Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1913-04-09

Inc muCn mOotcd question, has
an Incorporated club the legal right
to dispose Intoxicating liquors to its
members" was partly aired in City
Court today when the charge of sell
ing intoxicating liquors to wit, whis-
key. against Isaac s. Horn. reputed
officer Of the East End German Demo-
cratic Club, of No. 1922 East sixteenth
street, was heard Horn. with Albert
Koop, reputed president of the or
ganization. and John Long were ac-
cused Of selling intoxicating liquors
to wit, whiskey as we'll as beer with
out a state license. The defendants
were represented by William +. Kurtz
and Philip L. Garrett, who were en-
gagged by the various clubs of the city
to make a test OF the present case.
When the case was called today, it
was agreed by counsel that both
charges against Koop and Long and
that of selling beer against Horn be
continued until April %. This was
done as Mr. Kurtz declared he desired
to argue that an officer of a corpor-
alton was not responsible for what
was done in his absence and Koop.
the president, was not present when
one. Hugh Ferry a member bought
whiskey from Horn in the club house.
Mr.. Lynn said he could prove that
Koop was cognizant of the sale.
When the case of Horn was called
City Solicitor Daniel o. Hastings and
his deputy John f. Lynn prosecuted
the case. Mr.. Lynn read a lengthy
paper on. the facts agreed to by both
Sides These we're that the organiza-
ton which was raided on Sunday
March 2. was an incorporated society
having a charter for twelve years.
That the organization purchased in
bulk. spirituous and malt liquors and
disposed the same to members at a
stated price.
That the club house is owned by
the organization and Is valued al
$4,000
That it had 90 members and that
IL had never applied for a state
license to sell liquors or any mer-
chandise.
Following the reading OF these
facts, City Solicitor Hastings said
the state was proceeding against the
men as individuals and not as a club
Mr. Lynn also stated that It had been
agreed that for the past 40 years or
CARNATIONS in this city, both incorpor-
ated and otherwise. had disposed oil
liquors without state license. He
also said that no licenses were ISSUED
for such clubs.
Mr.. Lynn then read the charter oil
the club which set forth the objects
of the club which were to further tn,
cause Of and to educate the members
in Democracy The receipts from tn,
sales of liquors. he contended. weni
to the club, which has no capita
stock e..
Mr.. Lynn then read opinions anC
decisions by numerous courts OF the
land bearing on club rights in liquor
sales
Mr.. Lynn finished reading his brie
at 1915 o'clock, whereupon Judg'
Churchman said one fact that haI
been overlooked, was whether thu
club had been incorporated under |
general act, giving 1t certain powers
of lawful business. Selling liquo
without a license is unlawful unde
State law, Judge Churchman added
The court further contended that tn
question was whether the member
could be construed as the corpora
ton.
Mr.. Kurtz replied that the questio
at issue was on the definition OF tn
word sale The laws dealing wit
! licenses. he said was to raise fund
for the State, and not to promot
the morals Of the State. He furthe
contended that the cases cited b,
Mr.. Lynn had come from local optiOi
or prohibition territory.
Mr. Kurtz read law setting fortl
what should be done with money re
ceived from the licenses. Mr.. Kurt
said all of the acts were passed b,
the Legislature. and he thought h
was safe in saying the defendant
were members of such clubs an,
knew intoxicants we're sold in the clu
The authorities knew IT, the Attor
lney-General knew Il. and it was onl,
in the past year that the question
arose, Mr. Kurtz added.
Mr.. Kurtz then cited the report o
the State Taxation Commission 70
the past few years, recommendin
the licensing Of clubs, which recon
mendation had been ignored by tn
Legislature. This shows, Mr.. Kurt