Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-02-25
AN OLD LAWSUIT
ON LIQUOR IN CLUBS
Pennypacler Decision Reversed.
Criticism in Rhyme-Auto-
biographies Compared

TO ne Editor Of the Eve;:iag Public Ledger;
Sir-There was one court event in the
history of Ex-Governor Pennypac cker, n very
important one at the time, that has rot APP
peared in his autobiography. but which has
been recalled bv reason OF the outbrcal< k
between Joseph Pennell, the artist and the
Art Club caused by the artist taking eX-
ception to British officers being served with
wines while American officers were refused
The matter referred 10 as occurring while
Mr. Pennypacker was on the bench ir, our
Court of Common Pleas was in connection
with the serving Cor selling) of liquor in q
club, and was the first case coming up under
the new license law. II was in the fall of
1883. An cX-saloorkeeper living near Twenty
second and Ellsworth street. who had been
refused q license by the first License Court,
which met III the spring Of 1883, was ar
rested by the Law and Order Society agents
for selling liquor Illegally. In other words,
lie was charged with keeping a speakeasy.
When the case came up in court the de-
fendant and witnesses il. his favor testified
that he was the steward Of a club, Il literary
club. the membership dues being twenty
five cents a month. After hearing the tes-
timony the jury convicted the man, and then
Judge Pennypacker proceeded to deliver the
sentence. If remember correctly. the Judge
handed dowI. written decision lie said
that it made no difference whether the dues
of the club were twenty-five cents or So n
month. The principle is the same in both
cases. IL contravenes the State license law"
This decision of the Judge on the subject
of club dues and liquor selling was quickly
seen 10 include all clubs where LIQUOR was
sold. and on the day that the decision an
peared in the morning papers the reporters.
particularly of the Public Ledger got busy
interviewing the presidents of the Art Club,
the Union League, the Catholic Club, the
ltittenhouse Club and other leading clubs
These gentlemen were all inexpressibly
shocked and each ono declared that Judge
Pennypacker could not have meant the par
ticular club over which he presided II
was shocking, the idea that their arstocratic
clubs should be considered on a plane with
Patrick TierneyNs Club downtown. whosa
literary gems included, as testified TO- the
Police Gazette and the Philadelphia Eve
ming Item
The opinions OF those club presidents we're
recorded In the Public Ledger the next day
but these printed negatiors were nor con-
sidered conclusive. They were not authorita-
tive. A court Of record had classed them
with the associations of n low-down club
ard only court of record would clear their
club escutcheons of the stain.
The Supreme Court of Pennsylvania was
then In session and the matter was hastiIv
carried to that tribunal to have Judge Penrv-
packers dictum set aside. Judge Edward g
PaXson, then Chief Justice, saw the dilemma
of the Art Club people and came to their
rescue. In a learned opinion" he reveraed
Judge Pennypacker on the matter of club
principle" and the result was that the down
town man did his bit for a term and the
dilettanti clubs were stablished ir their
social standing and remained so until joseph
Pennell cast severe personal reflections on the
Art Clubs differentiation between American
and English officers.
1t can also be recalled that when Judge
Paxson came SO quickly to the rescue of the
dilettanti he severely reflected upon the Pro-
hibitionists for their attitude toward the new
license law
JAMES f. DALEY.
Philadelphia, February "a.
TEx-Governor Pennypacker discussed This
case ia chapter TX of his autobriography. Ha
puts 1t in 1s91.--Edltor Of the EVENING Prs-
Lie LEpoER,1