Tinney

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