The Dawson news. (Dawson, Ga.) 1889-current, 1913-05-23
GEORGIA COURT OF APPEALS
DEALS SEVERE BLOW TO So
CIAL AND LOCKER CLUBS.
NO SELLING AS A BEVERAGE

''When the Steward Sells to Members
Intoxicating Liquors He Is Guilty
| of Violating the Prohibition Law"
Says the Higher Court.
ATLANTA.-A severe blow at ev-
cry social and locker club in Georgia
| was sounded in a clean-cut decision
of the court of appeals handed down
this morning.
Under this decision the sale of in
toxicants is a violation of the prohibit
ton law under any circumstances
made, and prohibitionists, if they
elect, are given a powerful weapon
for putting the lid on so tight in
Georgia that a drink would be as
novel as a pool of limpid water in
Sahara
Ike Rothschild was, and mayhap
is. steward of the exclusive social
club, the Brunswick Oglethorpe, in
Brunswick. He was brought to bar
on a charge of violating the prohibi-
ton law, and witnesses were placed
on the stand, when his case came on
trial before Judge c. B. Conyers, to
prove that they had purchased whis-
key from him.
Acting as Steward.
This Rothschild did not deny, but
admitted it freely and frankly but
set up that he was acting simply as
/ steward of the club at stated sal
airy that he was in no sense a beneti-
ciary of the sales made; and that all
sales were made to members Of the
club duly accredited and in good
standing.
But this statement didn't get any
where with Judge Conyers, and
Rothschild was convicted and SEN
fenced to twelve months on the
chaingang for a straight violation of
the prohibition law. He appealed,
setting up several grounds, all OF
which the court of appeals knocks
down with a ruthless hand.
In the first place, the indictment
contained two counts, one of which
was good the other faulty. the
court of appeals holds that ION an
indictment containing two counts,
with one good and one detective, and
there is a general verdict of guilty,
the law will apply the verdict to the
good count, particularly where all OF
the evidence is introduced on the
good count
Testified in Own Behalf.
Rothschild was also allowed to tes-
tify in his own behalf, although not
under oath, and the fact that the
Judge stated to the jury that MS
. statement could give weight, If haV-
, ing any. to their verdict and the
Jury cared to weigh that statement
, This is held not to be reversible er-
ror
, Another interesting point was also
c raised because the solicitor, while the
jury was being selected, asked each
, one: "Are you opposed to the en-
y forcement of the law known as the
prohibition law in Georgian" 1t is
@ held that while such inquiry was not
- authorized, yet at the time the ac-
4 cused raised no objection to it being
propounded hence it is too late to
n raise it now. Thereupon the court
&c gets down to the crux OF the situa-
tion, when it holds:
o ct forms no defense that the ac-
4 cused sold Intoxicating liquors as al
II employe of a social club. Intoxicat'
ing liquor cannot be sold by an indi
o vidual or corporation as a beverage
d and when the steward of a social clul
q sells to members intoxicating liquors
4 he is guilty of violating the prohibit
. ton law, although acting solely as al
agent of such a club"
1t is held further that the plea that
as steward he received a stipulated
: salary and got no benefits out of the
g sale of liquors, which were made
o only to bona fide members in good
standing, did not help him.
Taken in connection with the re-
r cent decision of the supreme court
in the Savannah case, where it was
held that a place where intoxicants
were sold could be closed on CON-
plairt of citizens that the same con-
stituted nuisance, regardless OF
2 whether it was open or secretive, this
e decision today is knockout blow
i for the sale of intoxicants under any
e circumstance or condition in Georgia.
< The weapons are at hand to put
= the lid on air tight