Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1914-06-11
JUDGES in STATE COURT
CLAMP The Lid DOWN ON
LIQUOR SALES BY CLUBS
Decision handed Down by judges WOOIIey and
Rice Against The Delaware Saengerbund 10
TEST OF Their Right TO Dispense to Membcrg
al Summer Home al Grubb'S Landing
UNDECIDED AS TO APPEAL
AFTER VERDICT OF GUILTY.

Sale Of liquor BY clubs to members
is unlawful, according TO a decision
Of great importance handed down in
the Court OF General Sessions this
morning by Judges Victor y. Woolley
and Herbert Rice. The decision was
given in the Delaware Saengerbund
case, TO test the right of clubs to sell
liquor to members. decision Of the
Court Of General Sessions being de-
sired As the decision Is against
the defendant, Il practically ends the
hopes OF clubs for the right to sell
or dispense liquor TO their members.
In their lengthy decision the
court held that the sale OF liquor by
any club, bona tide or otherwise. Is
illegal. and cannot be tolerated un-
der the present law
A similar decision was handed
down by Judge Philip @. Churchman
in the Municipal Court several
months ago, his decision AZ that time
closing the bars and side-boards of
many clubs throughout the city.
The decision handed down by the
Court Of General Sessions this morn
Ing reaches the same conclusions as
those OF Judge Churchman. made in
the East End Democratic Club case.
The Saengerbund case was not ap-
pealed from Judge Churchman's de-
cision. but an entirely new case, 10
get decision as 10 the right of the
sale of liquor by clubs to members
In the state courts
Robert G.. Harman and Robert II.
Richards represented the Delaware
Saengerbund and Attorney-General
Wolcott represented the state in the
argument which was on an agreed
statement OF facts to expedite the de-
cision
A special jury was drawn in the
court this morning to render d ver-
dict against the defendant, the deci-
sion OF the court being III the form
OF a charge to the jury instructine
them to render their verdict against
the defendant The case grew ont
OF the sale Of liquor by the Soenger
buud tu ats members at theif summer
home al Grubb's Landing, the Saen
gerbund being anxious TO get a courl
decision as 70 their rights. their
sumer home being outside the city
and therefore outside the jurisdiction
OF the City Court and Of Judge
Churchman's decision which could
amply only to clubs within the city.
Samuel A. Derrlckson. foreman Of
the Jury. announced the decision Of
guilty" at II o'clock. after which Mr..
Hartman. who was In the court filed
an exception to the verdict
Mr. Harman later stated that he
could not say at this time whether he
viii take the case to the supreme
Court, as he wishes to first confer
with Mr.. Richards, who went with the
delegation to Washington this morn
ing to urge Judge Woolley's appoint
ment TO the United States Circuit
Court OF Appeals 10 succeed Judge
George Gray. The exception holds up
the sentence OF the court in the case.
Judges Woolley and Rice read a
clear-cut opinion in the Saengerbund
case, and cite numerous authorities
showing the great research and study
they had given the question. TT cir
opinion covers - typewriter pages.
lhe ilfhl part OF ~ QuoNtN thc ablct-
ment Of facts, and Judge WOolley,
who read the opinion. continued:
"Gnslemer Of the Jury: -Th acts
for which the defendant has been in
dicted and the facts upon which this
case is submitted to YOU for your
determination, have been admitted
and agreed to by the State and by the
defendant. IN the case as stated and
read In your hearing, thereby dis
pensing with the necessity OF formal
proofs Under this agreed state AZ