Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-21

| therein, and to drink the same in
this room and in the dining room,
when they so desired. The locker
room was most used by members of
the club on week days between the
hours of and in the afternoon, and
on Saturday evenings, during which
time the average number of members
present in the room would be 10. On
rare occasions, not exceeding three or
four times a year, the number of
members present in this room at one
time would be as high as 90
"On the 18th day of November. 1913,
Ga time within the period covered by
the indictment). 146 lockers were
owned and used by members of the
club, and contained in the aggregate
1908 bottles, each bottle containing
more or less intoxicating liquor.
| These liquors consisted of whisky gin
/ vermuth, rum, champagne. wine, beer,
ale, and other liquors, the property
of the respective owners of the lock-
ers. 1t is agreed that the condition
| so existing on said November. 18th is
a fair example of the condition there
existing during all the period covered
by the indictment"
| ANY and all intoxicating liquor so
kept and drank in the club during the
| period covered by the indictment was
purchased and owned by respective
members of the club, and no officer
| agent, servant or employee of the
club participated in any way in the
purchase or sale of such liquor or in
the payment therefor. During the
! period covered by the Indictment there
has not been in the said clubhouse nor
anywhere on the premises of the
! club, any Intoxicating liquor except
such as was owned by an individual
member thereof, and kept by him in
| his individual locker. as aforesaid, nor
| during said period has there been in
| the clubhouse, or anywhere on the
| premises of the club, any intoxicat ng
liquors sold or kept with intent to sell
by any person. copartnership, or cor
! poration whatsoever"
During the period covered by the
indictment, each member of the club
who bought or sent intoxicating liq-
uor to the clubhouse to be placed in
his locker paid to the club a service
charge of Is cents a bottle for spir-
itous liquors and cents a bottle for
/
charge was imposed and collected as
payment for ice, sugar, the use OF
glasses and mixing utensils and at
| tendance of servants"
During the period covered by the
indictment. the number of resident
members has been approximately 160
of non resident members, 95, and OF
army and navy members, 5 and at
least 40 per cent. thereof, during said
period, have neither kept nor drank
| intoxicating liquors on the premises of
the club"
| The rules and regulations adopted
| by the club relative to the introduce
| ton to the club house of non mem
bers are rigidly and impartially en-,
| forced"
Though the House rules were made a
| part of the statement the court has not
been furnished with a copy. But we
deem them to be immaterial for present
| consideration. The grounds of decision
will be found within a narrow compass
Inasmuch as 1t is admitted that the place
complained of was kept and maintained
by the defendant, the only remaining
questions are whether the place was a
place of resort" within the meaning of
the statute. and, if so, whether intoxicat-
Ing liquors were there kept or sold or
given away or drank or dispensed in any
manner not provided by law. If both
questions be answered in the affirma-
tive, the offense is made out For it can
not be doubted that it was resorted to in
part for the purpose of drinking intoxi-
eating liquors whether it was a statu-
tory place of resort or not
The defendant contends that the club
house in legal contemplation was not a
place of resort for two principal reasons
First because it is not a public place to
which the public generally resorted or
had right to resort; and, second, be-
cause the members who actually did go
to the place by virtue of their member
ship, essentially owned the place; tina.
they used it as members, but did not in
legal meaning resort to it; that in the
language of State VS. Dodge, 18th Maine.
439, Att. SIS. the building may be and
is used by the occupant or keeper. 1t is
resorted to by other persons
We think neither ground is tenable.
1t is unnecessary to discuss the fine
distinctions suggested by counsel. In the
statute there are no such limitations up
on the meaning of the phrase, place of
resort" as counsel seeks to incorporate.
The statute is clear and plain. 1t does
not say 'all places of public resort" 1t
says, "all places of resort.
1t does not say "al- places of resort
except those to which admission is lin
tied to members of the corporation keep
ing them 1t says "all places of resort"
1t would be a perversion of terms to say
that clubhouse is not place of resort
merely because it is resorted to only by
members of the club owning and main
tanning it. What is a club? Why Is a
club formed and maintained but to fur
nish common meeting ground to which
the members may resort? Words in a
statute are to be taken in their common
and popular sense unless the context
shows to the contrary. If a clubhouse Is
not place of resort in the ordinary ac-
ceptation of the term 1t Is difficult to
conceive what can be-
To constitute place of resort it is not
necessary that it be open to everyone.
1t is enough If it be resorted to by lin
fn6 10 l.~o