Rickart v. People

Citations

• 79 Ill. 85

Syllabus

<p>1. Intoxicating liquors—jurisdiction of justices of the peace in cases for selling without license. Justices of the peace have jurisdiction in cases to recover the fine imposed for a violation of the second section of the act entitled “Dram Shops,” to provide for licensing of and against the evils arising from the sale of intoxicating liquors.</p> <p>2. Same—unlawful selling—shift or device—giving away. Any person, who has no license to sell intoxicating liquor, who gives it away in any quantity less than one gallon, or in any quantit}7 to he drank on the premises, or in any adjacent room or place, or who resorts to any other shift or device to evade the provisions of the statute, is guilty of unlawfully selling.</p> <p>3. An association was formed for the avow'ed purpose of promoting temperance, friendship, etc. They claimed to have bought the dram shop of one of their members, who -was elected their treasurer, and who continued in the possession of the dram shop, having no license, to sell intoxicating liquors. Bach member was required to pay $1, for which he received a ticket, with the numbers from 1 to SO inclusive upon it, and, upon presenting this ticket at the bar, the member received liquors or cigars, as he wished, and paid for the same by having numbers punched out of his ticket, each number representing five cents. Any person could become a member by paying $1. The treasurer received all the money, and rendered no account to the other members. He also bought all liquors and cigars: Held, that the jury were warranted in finding that this was but a device to evade the law, and that the treasurer -was guilty of unlawfully selling intoxicating liquors.</p> <p>4. In such case, if the liquors really belouged to the association, and the treasurer acted for them, then all the members would be guilty of unlawfully selling, as the liquor would be partnership stock, and the company -would have no more right to sell to the individual members, or partner, than a st