The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-07-06
Sustains Motion to Quash
Information in the Hill
lizard Case.
FACTS SET FORTH
PROVE NO OFFENSE
Decision Settles Point in
Dispute Relative to Con-
duct of Service Clubs.

Upon the ground that "the facts
set forth in the information do NOT
legally charge an offense under the
! laws of Florida, and for that rea-
son only" Judge c. Moreno Jones.
of the couTS of record. sustained the
motion to quash the information
which had been filed against Joe
billiard, charged with violating the
/ law covering the regulation of SER
vice clubs. This decision. rendered
Yesterday by Judge Jones, automatic
! ally releases the defendant named
from all charges, and settles a point
much in dispute relative to the opera
ton of the service clubs.
The case against Mr.. Hiliald was
| made Monday. 1t was understood
/ that it was arranged that this defen-
! dant be charged with such an act, and
not with selling liquor without a Ii
cense as previously reported with a
view to having the court pass upon
the question. Previous to that, how
ever, the county solicitor rendered an
opinion at the sheriff's request, and
the encouragement also rendered an
opinion on the same question, both
( opinions being different and diane
! triCally opposed, so far as construcv
! ton of statute was concerned, to one
another. Attorney-Genera Thos. F.
{ West suggested to the Sheriff that
/ the question be brought up for action
/ by the court and the arrest Of the
party named herein was affected.
The decision in full is as follows:
Decision of Judge jones.
State of Florida VS.. Joe Hiliard:
/ The defendant, Joe billiard, is in
/ Foy-r,soJ -
! information which alleges as follows:
l. That Joe Hilliard, late of the
county of Escambia, in the state
aforesaid, on the second day Of July,
! 1917, at and in the county Of Escam-
| bia aforesaid; did then and there
! serve Intoxicating liquor in quantity
of less than one-half pint to a per-
! son to whom the said Intoxicating
| liquor then and there belonged, and
who had stored the said intoxicating
! liquor with the said Joe billiard, and
/ then and there made a service charge
| for storing and serving said liquor.
2 And your informant aforesaid,
prosecuting as aforesaid, upon oath,
! further information makes that Joe
! Hilliard, late of the county of Es~
Gambia, in the state aforesaid, on the
! second day of July, 1917, at and in
| the county of Escambia aforesaid, did
/ then and there serve intoxicating.
liquor in an unsealed receptacle, to-
wit: a glass, in quantity of less than
one-half pint, to a person to whom
! the said Intoxicating liquor then and
| there belonged, and who had stored
| the said intoxicating liquor with the
said Joe billiard, and then and there
made a service charge for storing and
serving said liquor.
3. And your informant aforesaid,
/ prosecuting as aforesaid, upon oath,
! further information makes that Joe
/ billiard, late of the county of Es-
! Gambia, in the state aforesaid, on the
! second day of July, 1917, at and n
! the county Of Escambia aforesaid did
! then and there serve intoxicating
| liquor to a person to whom the said
/ intoxicating liquor then and there be
! long, and who had stored the said
/ intoxicating liquor with the said Joe
/ billiard, and then and there made a
/ service charge for storing and serv-
! ing said liquor and did then and
/ there suffer and permit said person
! to drink and consume said jntox.cat-
/ mig liquor on the premises whore the
/ said intoxicating liquor was stored
! and served as aforesaid.
Demurrer Sustained
To this information the defendant,
! Joe billiard, interposed "a demurrer
on several grounds, unnecessary to
mention, as a consideration Of the
first ground of said demurrer is suf-
ficient to dispose Of the question pre-
scented, without considering the other
grounds, namely, whether the infor-
nation charges any offense under
any of the statutes Of the state Of
! Florida"
The statute under which the .nfor-
nation is drawn is as follows:
"An act relating to the sale, ser
vice or dispensing of Intoxicating
| liquors. wines or beer by clubs or
other association Of persons. whether
incorporated or not incorporated.
Be it enacted by the legislature Of
| the state of Florida.
Section 1. That no club or other
associations or persons, whether in
| corporated or not incorporated, for
| profit or not for profit, shall sell,
| serve or otherwise dispense any in