Evening journal., 1914-05-13
Navy Club vs., The District ii Columbia.

VII meet " map out campaign plans
Navy Club VS., The District of Columbia.
IN 1896, Mr. Harman said. sIhis case is
cited by the State in favor of its con.
tentlon, but as shown in the other brief
lthe reply briefl the case was decided
on the ground that a club was held to
be bar-room because of the language
Of the statute defining the word. viz:
bar-room also because the statute used
not only tie word Selling nut also the
words ''disposing Of" liquors. But on
the question as to whether or not the
furnishing of liquor by club to its
members constituted a "sale" the court
said; Whether furnishing liquors to
IT'S members by a social club in the
manner described constitutes sale
within the meaning OF that word as
used IN the excise and prohibitory laws
A. q question which has undergone much
discussion in the courts OF the country
with an irreconcilable conflict as to the
result The most, if not all. of these
cases, have been brought to our atten-
tion through the industry Of counsel.
and it seems that the majority of them
sustain the siue OF the negative"
Numerous other cases were cited bv
Mr.. Harman, with the decisions of the
courts OF the various States in which
the cases were tried, in support of his
contentious to the court.
After quoting from large number
of such cases stated to the court the
following results of an examination
made by him Of the liquor license laws
of the State:
The liquor license laws of the State
disclose clearly and beyond all doubt
that they were never intended to in.
clude or apply to the case Of bona fide
club furnishing liquors to its members,
the same being merely incidental to the
main object or purpose for which the
club was organized. In addition to call
ing attention to Section l Of Revised
Code, page 4l0. and Section of Re-
vised Code, page SO, we specially call
attention to the classification Of licenses
to sell or manufacture intoxicating
liquor and note the following:
Tavern or inn-keeper.
2-Wholesaler and rectifer.
3-Merchant and bother.
druggist.
5-Brewer.
6-Distiller.
Outside of the tavern and an inn
keeper all other licensees can only
sell liquor to be drunk off the pre-
misses. Our license laws also except
certain persons to whom LIQUOR NAV
be sold, such as minors, intoxicated
persons, etc, and this further
strengthens the contention that the IL
cense laws were not intended to apply
to clubs furnishing liquor to its own
members. We would also call atten-
ton to the following:
Section 4. 1t shall be the duty Of
every Justice of the Peace, Mayor,
Alderman, Sheriff, Deputy-Sheriff,
Coroner, Constable, Policeman or
other peace officer within his county.
ward or district whenever he shall
have knowledge that any person or
persons, firm or company is or are
selling or dispensing intoxicating
liquors contrary to the provisions of
this act, to make complaint or cause
complaint to be made before some
justice of the peace or other proper
officer who shall thereupon proceed
against said delinquent as in other
misdemeanors; and all provisions Of
law relative to criminal procedure so
far as the same may be applicable and
not inconsistent herewith shall ex-
tend and apply to offenses committed
in violation of this act"
1T certainly cannot be possible"
continued Mr.. Harman, that all OF
the above named officials have been
their oaths of office and
duties devolving upon them by the
above law. 1t is a fact within the
common knowledge Of all that bona
tide social clubs have been furnishing
liquor for money to their members
for half a century jim our midst and
the State of Delaware
generally. Everyone is presumed to
know the law and certainly the court.
Only one inference can be drawn,
and that is that the furnishing OF
liquor by bona fide club to its men,
bers Is not sale and therefore not !
within our liquor license laws"