Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-09-20


county and city license
"There are but two licenses required
for the retail sale OF liquor, one pre-
scribed by the statute OF the state
which ia issued by the county OFFICERS
and the other. the license required UNI
der city ordinances.
Answer l. Difficult
eThe answer TO your general ques-
ton is somewhat difficult. l have no
hesitation in saying that II q cluu j.
organized for the purpose OF uispeh-
sing iiouors To its sO-ealled members,
n must he regarded merely as an at
Tempt to evade the law with fesard 70
licenses and that It's proceedings In
THAT direction would be unlawful IN
the absence of compliance with the
statutes and ordinances requiring IL
lcenses. | have had occasion recently
Ito state something OF this KIND with
reference To attempts in places when
had been voted dry" by the people
TO establish clubs practically for no
lother purpose than the dispensing or
lllauor to members. ! have no DOUBT
that in such cases any person can he
come member and there Is no way
by which such proceedings can be JUS
tilted.
As to clubs not organized prlmarl-
Inv and principally for the liquor busi-
mess. but which do dispense to their
members alcoholic liquors as some
thing incidental TO the main purposes
90 the club, there Is considerable du-
ference Ct authorities in the ad1udi-
Gated masses in different parts OF the
lcountry. and the most recent text
book on the subject of the law OF IN
ltoxicating liquors, the authorities OF
(which are Woollen & Thornton, az
leection 7a2. states that the greater
member of cases hold that social IN
lcorporated clubs are not required TO
lhave a licenee in order to sell 10 their
members. and quotes at considerable
length as leading case on the sub
jeet from the ease of People VS.. Adolf
lphi club, I4s n. " 5. a part Of that
lquotaticn. which will be instructive, Is
JOS follows:
The club was Incorporated rs a
lsocal club. to establish and maintain a
library reading and assembly rooms,
land to promote social intercourse
Iamonq its members 1t was managed
Iby board of trustees with mem
lbership limited 70 one hundred ana
fifty persons OF full age and residents
ltf the city Of Albany. A person eoulo
lbe admitted as a member only when
lpfeposed by some member To whom
Ihe was personally known. and upon
1.-The recommendation OF the board OF
trustees. and by an election by inc
members at regular meeting OF lhe
club by two-thirds vote. There ar
Initiation fees and annual dues Of
jmore than nominal amount. Inc
cluL maintained a club house IN AZ
lbany. In which were parlors, a bal
: room, dining room, Kitchen, iinrary
: card rooms, billiard, pool and store
rooms. with apartments for the JAM
ltor. Meals. cigars and liquors were
iserved to members of the club upon
! their written orders at price fixed
Therefor by the house committee
: which was charged TO the member
I who paid therefor monthly The
! money so paid in by the members. To-
; lgether with the annual dues, was uset
| I'm defraying the general expenses o.
1.-THE club. its library, reading rooms
servants, lights and fuel, and in Keep
ling up its stock of provisions, cigars
land liquors Its business was con
lcucted solely for the entertainment
flnnd recreation OF its members. ant
,lnot for the purpose of deriving prof.
: beyond the defraying of its expenses.
As to Club Methods.
Some other facts as to the methods
: lof the club were set cut which are no
: material TO our present discussion. ant
: 1.-The court held that the club was no
. liable for having sold liquor Illegally
e land that II did not require license
4 land that the statute did not authorize
e 1.-The issuance of license to such
n lclub and a further quotation Is mad
: from the opinion OF the court which 7
as Follows.
+'As we have seen, the defendan
is a social cuh organized under III,
z statutc for legitimate purpose. q
n which the furnishing OF liquors to u
Y members Ia merely incidental and !
y mot unlike the supplying of dinners .
n articles which the members may de
lsIre for his own comfort and enter
Itainment. Aud while the proport
land supplies are technically owned y
1.-THE club. each member Is. in equity
Ian equal owner IN common II va
mot organized for the purpose Of en-
tagging in a business for profit. or 70
I the traffic In liQliors IL engages /
mo business other Than that vhic'
Il lpertains to The maintenance OF lis u
] Ibrary. reading rooms and tho social IN
itprcourse and comfort or its member
Liquors, as we'll AS other supplies, ar
distributed 90 Us members upon N
written order Of the member at
= lprice fixed By the officers Of th
lclub designed 60 cover The pufckaS
lprico and disbursement In xervsnl
Those orders pass 10 the steward 4
treasurer OF the club and ARE charge
lagainst the member WIN settl'
Therefor monthly. We think that IN
N transaction with stark Md not amour
4. Ito a sale within the meaning Of "a
n statute. II was hut slistfihutio