmoreland buffet closed. appeared
before Judge Richardson. the latter in
formed him that it would be impos-
sible for him to decide . hypothetfcas
case. He explained that for him TO
render Q decis ion q case would have 20
be brought before him on an appear
from the Police Court He added, how
ever. that IL did not appear to him
that the law required club bars to
close ON election day.