Seim v. State

Bartoi, C. J., delivered the opinion of the Court. The appellants were indicted in the Criminal Court of Baltimore, under the provisions of Art. 30, sec. 179 of the Code, as amended and re-enacted by the Act of 1866, ch. 66. That Act provides that “no person in this State shall sell, dispose of, barter, or if a dealer in any one or more of the articles of merchandise in this section mentioned, shall give away, on the Sabbath Day, commonly called Sunday, any tobacco, cigars, &c., &c., spirituous or fermented liquors, cordials, lager beer, wine, cider or any other goods, wares or merchandise whatsoever;” and certain penalties are prescribed for the violation of the statute. The indictment contains three counts.

The first charges the traversers with selling beer to Moses H. Springer on Sunday, the 19th day of October 1879. The second charges them with “ disposing of” beer to Moses H. Springer on the same day. The third charges them as “ licensed dealer ” with “ giving away” beer to Moses H. Springer on the same day. The third count was abandoned, it being conceded that the traversers were not, nor was the association of which they were officers, a licensed dealer.

The case was submitted to the Court upon an agreed statements of facts, and the judgment being against the traversers, they have appealed. It appears.by the statement of facts, that the indictment found “ against the traversers, was found against them, not as individuals, charging them personally with the violation of the ‘Sunday liquor law’ by selling or disposing of beer on their own account, but as officers of the corporation known as the ‘ Concordia,’ that Henry Seim is president, Louis Kraus secretary, and Andrew J. Golden-burg treasurer of the said corporation, and each is a member of the board of directors. The incorporation of the ‘ Concordia ’ under the general incorporation law of the State is admitted, and also that the corporation has duly ⁵⁶⁸ passed certain by-laws for its better government and regulation, and it was agreed that the charter, amended charter and hy-laws and the Act of 1865, ch. 23, might be read in evidence. The purposes and object of the corporation were admitted to he correctly stated in section 9 of its amended charter, as follows : The ‘ Concordia' shall he dedicated to the intellectual, moral and social improvement of its members, the refinement of their tastes, and the development of- good feeling among them.

In furtherance of these objects it shall afford them opportunities for scientific cultivation, and rational amusements, and shall place before them, as far as may be, the best models of musical and dramatic art. It was further agreed that the association is conducted for the use of its members only, to provide for ■ their rational entertainment and improvement ; that it transacts no business of any kind whatsoever for the purpose of making any profit, directly or indirectly for itself or its members, and that the income derived from the various sources hereinafter enumerated is applied solely to defraying the expenses of the corporation ; that the sources of its income are as follows: “1st. Money loaned by active members to defray the expense of building club-house, said loans being represented by certificates of ‘property stock,’ issued by the corporation. “ 2nd. Entrance fee of $10, for each new member. “3rd.

Annual fee of $30, for each member. “ 4th. Money paid by members for what refreshments and liquors they get and consume at the club-house. “5th. Such additional assessments, fines and penalties as may be from time to time imposed upon the members. “The money received from these various sources is expended in paying, 1st. the current expenses of the corporation, and if there is any balance, 2nd, the interest on the property shares as provided in by-law 24. “ With reference specifically to refreshments and liquors used and consumed in the club-house, it is agreed that ⁵⁶⁹ liquors are bought by the corporation, and kept in the club-house under the charge of the steward, an employé of the corporation ; that the members of the club and no other persons whosoever, can get what liquors they want on any day, Sunday included, from the corporation through its steward, by calling for them, and paying a price fixed by the regulations of the corporation, and that this price is fixed and paid, not for the purpose of making any profit, either directly or indirectly, but merely for the purpose of covering the outlay in the purchase thereof by the corporation, and the expense attendant upon the keeping and serving thereof at the clubhouse. It is further agreed, that at the time and place stated in the indictment, Moses PL.

Springer, who is a member of ‘ the Concordia,’ called for a glass of beer in the usual way, was served by the steward, drank it then and there, and paid five cents therefor, that being the price fixed by the corporation. “ The members are admitted to the club-house, by the use of a latch key, with which each is provided, and that they use the club-house in some measure as a home, except for lodging, and that they spend much of