People v. Tinney

SHAW, J.

Defendants, alleged to be acting as agents of the Loyal Order of Moose in the city of Calexico, were con

[812]

victed of the violation of section 14 of what is known as the “Wyllie Local Option Act,” which provides that “it shall be unlawful for any person, corporation, firm, company, association or club, within any no-lieense territory to keep, conduct or establish, as principal or agent, any place where alcoholic liquors are sold, served or distributed, or are kept for the purpose of sale or distribution, except as provided in section 16 hereof, ...” It appears without contradiction from the evidence that in the city of Calexico, which was “no-lieense territory, ’ ’ there existed a lodge of a fraternal order known as Loyal Order of Moose No. 1623 which, for the use of its members, maintained in the rooms of a building separate from the meeting place of the lodge certain elubrooms, which were in the immediate charge of what was known as a house committee of which Tinney, the dictator of the lodge, was chairman, and wherein McCombs was employed as custodian or steward. In the rear of one of the rooms there was kept a long counter or bar, back of which was another bar upon which, on the night defendants were arrested, were numerous open bottles of liquor of various kinds, and hanging from the bar a government liquor license issued to the lodge. In the rooms at the time were found some seven barrels of whisky, wine, and beer. The evidence further 'conclusively shows that it was the practice for members desiring liquor to notify McCombs, who would order the same from some wholesale liquor house, which shipped it to the lodge, making a charge therefor, not against the member for whom it is claimed it was purchased, but against the lodge, which paid the seller therefor. Having thus purchased the liquor it was, upon delivery to the lodge at these elubrooms, distributed and served to the members, according to the kind and quantity ordered, and from whom payment therefor was collected by the lodge in accordance with statements rendered therefor. As desired, the beverage so acquired by a member, and which he kept either in a locker used in common with other .members, or placed indiscriminately with that of others in a refrigerator for cooling, was served to him by McCombs, who, as custodian of the rooms, was paid a salary for his services by the lodge.