Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-21
4 MINUTE anal YSIS OF CUM
BERLAND CLUB CASE IS MADE
In the Opinion Accompanying the Decision
Handed Down in September by the Law
Court, Which Holds That Club Must Stand
Trial on Search and Seizure

ANALYSIS of the Cumberland club
case is minute in the Law Court opin-
ion that accompanies the rescript,
handed down late in September, find
ing that the Cumberland Club of Port
land has violated Section l of Chapter
% of the Revised Statutes. defining
nuisance 1t was held by the court ia
its rescript that place of resort
does not mean place to which the
public generally may resort, but in
cludes places to which resort is had
by a limited class and hence includes
a clubhouse to which members ana
their guests are admitted and who
drink liquors there, kept in lockers
which are their own property.
It was also held that while there is
no statutory prohibition of drinking
liquor nor of giving it away the quail
flying phrase lin any manner not
provided by law" could not be held to
qualify the preceding words of the
statute.
Sheriff Graham and his deputies
went to the Cumberland Club ten
months ago and made a seizure. The
lower court held the club for higher
jurisdiction and the case went to the
Law Court on an agreed statement
the State represented by County At
torney Samuel l.. Bates and the clun
by Colonel William C. Eaton. 1t was
argued in July before Chief Justice
Savage and Associate Justices Cor
nish. Haley and Hanson. The case
stands for trial according to the de-
cision.
Attorneys who have followed the
case have been much interested to
learn the process of reasoning on
which the court depended and this
opinion, in full as follows, will convey
in no uncertain terms abundant in
formation on that score:
"All places of resort where intoxi-
eating liquors are kept, sold, given
away, drank or dispensed in any man
ner not provided by law, are common
nuisances."
The defendant has been indicted for
a violation of this statute. The case
has come before the court upon an
agreed statement of facts, with stip-
ulation that If the facts therein set
forth constitute the offense charged
in the indictment, the case is to stand
for trial. otherwise the respondent
is to be discharged.
The agreed statement of facts
shows, besides other things not mate
rial. that:
The defendant is a corporation
chartered in 1878, for the purpose of
establishing clubhouse in the CITY
of Portland. and of promoting literary
and social intercourse among its
members. 1t has the power to fix and
limit the right of members in and to
the corporate property, and the man
ner in which the same shall deter
mine Since 1878 the club has owned
and maintained a clubhouse in Port
land The clubhouse at the time of
the alleged offense was a three-story
building, containing reception and
reading room, dining rooms, kitchen,
pantries. refrigerating room, card
rooms, billiard room, sleeping rooms,
etc. The club also maintained a
locker room In this room were two
sideboards and $50 lockers The
lockers were built of practically uni
form size, IL inches high, IL inches
wide, and IS inches deep. These
lockers were not rented, but, except
ing those which were empty and I'M
used, each of these lockers had been
purchased and were owned by an in
dividual member of the club, and
would remain his property so long as
he continued a member. Each locker
was fitted with a lock and key. and
no two keys were interchangeable, nor
was there any master key nor any
bxytv
of the key of the owner. The two
sideboards were equipped with glass
es and mixing utensils. In the CEN
ter of the room was a large circular
table, and the room was otherwis,
furnished with several small tables