Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-01-03
WAR
UPHOLDS CLOSING
! OF BARS IN CLUBS
Decision Approves Judge Ad-
yoeate's Ruling Law Was
Violated at SChofield -

Formal disapproyal Of the sale o.
beer in clubs at Schofield Barracks
of which enlisted men are members
has been given BY the War Depart
ment in recent decision. Sumnar
ling the case the Army and Navy
Register says: -@-- T. :... H.. ~
While Gen. w. H. Carter was still
in command OF the Hawaiian Depart
ment the question was raised wheth
er certain enlisted mems clubs al
Schofield Barracks were violating the
anti-canteen Law by the dispensation
of beer Gen. Carter took the posi-
ton that the conditions prevailing
constituted a violation of the statute
In report on the circumstances
Lieut. col. w. W. Forsyth, 4th Cavalry
described six different enlisted mems
clubs in operation at Schofleld Bar
racks, and the composition and oper
atoms of one of the clubs as follows:
This camp has club feature, dis
tinct from the camp, and noncommis-
stoned officers who are not eligible fol-
membership in the camp are eligible
for membership in the club feature,
but only members of the camp can be
officials of the club. The building and
fixtures owned by the camp are used
by the club. No intoxicating liquors
except draught or keg beer have ever
been dispensed in the club. This beer
was ordered from the Honolulu Brew.
ing Company by the club steward on
authority of the club and was paid for
by the camp quartermaster monthly.
Coupon Books Were Sold. +.
1t was then dispensed to the mem.
bers by means of a 40-coupon book,
the price of which was two dollars,
each coupon calling for one glass of
beer, and the book to be paid for on
the first pay day after procuring the
book. Before about August 10, 1916,
beer was thus dispensed at a slight
profit, this profit being used to pro-
vide sandwiches Since about August
10, 1915, the beer has been dispensed
without profit" NV. *. =.
From Lieut-col. Forsyth's report 1t
appears that the methods being fol-
lowed by two more of such clubs, in
respect to the handling of beer, were
substantially the same as those in the
one club above described The Ques.
ton whether such situation amount.
ed to sales of or dealing in beer, pro.
hibited by the law, was referred to
Washington, and the secretary of war
now has approved the opinion of the
Judge advocate general as follows, re.
sulting in Instructions from the War
Department that the necessary rene
dial steps be taken:
ANY transaction by any soldiers or
other person, or corporation or associ-
alton, upon premises used for military
purposes, which involves the elements
of sale, is q clear violation of this
law. 1t is clear, think, that the
method of dispensing beer. by the said
clubs at Schofield Barracks, H. T., az
revealed in Lieut. col. Forsyth's report,
has the elements of a sale and is in
violation of said law ANY other con.
struction would defeat the plain inten.
tion of Congress, for If the transac.
tions of these clubs in intoxicating
liquors be legal. then there would be
no legal reason why all the troops in
any post might not form themselves
into one club, iprocure and dispense in
toxicating liquors therein, and, in eff.
feet, reestablish the canteen.'"