Shideler v. Tribe of Sioux
| Decision Date | 15 February 1913 |
| Citation | 139 N.W. 897,158 Iowa 417 |
| Parties | G. W. SHIDELER, Appellant, v. TRIBE OF THE SIOUX, et al., Appellees |
| Court | Iowa Supreme Court |
Appeal from Woodbury District Court.--HON. WILLIAM HUTCHINSON Judge.
ACTION for injunction. Plaintiff's petition was dismissed and the injunction denied. Plaintiff appeals.--Reversed as to some defendants; Affirmed as to others.
Decree reversed in part, and affirmed in part. Cause remanded.
John F Joseph, for appellants.
Henderson & Fribourg, for appellees.
The members of the defendant association are good Indians, representative young business men of Sioux City, incorporated for a proper purpose, to wit, to advance the business interests of their home city. The evidence is undisputed, and the question is whether, under the facts, they have violated section 2404 and other provisions of the Code in dispensing and distributing intoxicating liquor to their members and visiting guests.
The facts, as shown by the record, are, as testified to by the secretary of the organization, who was called as a witness for plaintiff: That the defendant Tribe of the Sioux is an auxiliary of the Commercial Club, a boosters' organization, as he calls it, for Sioux City. That it is incorporated, with a president, treasurer, secretary, and a board of directors. That it is not strictly a secret organization, but there is a form of initiation for the entertainment of out of town business and professional men, when guests of the organization. The meetings were held for the entertainment of such guests, who came upon invitation. That the association has no other purpose but promoting trade in the surrounding territory. It has no clubrooms of any kind, nor any office. It does not own any meeting place. There are between eleven and twelve hundred members, who pay a fee of $ 5. During the summer and fall of 1911, soon before the commencement of this suit, it held four meetings. These meetings are called "powwows." There is a degree team for putting on what they call dramatic work. Dr. Garver is one of the committee to whom was referred the question of revising a ritual, and he had charge of the so-called ritualistic work in the degree team. The first meeting was in August, at which time the editors of northeastern Nebraska, northwestern Iowa and southeastern Dakota were its guests. The meeting was held at the Auditorium. Following the meeting a lunch was served on Seventh street alongside of the Auditorium. A six or seven foot canvas wall was thrown about that portion of the street during the time the luncheon was served. A place about one hundred and fifty by sixty feet was shut off to the members of this organization and its guests. Refreshments were served, consisting of several hundred pint bottles of beer, coffee, ginger ale, etc. The luncheon was served on Seventh street by the entertainment committee of the Tribe of the Sioux. Later two such meetings were held during fair week, when practically the same condition existed as to the serving of a Dutch lunch. Beer, ginger ale, and other drinks were served on the different occasions. Any of the guests or members who desired beer could take it. The leading wholesale houses and manufacturers of Sioux City had abolished the idea of giving trade excursions, as they had done in former years, and devoted the money to the entertainment of these fair week guests, with the aid of the Tribe of the Sioux. There was another such meeting held later, and under the same conditions. Upon these occasions the association rented the Auditorium, when it held its ceremonial entertainments. It has no meeting place at this time; nor has it ever had for any purpose. It has no headquarters, except by the courtesy of the board of directors of the Commercial Club, which has allowed the secretary's headquarters to be there. It was never the object or intention of the Tribe, nor any of its officers, that intoxicating liquors should be kept, used, or dispensed by the organization; and it never has been, except as here detailed. The members and officers never associated themselves for the purpose of having a clubroom or place where liquors could be used, kept, sold, or dispensed at any time. The Tribe has no understanding or arrangement among themselves, or anybody, for the purpose of in any manner, directly or indirectly, evading or violating any of the laws relative to intoxicating liquors. On the occasions when the meetings were held, about 4,000 business men from the surrounding country attended. They were served with luncheon in the street. The beer used was purchased by the Tribe, and was paid for subsequently by the organization. It was delivered on Seventh street. No beer was delivered in the Auditorium, but men were stationed in the door for the purpose of keeping any one from carrying beer into the building. No beer went into the building. No beer or liquor has ever been sold, directly or indirectly, by the association or any of its officers; and they never dispensed or gave it away, except as described herein. The beer used at the meeting was bought immediately before the meeting began, and what was left was immediately carted back to the wholesaler from whom it was bought. The association was incorporated under the statute governing incorporations not for pecuniary profit, but was organized for business and social purposes. There were two reasons for holding the meetings in the street: One was so as not to embarrass the Auditorium Company, and the other was because it was too warm in the building. A committee had charge of the entertainments. Practically all the street and sidewalk on Seventh street along the Auditorium was securely fenced from the public, and men placed at the doors to see that none got in who had no right to be there, especially young men, minors, and boys. That part of the street so fenced off was lighted overhead with several hundred lights.
The witness also testified that he did not know whether the Tribe of the Sioux would have any more meetings or not, but that he presumed they would, and that he could not answer as to whether they would serve beer if the occasion should arise, and that the Tribe of the Sioux would have to change its methods, if it found it was not doing right. Says he took part in the functions; does not know whether the city gave its permission to use the street; that no violation of the law was intended, and they feel perfectly within their rights.
The foregoing is all the evidence introduced on the trial, and substantially as the witness gave it, as to the purposes of the organization, the manner of conducting their entertainments, and the conditions.
Every person who shall, directly or indirectly, keep or maintain, by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining, any clubroom, or other place in which intoxicating liquors are received or kept for the purpose of use, gift, barter or sale, or for distribution or division among the members of any club or association by any means whatever, and every person who shall use, barter, sell or give away, or assist or abet another in bartering, selling or giving away, any intoxicating liquors so received or kept, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months.
Some of the questions in this case are ruled by the decisions of this court in State v. Johns, 140 Iowa 125, 118 N.W. 295, and Sawyer v. Frank, 152 Iowa 341, 131 N.W. 761. In these cases it was held that a person violating section 2404 is liable under sections 2382, 2384, and 2405 of the Code; and that the words "dispensing" and "distributing" are synonymous.
The defendants contend that under the facts shown there is no violation of law; that the defendant association is not a club; that it was not organized or maintained for the purpose of selling or distributing liquor; that no clubroom or place was kept, used, or maintained for the illegal use or distribution of liquors among its members; that the transaction in question differed in no way from the entertainment of guests by an individual at his private home; that it is not an offense for one to keep or purchase liquor for his own use and the use and entertainment of his guests; that what defendants did was not a subterfuge to evade the law; and that they acted in good faith in the matter.
It may be the impression that section 2404 refers only to a clubroom. To be sure, it does cover a clubroom; but we think it is broader. It provides that "every person who shall directly or indirectly, keep or maintain, by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining, any clubroom, or other place in which intoxicating liquors are received or kept for the purpose of use, . . or for distribution, or...
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