State v. Rose Hill Pastime Athletic Club

• Decision Date: 27 November 1906
• Citation: 121 Mo. App. 81,97 S.W. 978
• Parties: STATE ex inf. HADLEY v. ROSE HILL PASTIME ATHLETIC CLUB.
• Court: Missouri Court of Appeals

97 S.W. 978

121 Mo. App. 81

STATE ex inf. HADLEY v. ROSE HILL PASTIME ATHLETIC CLUB.

St. Louis Court of Appeals. Missouri.

November 27, 1906.

Rehearing Denied December 11, 1906.

CORPORATIONS — DISSOLUTION — VIOLATING DRAMSHOP ACT.

Evidence, in a proceeding for dissolution of and forfeiture of the charter of a corporation chartered for athletic purposes, held to show that it was being used as a scheme for the evasion of the dramshop act.

Proceedings by the state, on the information of Herbert S. Hadley, against the Rose Hill Pastime Athletic Club. Defendant dissolved.

George L. Edwards, Edward D'Arcy, and A. B. Chandler, for informant. Zach. J. Mitchell, for respondent.

BLAND, P. J.

Information in the nature of a quo warranto, filed by the Attorney General for dissolution of defendant corporation and the forfeiture of its charter. After stating preliminary matter, the information alleges: "That in and by said articles of agreement the object and purpose of said corporation are stated to be: `To promote the physical development of its members, to educate and train them in athletics, field sports and gymnastics, such as baseball, football, golf, tennis, running, jumping, lifting, throwing, wrestling, turning and bowling, to engage in and take part in athletic contests, to give exhibitions of any of the abovenamed games and sports, and to obtain by renting, leasing, or privilege, suitable grounds, clubhouse, quarters and gymnasium, to encourage the social intercourse of its members, and for that purpose to fit up clubrooms and reading rooms.' That thereafter, and, to wit, on the ____ day of January, 1902, the said Rosehill Pastime Athletic Club, in violation of the law of the state of Missouri and its charter, and in fraud of the said laws of the state of Missouri, and its said charter, did unlawfully misuse its franchises as follows: That said corporation, by and through its servants, agents and employés, did secure and take possession of a certain building in the city of Kirkwood and state of Missouri, located on the north side of Main street, in said city, and between Webster avenue and Clay avenue, parallel streets intersecting said Main street, in said city of Kirkwood; and, having so obtained possession of said building, did fit up the same as a barroom and grogshop, with a bar, tables, glasses, and other ordinary devices and paraphernalia for conduct of a barroom and dramshop, and did purchase, keep on hand and supply the said room with a supply of whisky, beer, wines, tobacco, and has ever since said last-mentioned date kept and maintained the said barroom and dramshop, together with a supply of said liquors, and did keep and since said date has, continuously, kept and maintained at said room a barroom or dramshop for the sale of such liquors, and has continuously since said date sold, delivered and given away to divers persons in said room and at said city of Kirkwood, beer, whisky, wines, and other intoxicating liquors such as is usually sold in an ordinary dramshop or barroom, and did, from day to day, continuously since said date, sell said wines, whisky, beer and liquors, both to members and nonmembers of the said corporation. That at all the said dates and times aforementioned the provisions of the local option law (article 3, c. 22, Rev. St. Missouri, 1899) were in force and effect in the said city of Kirkwood. Your informant further states that by reason of the premises said corporation has usurped and assumed to exercise rights, privileges and franchises not conferred upon it by its charter; that it has violated the laws of this state and has thereby become liable to forfeit its charter." The answer put at issue all the incriminating allegations of the petition.

The purposes for which the club was formed are correctly set forth in the information. The issue to be decided is whether the club, chartered for a lawful purpose, is being used as a mere scheme to sell intoxicating liquors in defiance of law. The evidence taken by the commissioner and certified to us shows that William Soehngen, a saloon keeper of 20 years' experience, was appointed manager or steward of the club, with power to purchase and sell intoxicating liquors to the members, and has been continued in the office of steward from the organization of the club up to the present time, at a salary of $60 per month. The evidence also shows that the first building occupied by the club was Soehngen's in which he had conducted a saloon, but closed,...