Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1914-06-11

facts the defendant is guilty or ns
nocent Of the misdemeanor charged
to Il by the indictment according al
the court states and instructs you
upon law applicable thereto.
The admitted facts Of this case that
have the most direct bearing on The
question raised by them, are, that
that defendant is a corporation; that
Il Is a bona fide club, consisting Of
several hundred members, organ
lied and conducted for an innocent
and a lawful purpose that as an in
cident and not as an object OF its or
ganizatiOn and conduct, 1t purchased
intoxicating liquors with funds from
its treasury, and when requested, dis
Densed the same IN general to ita
members. and In this particular in
stance, TO one John II. Litz, one of its
members. IN return for money paid
by him: that the money received
from IT'S members in return for the
liquor dispensed was placed in the
general funds OF the club, to be used
for club purposes, and was not set
with which to replenish It's stock of
liquor; and that Il never applied for
nor did Il ever receive from The
State Of Delaware, a license to sell
liquors.
The question Of law presented bv
this statement Of facts, Is whether
the defendant in so dispensing in
tOxicating liquors to its members
without a license from the State Of
Delaware to sell Intoxicating liquor,
violated the provisions Of Chapter
AS. Volume IA, Laws Of Delaware
as amended: or stated with especial
reference to the precise issue by
which alone that question may be
solved, was the described transaction
sale. or rather a sale OF liquor
within the meaning Of the statute,
The sale of Intoxicating liquors has
for many years been a subject over
which the State Of Delaware has AS
sumed regulation and control. The
exercise Of such power over such q
subject as liquor may be resorted In
bv state government primarily for
1 two objects the state may treat he
sale Of liquor as a proper subject t
revenue, and with that object alone
in view exert it's power IN produe
ing for the state an income from the
sale of liquor by and TO its citizens
Such a statute is called a revenue
statute A state, however, may go
further than this. and while retain
ing the revenue feature. II may CON
slider that because Of the nature az
the commodity, and its effect upon
the health. morals and the habits Of
its citizens, il will by statute control
the sale OF liquor for the benefit an1
protection OF society, under its uo-
lice power.
In contemplation Of the first object
the General Assembly Of the State
Of Delaware, In 1867 enacted
statute which provided, "That no per-
son without having first
obtained a proper license therefor.
shall be engaged in
AMI business e~ie in this section
hereafter next mentioned. that Is to
say. selling vinous, spiritu-
Gus and malt liquors" Chapter 1T.
Volume 10, Laws of Delaware.
Observing a long line of eases decided
under like statutes in other states, reg
ulating and affecting .ae business 81
selling vinous spiritous and malt
liquors in which were raised the ques
tion whether under such statutes the
dispensing Of liquor by club comes
within the provisions thereof. we can
readily see how the transaction. though
possibly a sale. is not an act commit
ted by the defendant in the "business
Of selling vinous, spirituous and malt
liquors" for certainly bona fide club,
Continued on Page Ten.