Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-10-20

IMPORTANT DEcIsioN.-At the session of
the Court in Sussex county, Chief Justice Gil
pin made the following important decision.
Chief Justice Gilpin: The purpose Of this act
is to regulate aud not to entirely prohibit the
sale OF intoxicating liquors. 1t recognizes the
expediency ana propriety if not the necessity
of the traffic under certain limitations and re-
slrictions, and on certain specified conditions
contained i'll tle act. Among the latter is the
requirement. that an applicant for tavern H.
ceuse shall produce the certificate of twelve
substantial freeholders of lls district that he is
aproper and suitable person, that tavern is
necessary at the point designated to accolnmo-
date the public, NC. Looking only at The letter
Of the law, 1t might bear the Interpretation in
sisted upon by the Attorney General, but We
must search for the scope and meaning nfthe
language, and apply TO it a fair and reasonable
construction. lie evil Intended 10 be RENE
died was doubtless the prevalence of intem-
peranee, which was SUPPOSED 10 be in a large
degree the result of lie SAFE OF liquor ly he
multiplication q taseTuS anu restaurants under
the former law, which allowed any and all per-
SONS to obtain IA license 10 keep such an estab
lshmeht ON the prepa, mcrt Of fee to the
Clerk VI the Peace ami I'll" recommendation of
twenty-iour fIeelGlders Of he Hundred in
which the applicant .estl-d. THIS was thought
to be too general III IS terms, and tie law un-
der consideration w4j pi7s1U u OF dau a more
restrictive system AID - &c Ter il more difficult
10 procure Iicelse. / hr clerk 81 the reaoe
could exercise no di,vrrtA.I. II the forms OF
the law were compiled viz, y WAS his duty
10 issue the liceuse and he .0..I Tot wtLO!.
IT. by the present act tbs Coui. is Invested
with the power Of granting oI I,ftsily u license,
although tie forms Of the iaw ii all respects
may have been observed, but tic discretion
used by the Court should be = legal and indi
ciuus, not al arbitrary one. Tho words sub
sianLial fieeholsers u the dis ric," may bear
several construc. ions, JEey nay be held to
mean; Is', that the iiste:s must be residents 0.
duu owners oil. tte'hu' = II" ii the district ;
I'd, o PRESIDENT uW oIs of lauu IA tie dist,i,t
Oh, 81, r n .lanis # tho dlsisjos and vwuvIs OF
freehold elsewhere. Nchave, after due con.
sideratiUi, adopted tic last as the fair and rea.
sonabe construction, ard which, rom analogy
10 and comparison with similar phraseoogy il
III the otatutes, - believe to bc the true mean
ing Of the words. 1t could not have been In.
tended that freehold interest Ia the distric
without residence Wuuid be sufficient, for thai
n effect would make the land Of more inpor.
lance than the citizen, aud submit o the de-
termination OF nou-resideuts u question mos
directly and seriously affecting the domestic
concerns and welfare Of each member of the
resident community. To adopt such mean.
ing would be TO permit tie owner Of Fl eeholu
In the district, although lie might be a resident
OF London or Paris, to take part In the deci-
sion Of a purely local question. On the con-
tfary, we think by Substantial freeholders OF
the district are designated the class and de-
scriplioa of persons by whom the certificate
must be signed, TO wit, residents Of the district
who are men Of substance, real and bona I'D.
owners Of real estate in the county,
10 attach narrower and more restrictive
meaning to the words, md require the sgners
TO be residents ond iecholdgrs Of and within
the district, would be applying rigid and ln-
reasonable construction, and defeat the inten-
lion of the law, which is TO regulate and mai
prohibit the license system. Many of the school
districts are of small territorial extent, and the
owners Of land within their hounds few and
not sufficient 10 furnish the requisite numbe,
Of sig, ers, while the number CT II sidents in thp
district who own land elsewhere IN the county
may be numerous enough TO make compli.
ance with the law feasible. Freeholders are de
signated not because they represent the land
OF the district, but because they are generally
men OF substance and have a fixed and herman.
ent residence which will enable them fiom ner.
sonal know ledge 10 judge cf the qualifications OF
applicants for licenses, and Of The wants and
needs OF the community in which they 1--we
Persons who are not freehOllers are excluded
ncu)etalse they are intel ,tualiy or moral,
unit, but because it was designed to exclude
soJourners and Others who were supposed NOT
TO have or feel the same Interest, or have A,
much al stake in the district as the mora per.
maneut residents. Had the Legislature intend.
ed to require the resident to be likewise a free.
holder ptthin the district, they would have lIsad
appropriate words to convey that idea, as has
been done In other statutes Whole somewhat
similar phraseolocy is found. For instance. in
the charter ofthe City Of Wilmington, the quail
hcation OF a member Of Council is that he muaI
be "a resident and freebooter in tie ward fol
Which lie is elected" And SO in ref renee IL
the Assessor; he must be "the owner Off free.
hold estate Wnhn the city,"
In this ease, the applicant not having oresen.
ted certificate signed by twelve Substantial
i.eeholders OF the district in which lie proDos.
cd 10 keep tavern, under the con structjon We
have given to the law, LIS application il ne.
fused.
There is another defect in the certificate N
this applicant which is fatal. n law reou'res
that "the certificate aud Recommendation sl,.li
be signed with the proper signatures AID in I'M.
proper handwriting Ui such flgel,uidris bn' If
any such cannot write, he may ai.6 h. a mark
winch shall be duly aitesei by WIli.as. ,uh.
scrOlhg; whereas several of the Iii,;..s I, iLp
certificate betore the Court have beyu ,i,,.,...
by procuratsnn, which is not Compliance win
this provision Of the Law.
associate Judges HOu,,uy AMI Walrs stated
Their reasons for conclusion .u,iG.pcri Ly lie
Chief Jus,l,e.
- -.s--------
AT Louisville, last ui5h,, It Ter, lie a>p,osion
IRON iolil sewerage gda ...u lsIk, hines no
CURED ~ TIE hCFt!,e,,s, Corner nl the f,r,y Civ
Hal. The laI-a ilsp 80 ,jes, l. ,Itcru G.et in
length, of tho p4yslnt - ,lonuI IN, i,,iIli.,.