Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1914-06-19
CLUBS CANNOT
DISPENSE LIQUOR

A decision Of great importance was
handed down by Judges WO0ll-y and Rice
when the Court Of General Sessions con
yeued in Wilmington last week, which
tOrbids the sale Of liquor by clubs % mem
brrs in the State Of Delaware Judgment
was entered against the Delaware Saen- Z
I gerbund the defendant organization, Z
I charged by the State with violation Of 4
/ the liquor laws as a test case 10 substau-
I tate tbs decision Of Judge Churchman
I 10 the Municipal Court a year ago (Which I
had % do with city cases. At that time
Judge ChuTchman ruled that the clubs {
were violating the law BY selling liquor
% members without d license and this
decision was upheld IN the higher court.
In taking mp the case Judge Woolley
suggested that a jury be drawn 10 order
that verdict might be rendered in ac-
coTdaucr with the findings Of the court /
as a legal f0rmality. Attorney General
Wolc0t readily agreed % this as did Rob
ert g. Hartman, representing the d-frn
dant club
The findings Of the court were then
Tead 70 the juu by Judge Wooliey.
After reviewing the facts the court IS
conclusion IS as follows While many
-lubs and organizations IN this State have
many -aAa 90. lAAl 20 A4EAa
members IN the manner disclosed in this
ase in the belief that they were acting
within the Law and while such uniform 4 /
onduct covering a considerable period
4 time may reflect the popular under
landing Of the law ia this regard. never
le.ess We do not feel for that reason or
q Difference % that understanding. that
be court has right 70 give % the law
meaning different from that which rs
.nguage conveys
The court is therefore Of the opinion
pom the agreed statement Of facts. that
lder the laws Of the State Of Del4w are
} oifense punishable by such laws IS
atrt or shown % have been committed Il
the defendant Being Of such 0pin-
p the jury Is charged and directed %
turn q verdict Of guilty against the de-
ldaut
The verdict vas 50 returned after which
e court said In conformity with the
ms and stpulauons Of the case stated.
E cour, orders that Judgment De entered
hnst the defendant upon the verdict
the jury."
70 the case stated the object ofwhich
S 70 get the courts ruling on the CON
ton Of bona fde clubs that The, had
sht 20 dispense liquor to members
odcI SrE puma agreeing % make The
on behalf of itself and other clubs
rested 1t was agreed that it pur-
sell rs liquor in bulk which it flru
u % members in quantities less than
quart, TO be drunk on the PREMISE.
al an agreed price per drink. th4tI
members were permitted 20 bus
ks that the club was duly iucorDor
, that lis clubhouse is located IN
ldysinr hundred. as well as havug
ibhouse in Wilmington. that liquor -
So dispensed at both places. that il -
between 700 and 500 members. etc
indictment hal been returned bv
grand jury charging the Sarnger- Und
with selling liquor iu violation of gagged
license
mediately after the completion ofthe s. for
ng Judge Wo0iley explained to the the on
len that they had but little choice necess
lderiug a verdict. The foreman Of. ,fFDr-
n.y. Samuel H. Derncksou Of Black
hundred thereupon arose and an
led the verdict Of guilty. The iurv U nd
ext discharged from further duty Legis!a
'ert O.. Harman filed an exception Of the
verdict II stated that this action the COT
iken In order that sentence might added
-erred until he had consulted with De the
ate counsel, Robert H. Richards in all sch'
. 90 taking an appeal ltors el