Evening journal., 1914-05-13
Defense answers
IN THE CLUB CASE
Mr.. Harman Says License
Laws Are Not Directed
Against Bonafide Or
ganizatiOnS
COURT DECISION
WILL COME LATER

Sessions at 1040 o'clock last night,
It being necessary for the court to
hold night session to allow the
counsel time to submit argument. The
court will announce decision in the
case later,
The afternoon and evening session
of court was devoted to hearing the
brief proper and reply brief sub
mitted by Robert G. Harman and
Robert H. Richards, representing the
Saengerbund. The briefs were set
forth in IA typewriter pages and
were presented by Mr.. Harman. AT
the morning session Attorney Cen
eral Wolcott submitted his brief,
which consisted Of 81 typewriter
pages.
In presenting the introduction of
the reply brief, Mr.. Hartman set forth
that most of the States case as sub
mitted could be explained and
answered on the following grounds:
device or subterfuge to evade
the law.
2-statutes referred to CLUBS" or
associations.
S-The sales occurred in dry or
prohibition territory.
4-The phraseology OF the statutes
Of the different States.
5-The reasoning of the courts un-
satisfactory.
mo authority cited in two Of the
cases.
Dissenting opinions we're rend-
cred in two of the cases.
S-Federal cases.
The brief then consisted of lengthy
citations of cases on device or sub
terfuge to evade the law and quoted
scores of opinions. The sale of liquor
in dry" or prohibition territory was
also dwelt upon and the phraseology
of the statutes in various States was
quoted.
The legal definitions of a dram
shop, tippling house and barroom in
troduced the citation in the case of
the Army and Navy Club of Washing
son, d. c., in which the judge was
quoted as saying:
I'VE are saved the trouble on this
point by the definition being given in
the following clause, Section 5. Ev-
cry place where intoxicating
liquors are sold to be drunk on the
premises shall for the purposes of
this Act be regarded and considered
a barroom and the possession of IL
quors and the selling and disposing
Of the same to be drunk on the prem
ises shall constitute and make the
place a bar-room."
The brief then continued on a
lengthy citation and review Of cases
involving clubs in various sections Of
the country in which the legal phra-
seology OF what constituted the sale
of liquor, followed. IN conclusion, it
dwelt upon the ground mentioned in
answer to the contentious Of Attorney
General Wolcott.
In the brief of facts, Mr.. Harman
first stated that the Delaware Saen-
gerbund had supplied to one of its
members named Litz, intoxicating
liquors for which he paid the club in
money. The club having no State
liquor license, he explained, that the
state contended that Section /, of the
statute controlling the sale of liquor
had been violated.
The Revenue Statute was then quo
ted, as follows:
Section /. That no person, firm
or company or corporation, without
therefor, shall be engaged, in, prose-
cute, follow or carry on any trade,
business, pursuit or occupation in
this Section, that is to say: auction
eering*+*selling vinous, spirituous
or malt liquor"
Mr. Harman called special atten-
tion to the fact that the revenue
statute showed that the Legislature
had in mind the sale of Intoxicating
liquor as an occupation or business.
Mr.. Harman said: THE two statutes
refer to and mean one and the same
thing, viz: That those persons must
nave state license who wish to en-
gage in the calling. pursuit, occupa-
ton or business of selling intoxicat-
ing liquors as for a livelihood.
Ihe language used, viz: That no
person shall sell intoxicating liquors, or
no person shall be engaged in the busi-
ness OF selling Intoxicating liquor,
mean one and the same thing
Several cases were then reviewed to
Illustrate the phrase Of engaged in the
business OF selling intoxicating liquors"
The brief was resumed as follows:
The furnishing of liquor by bona
hde Incorporated club to its members
Tor monied consideration is not a sale,
or II q technical sale is not a sale
within the meaning of the license law
OF the State relating to retail liquor
dealers.
The liquor license laws refer to and
contemplate only retail liquor dealers
who carry on the business of selling
liquor in public place, such as a saloon
and to the public at large This is ap-
larent from an examination OF the
liquor laws of the State. The last that
clubs have existed for generations and
have always been considered by the po-
lice and prosecuting officers of the city,
county and State. as well as the legal
fraternity and the judiciary, and also
the public in general as not being within
the contemplation of the liquor license
laws.
"A statute should be construed not
according to word or two in an entire
act but 1t should be construed according
to ITS true spirit, purpose and intent
and TINS intent should be gathered from
the entire act as a whole
This is penal act and penal act
should be strictly construed and all
doubts in regard to the same should be
resolved in favor of the defendant.
The furnishing Of liquor by a bona
iide incorporated club to its members
Tor monied consideration is not
sale or if technical sale it is not
sale within the meaning of the license
laws Of the State relating to retail
liquor Dealers"
Citations We're then made from the
standard text books to suBstantiate