Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-10-25

all the applications tof hoeoi HeN
naturally provoked much and varying
comment. On the one hand, the aaVo'
.saiaa pl rrohihitory LIQUOR laws,esp eSls..is
those resident in Sussex, are jublsnt,
and, on-theother hand, the surprise and
Vexation Of the liquor dealers aud their
nuneroas adherents sreuuconcealea,
me prsclse bearing Of the opinion
upsuimousiy expressed by the court Is
ant to be lost sight Of In the midst oil SO
much exuitation or depression. 10 which
the action of Che court gives rise. And
beyond that, u may be wslrto look into
the law itself ard see iftheIc iurk within
It any more surprises, such as undouol-
edly have been experienced by the people
of the State, most of whom, we incline
tothink, have never fully understood the
scope Of the act.
~srhe Gosstte on Monday evening in an
editorial upon this subject which indi.
cstes on its face no clear understanding
oftAe hearing of the Sussex county deel-
sion, is prepared to condemn the present
law upon the ASSUMED ground that 1t Is
substantially prohibitory law. lift Is
such in fact, then the Gdsttte must be cor
rect In its structures upon this act as stu
rid legislation, for we need 90 no further
than the title Of the act to ascertain that
whatever may have been intended, pro
hibitory law certainly was not. 1t pnr-
ports to 70 tan Act regulating the sale oil
intoxicating liquors" Is this misno-
mer or an alias servieeablo only until lhe
bill had passed into law
The act vests in the Court Of General
Sessions the power of granting hccnses'o
several classes of persons to sell intoxiea-
ting liquors. With the exception OF in
creasing the penalties for the sale OF sucn
liquors on Sunday or tominors and insane
persons, and for the suffering Of gamo-
ling in q tavern BY licensed dealers. and
Of imposing the duty upon sundry public
officers Of prosecuting breaches Of the
public peace arising from violations OF
the act, there is but one substantial
change IN the solIey of the law Of the
STATE upon this subject.
The ate law merely prescribed tie
qualifications Of Il person applying for
license and authorized the issning Of 8
license by the Clerk of the Peace 10 every
person applying who should comply will
the conditions established hy law. The
Clerk had no discretion, but only min
isterial duly to perform. Tho evidence
10 the Clerk that the conditions wer'
complied with was the oath Of the appli
cant alone. For false oath the law pre-
scribed no special penalty, and it was {
question mooted by lawyers whether sucl
false oath would be technical perjury
The fact was notorious that false ailida
Wits were frequently made and license
were held by parties who neither com
piled with the conditions nor possesses
Tho legal qualifications therefor.
Again the policy ofthe State before tina
lime had been to Issue licenses only o.
The recommendation of the Court, or a
was provided from 1861 to 1864, of tb
Grand Jury of the County. The law
Jew years prior to the present one pei
uniting the Clerk Of the Peace to issu
licenses without any supervision by Coul
or Grand Jury was an experiment in u
legislation of our State. Its fruit wa
the establishment of host of drinkin
saloous which were in no sense pnbl
houses or taverHs and which cUul
not De said to supply a public necessit.
TO remedy what were undoubtedly col
sidercd evils Of this character was u
doubleday tho purpose Of the present lay
which established somewhat more strl
gent conditions and returned 10 the Cou
in each county the power of decidi
upon the question whether the applica
was duly qualified according to lav
It went even further, aud while it ga
no authority TO the Court to grant
license TO persons who had complied wi
the conditions precedent, it made it d
,retiOndrg with the Court to approve
disapprove any application, even witt
made IN due form. The 18th section
Inc act provides that "the Court may
may not, at their discretion, approve
any application" Such application,
readily appears from the law, is O.
properly presented, and it is as to the
tll4t the Court are to apply their iud
ment aided, If need be, by "evidcnce a
argument" Tin the language of the &C
20 ascertain that "the applicant is a pt
'sOn of full age, that he is person
sobriety and good, moral character, ID
an Inn or tavern is necessary at t
"polut designated to accommodate t
"public,n &c.
The decision at Georgetown, viii
Eee simply that the signers Of the Tcco
neudatlon must be residents OF the
ISisL in which the proposed inn Is to
pcated owning a substantial freehold in
nlnty but not necessarily situated in
district, went no further than to deel
that the recommendation then under c.
sideration was fatally defective, and
not place the applicant in a position
the court 10 exercise the discretion
pewer vested in it by the act.
All the applications in Sussex were
fecliya under this ruling, aed theroi
nothing 10 determined by this action
cept that the pagilu6 applying either t0
in'hsving their cates properly pIceer
to the Court, or as IS sold TO be the q
that 10 one Of them could obtain
recommendation Of twelve residents
the'vistrct WHO owned a freehold wit
the county.
There is no indication as yet Of
mabuer in which the Court Will exer
its discretionary power-and it is
purpose now only to indicate the true
siiOn In which an applicant for lic'
will stand before the Conrt-undtr
law which makes the Issuing Of lie
an act OF judicial discretion aud
merely OF ministerial duty. 1t may
service to those who solicit these lice
and tucso who oppose the pra lting
them in any or all cases, to be ,ure
with reference TO those cases when
application is not ir proper form
Count ha- power only to disapprovc,
when the form is complied with,
court may OF may not at their diser
approve the granting Of a license.
this discretion is intended not per
IL