The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1913-05-22
AFFIRMED DECISION OF LOWER
COURT IN CASE OF IKE RoTHs.
CHILD, OF THIS CITY.
.ENPLOYE HELDEQUALLY GUILTY
Law Holds That No Defense is
Firmed When the Liquor Is Served
as an EmplOye and Not as Owner
Of the Club.

IN confirming The Verdict in the
city of Brunswick in the case of tbe
State vs.. Ike Rothschild OF the
Observation-Disclosures club, the state
court OF appeals has delivered a bod,
/ blow to the sale Of whiskey in clubs.
II Will be recalled that Mr.. Koths.
enid the steward Of the Brunswick
oglethcrpe club, was convicted in the
superior court scme time azo of sell
ing whiskey. He was fined $500 and
costs. The case was carried to the
court Of appeals, why're the verdict
q the trial court W S afdrned. In
affirming the verdic the court also
expressed the opinioh that stewards
Of clubs selling liquor for the clG5,
even thoush they derive no revenue
from such sale, are ylo,ators of the
prohibition laws.
With reference to the opinion the
Atlanta Constitution Of Yesterday
says
Any sale Of Intoxicating liquor 10y
steward or other employee Of
locker club, even Trough such sale is
entirely for the benefit CT tho club
and the employee making it &eriyes
no profit therefrom. is in violation of
The prohibition law, ana renders the
seller liable to Enc and Imprisonment
Such is the law, according to an
opinion handed down by the court Of
appeals yesterday W the case OF
Roihchad v the state. Appealed from
the superior court Of Glynn county.
The language of the court is clear
and unNluiyocal. and viii make hard
shedding for locker clubs throughout
the state. if the law is enforced
Employee No Defense.
The fourth and fifth head notes OF
the opinion, which is written by
CHIEF Judge Ben Hin, are as follows:
On the trial Of an indictment for
selling liquor, it is no defense that
the accused sold the liquor al the
employee Of social club to the
members thereof Intoxicating ll
Eors cannot be sold in this state by
an individual or a corporation as
beverage, and when steward Of
social club sells to the members Of the
club intoxicating liquors, he is guilty
Of violation Of what Is known as
the prohibition law although in max
ing the sale he is acting solely for
the benefit Of the club
The evidence for the state de
manded the conviction and the STATE
ment Of the accused. to the effect
that in selling the intoxicating liquor
he was acting solely for the benefit
or the club and that he received no
personal benefit from such sales. con
stituted no defense
Ike Rothchild was steward Of the
Brunswick Oglethcrpe club. He was
indicted for selling whiskey, and on
the trial he pleaded that the sales
brought no priit to himself. but, Fere
entirely for the benefit Of the club
Notwithstanding he was convicted
and on January %, the trial judge,
G. B. Conyers, sentenced him to serve
twelve months in the chaingang, or
pay fine Of 5000 He appealed and
the conviction Of the lower court
was sustained in yesterdays decis-
ion
This together with recent decis-
ion Of the court in a Savannah case
to the effect that any place where in
tozicating liquor is sold is blind
tiger, and may be enjoined as pub
lie nuisance, has drawn Gordon
around the prohibition law through
which it will be much harder for yio-
lators to escape in the future.