121 Mo. App. 364 | Mo. Ct. App. | 1906
This is an original proceeding. At the suit of the AttorneyJGeneral a writ of quo warranto was awarded against the Meramec Rod and Gun Club, citing it to show cause why its charter should not be revoked for misuser of its franchises in that it is alleged to be engaged in the business of selling liquor in violation of the local option law and to that end, maintains a resort in the nature of a bar-room and grog shop in the city of Kirkwood. The respondent appeared and answered. A commissioner was appointed by the court to take testimony. The proof made before the commissioner discloses the following facts.
One John F. O’Laughlin was, for about three years prior to the adoption of the local option law in the city of Kirkwood, engaged in the saloon business in that city. His dramshop license expired December 22, 1903. The local option law having been adopted after the issue and just prior to the expiration of his said license, it Avas, of course, impossible for him to obtain a further license to conduct his said business. His saloon had
“To promote the physical development of its members, to educate and train them in athletics, field sports, and gymnastics, such as baseball, football, running, jumping, lifting, throwing, wrestling, bowling, vaulting, hunting and fishing, and to engage in and take part in athletic contests, and make public exhibition of any of the above named gymnastics and field sports, and to obtain by written lease or privilege suitable grounds for a club house and gymnasium, and to engage in social intercourse with its members.”
The records of the club of date February 2, 1904, disclose that the club’s charter had been secured and
The club house, as stated, was the building formerly occupied by O’Laughlin as a saloon. It consisted of some two or three rooms downstairs and four or five rooms upstairs. The principal room on the ground floor is furnished with a pool table, chairs, tables, punching-bag, boxing-gloves, etc., and a small room is partitioned off in a corner of this room in which is kept the “icebox,” “glasses ” etc., as well as divers and sundry bottles of whiskey, beer, soda-pop and other liquid refreshments and cigars. It is fitted up with what they denominate in the evidence as a back bar in the nature of a shelf on the wall, on which glasses, etc., are kept. Cheese, crackers, oysters and other edibles for lunches are also kept in store in this- small room, and since this action was instituted a more extensive restaurant has
From beneath the cover of all this carefully planned display of bona fides contained in the club’s record books, and the guiding genius of the master-hand of O’Laughlin, there appears here and there throughout the entire case the miserable makeshift of a club, organized under the provisions of the Constitution and the statutes with respect to benevolent, religious,' scientific and educational associations, for the mere purpose of evading the local option law and rendering to O’Laughlin a neat recompense by dispensing liquors in and paying the rent of, the building for Avhich he was obligated by lease several years in advance, and also paying to him a salary of $75 per month, first, as steward, and after-wards as secretary and treasurer. Even though, for the first six months, the secretary of the club Avas another, and O’Laughlin was steward only, Ave find every entry of the record pertaining to the corporate acts of the institution to be in the handAvriting of O’Laughlin, signed by the regular secretary and president, hoAvever. It is manifest that these records are carefully planned and Avell kept by him. Indeed, these records are as the voice of Jacob, but upon their being examined under the rays of the evidence before us, there is discovered therein the hand of Esau. Because of the carefully laid plans of the master-spirit of the club, industrious counsel representing the Attorney-General have encountered many difficulties in presenting the true facts to the court. All of the testimony elicited was from members of the club-O’Laughlin himself was placed upon the stand by the relator and from him it was ascertained, among other things, that the club had no bank account. All of the moneys taken in were deposited in the bank and checked
“Base Ball,...... No Team; none
Foot Ball,....... No Team; none
Running,........ none
Jumping, ........ none
Lifting,......... The ‘lid’ only
Throwing,....... none
Wrestling, ...... none
Bowling,........ No Alley; none
Vaulting,....... none
Hunting,........ none
Fishing, ...... . .Individually only
Contests,........ none
Public Exhibitions, none”
We find the fact to be that the club here involved is of the class last mentioned, a mere device or sham, a scheme organized and conducted for the purpose of evading the local option law, adopted by the people of Kirk-wood, wherefore it is ordered and adjudged by the court that the respondent, Meramec Rod and Gun Club, a corporation, be and the same is hereby dissolved; that its said charter and the franchises therein granted be and the same are hereby declared forfeited for misuser and the same are revoked and recalled and to be in