Evening journal., 1914-05-12
STATE Attacks
CLUB LIQUOR sale
AttOrney-General WOlcOtt
Contends Saengerbund Did
Unlawful Business
MR.. HARTMAN TO
DEFEND THE SOCIETY

Todav's session of the Court OF
General Sessions was devoted entire
ly to hearing argument by counsel IN
the case stated of the Delaware Saen-
gerbund. Incorporated, indicted at
the January term of court on the
charge of selling intoxicating liquor
without a license to one of its mem-
bers.
The states side was argued by At
torney General Josiah o. Wolcott,
who had prepared a brief covering 81
typewritten pages. quoting from
many authorities in like cases, whlle
former city Solicitor Robert G. Har-
man and former Attorney General
Robert H. Richards argued for the
club.
When a similar case was brought
in Municipal Court a year ago, Judge
Churchman held that the sale OF
liquor by clubs to their members IS
unlawful.
Attorney General Wolcott, in his
argument before the court today
stated that the defendant is duly in
corporated club; that on October %,
1913, through it's agent it sol1 to one
John H. Litz, certain intoxicating
LIQUOR; that it Is possessed of consid-
cradle property, both real and per-
sonal; that it's members are privi-
legged to obtain intoxicating liquors
from it upon the payment of the
charge fixed therefor by the club; /;
that It has no license for the sale of
intoxicating liquors issued to It by
the State of Delaware; that it does
possess an internal revenue license
as a retail liquor dealer issued to it
by the United States; that the pur-
chase price of liquors exceeds the
cost thereof, and the proceeds from
the sale of liquors are placed in the
general funds of the club and are
not segregated into a fund main
tanned in order to replenish its stock
of liquors; and that the club has
never distributed any of its money as
dividends.
Mr.. Wolcott quoted the act regllat-
ing the sale of intoxicating liquors,
which was passed March 25, 1873, show
ing that the sale of liquor without a
license is a misdemeanor. "Ghe act CON
templates the creating of a special class
Of persons who might be allowed to sell
Intoxicating liquors" said the attorney
general, that class OF persons being
those who obtain one of the licenses
provided for by the act As to all other
persons the act is prohibitory. The de
iendant in this case is a corporation.
It is a person within the meaning of
the act. We submit it is such person.
1T is to be noted that the thing for
hidden by the said act" continued Mr..
Wolcott. sis the sale of Intoxicating
hauor. not the business of selling or
the engaging in selling, or the conduct
ing of dram shop, or the retailing as
4 provided in many of the statutes. Our
statute is that no person shall sell
except licensed dealers, and as to all
persons other than licensed dealers the
policy of the law is prohibitory in the
most sweeping sense of the word. The
fact that the statute IS directed against
the sale is fact of significance to be
horne in mind in considering the cases
dealing with the question. This was
particularly noted 0y Judge Mcpherson
n, United States vs.. Alexis Club. when
the question arose as to whether or not
such a club as the defendant had ef'
gected sale of liquor contrary to the