Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-04-09
DECIDE CLUB LICENSE
CASE ON APRIL Is

SAID, the thought or the legislators
on the subject
Continuing, Mr.. kurtz said:
The legislative intent of the act was
purely a revenue and not moral
act
In referring to his briefs, Mr.. Kurtz
cited the license laws of 1793-1S09,
showing that dealers in malt liquors
were placed in the same class as
other merchants All acts governing
the liquor business and other bust
ness were under one head, but of late
the headings have been changed. there
being but one exception, and that in
sense a prohibition act This act
was repealed later. and in 1878. Mr..
Kurtz said, the lawmakers classified
the dealers as now. AT times Gov
ernors issued licenses, again judges,
but in the EOS the present law was
passed.
Mr.. Kurtz said the members had
an equal equity and ownership In
common and II the club had 80 mem-
bers, each member could have his
share OF the liquor bought He cited
cases from New York, New Jersey and
4 Pennsylvania to substantiate this
point
As to the definition OF the term
sale, Mr.. Kurtz cited cases that the
/ liquor furnished TO a member OF a
club was repaid for by the member
placing back In the treasury the value
OF that which had been purchased
from IL. The English laws and laws
OF various other States holding 10 this
definition Of the word sale were
quoted by MIR. Kurtz. The State Legis-
lature. he commended assumed this
position when they refused to license
clubs despite the request of the State
Taxation and Revenue Commission.
In his closing review Mr.. Kurtz claim
ed that the licensing OF club not
only allowed 1t powers but the law
imposed duties on Il to sell TO the
public, thereby preventing the objects
OF the organization from being carried
out
IL was 1880 o'clock when Mr. Kurt7
ceased reading his BRIEF, he having
read for two hours.
Mr.. Garrett followed. saying he
would not occupy more than five
minutes. He drew attention. to the
Boyce case which had been cited by
Mr.. Lynn. This the attorney for
Horn commended was where club
had failed TO secure license. The
other cases cited. or rather the most
of them, he said had grown out OF
sales in prohibition territory and in
this state. the only one in the coun-
try where land is not taxed for the
states benefit, the license OF LIQUOR
sales was for taxation. Clubs he con
tended, could not secure the neces-
sary signers to license application az
the laU required nor could It conduct
business with its charter. In closing
Mr.. Garrett said II would be impos.
sible TO have clubs which sells meals
TO members, secure an eating house
license nor an amusement license be.
cause they have pool tables.
City Solicitor Tasting said the
statement that the license laws were
for revenue only was not strictly so
The only law that was for revenue
only was placed by the Federal Gov
eminent on the sale Of liquors in tina
every day one could secure a license
from that source for the sale OF in
toxicants
Mr.. Hastings said defendants ha'
contended that it was impossible 70
> them to obtain a license for the sal
OF luiOAicdulS. MS, ne hdlu wa
true, otherwise they would not b
, passing checks. Unless they can fin
authority to sell liquors within tn
statutes OF this state, they will hav
TO put up with the inconvenience.
Mr. Hastings added: What mat
ter is it whether il is a bona-fde clul
or not it is for us to show that ther'
was sale. The courts admit tina
such passing of checks is technical,
sale. The reason the Legislature
did not license the clubs was because
they did not care TO extend the legal
lied liquor business" Judge Church
man then announced he would give hi
decision on April %
The Rev. Hervey Wood. superin
tendent and financial secretary OF tn
Temperance committee Of the genera
convention Of the Baptists Of Nortl
America was here from New York cit,
and with the Rows. George Henry Dole
l. NJ. Morgan. w. F. Corkran. Georg
r. Reed, Thomas p. Holloway and J
e. Hunsberger. all Of this city attend
|. ed the hearing