Wilmington daily commercial., 1873-10-18
The r.r Ilaaar i.Ieen.. Law.
FuI1 IExr OF THE DECISION OF THE ooURT, FIR
TING IN suseKx COUNTY.

session OF the Legislature. entitled, IAN act
regulating the ssle Of Intoxicating liquo 8,
'which, among other thinge,requires that the ap-
''plicant shall also hle with his SAID aP-
,tplcation a certificate Of twelve snbstantiAl
"freehoders OF the school district in which he
proposes to keep such inn or tavern.
The Twelfth section OF the act provides that
''the Court may or may not At their discretion,
approve OF any such application, and in order to
satisfy themselves fully in regard to the pro-
''prietY Of approving the same may receive re-
''monstrsnces and here evidence and Arguments
''fOr and against the same under such rules az
''the Court may deem proper ard may establish
general rules for that purpose
On the first day Of the Term q remonstrance.
signed by sixteen frecholders and citizens OF
and residing in School District No. 81, was pre-
sented to the Court protesting against the
granting Of a license to the sSid Richard Wes-
| coatt, and setting forth "a one OF the grounds
| OF objection that the certificate which had been
| filed with the application was not signe1 by
| ia elve freeholdefs Of the district. 1t was ad-
mitted by the counsel Of the applicant that only
elk of the signers were residents OF the district,
the others being owners of real estate within the
district but not residents therein. The question,
| therefore. for the consideration OF tue Court, |
/ was whether the law required the signers OF the
certificate to be resident freeholders in the dis
/ trict OF II the ownership Of freehold interest |
| in the district would be sufficient without res
| idence.
Messrs. Cullen and Moore appeared for the ap- |
plicant, and contended that ownership OF land |
IN the district, althOuR IN tue owner lnlBut uot
reside herein, would qualify the latter to sign |
the certificate, aud constitute a compliance with
the letter and nearing OF the words suostznt-
ial freeholders of the school DISTRICT
Judge Layton, on behalf Of the remonstrants.
argued that the certificate must be signed by
residents Of the district who must also be sub
stantiAl freehOlders in the district or III the
county.
ed the position that the certificate must be sign
| ed by resident freehOlders of and in the district.
| Chief Justice Giipin The purpose Of this act
is to regulate and not 10 entirely prohibit the
sale OF intoxicating iquors. 1t recognizes the
| expediency and proprety if not the necessity OF
the traffic under certain limitations and reslric-
tons. and on certain specified conditions con-
tanned inthe act. Among the latter is the re-
| quirement that an applicant for tavern license
| shall produce the certificate Of twelve substant-
ial freeholders Of bic district, that he Is pro-
per and suitable person, that tavern is neces-
sary at the point dezignated to accommodate the
pubic, &c. Looking only at the letter OF the
5 law 1t might bear the Interpretation insisted
| upon by the Attorney General, but We must
{ search for the scope and meaning OF the langnA-
ge, and spply to it fair and reasonable construe
q ton. The evil intended to be remeded was
doubtless the prevalence OF intemperance, which
was supposed to be in large degree the result
Of the sale OF liquor by the muuplicA ion OF taN-
| erua and restaurants under the former law.
n which allowed any and all persons to obtain a
license to keep such establishment on tine
II prepayment OF fee to the Clerk Of the Peace
and the recommendations OF twenty-four free
holders Of the Hundred in which the ap'
ie plicapt resided. This was thought to be
too general in its terms, and the law now under
's consideration was passed to ordain more re-
strictive system and TO render 1t more dlfhcuu
n | to procure q license. The Clerk OF the Peace
could exercise no discretion. II the forms oi
the law we're complied with. it was his duty tt
a issue the license and he could not Withhold II
BY the present act this Court is invested viii
d, the power Of granting or refusing hcense, al
l fhot1uh tho foFma Of the law all TeHueCtH ma
at have been observed but the discretion used b!
the Court should be legal and judicious, no
Al | an arbitrary The words substantial free
~, holders OF tue district, may bear several con
y! structius. They may be held to mean, lst
that the signers must bs residents OF an owner
OF freehold estate in the district; 2d, non-rez
OK dent of land in the district or 3d, resi-
dents Of the district aud owners OF a freehol
be elsewhere We have after due consideration
lg adopted the last the fair and reasonable cou
struetiOn, aud which, from analogy to and con
-. parison with similar phrsseology In the statue
- | We believe to be the true meaning OF the word
| Ii could not have been intended that a treehol
interest in the district without residence woul
.ha be sufficient for that in effect would make Il
70 land OF more importance than the citza IN, an
1e submit TO the determination Of non-resldents
IL | question most directly aud seriously aifecun
IL the domestic concerns and welfare OF each men
80 Der of the resilient community. 10 adopt sue
a meaning would be to permit the owner OF
freehold IN the district. although he might be
of residents Of London or Paris, TO take a part
ill, the decision Of purely local question. On u
5ih contrary, We think by "Hubstantial freehode
irs- of the strict designated the class and
sdi- seription OF persons by whom the ceTtlhcl
in mnst be signed, to wit. residents OF the d
trict who are men Of substance real and bOl
-, fls owners OF real estate IN the county. 10 I
the tach narrower and more restf
ing tive meaning to the words aud Tequi
lehl tho sguers to be residents and freeholders
TOT and Vi illln the district would be applying ri
sen. id aud unreasonable construction, aud defeat I
1 iUfa ff ha il n
ioh- not prohibit the license system Many OF
school districts are OF small territorial exte
xtra and the owners OF land within their bounds {
! 10 aud not sufficient to furnish the requisite nu
ar Der Of rigneIs, while the number OF residents
ok tile diHtTict who own land elsewhere i'll the col
lew ty may be numerous enough to make CONF
tbst ance with the Law feasible Freeholders are d
cars | ignated not because they represent the laud
iaia the district but because they are generally N
r. of substance aud have fixed aud permant
residence which will enable them from P
usal sopa knowlsdge to judge Of the qualifcstio IT
rant applicants for liceuses, and OF the wants
bas | needs of tie community in which they II
4 In Persons vino not ireehOders are excu'
Isy not because they aTe Intellectually or NOR
r. Tho unfit. but because it des gned to exclude
epys iouTners and Others who WeIe supposed
mar | 10 have or feel the same interest or h
nIer as mnch at stake in the district as the more =
maueut residents Had the Legislature ini
dei to require the resident to be likewise a Il
otion holder o,@ta the district they wouid have
n r appropriate words to convey that idea, as
c,ior been done in other statutes where sOuneN
hrary similar phraseulogy is found. For instance
mi. tho charter Of tie City of Wilmington,
,idar qualification Of member Of Council is that
citad ''mn-t be r. sid.nt ard frc ehslder in the "
and for which be is elected And so Ia Tefere
anbs ITO the Assessor lie must be tho owner o
iii b. freehpld estate rUItia the city,
In this case, the applicant not having pre'
ted certificate signed by twelve suGatar
,rpan. feehollers OF the district IN which lie plOpC
Ard OF to keep tavern under the construction
1opes' have given to the law his apple liiJn Is retu
i suc- There is another defect in the certificate
is 81 this hpPicant when ID iatal lhe law rell
The that tine celtllc'te ana recommendation :
ladies ''be signed with the proper signatures anr
q seat ''the proper handwriting Of such freehold
, yeiy ''but II any such cannot write he may sign
emin. ''mark which shall be duly attested by wit
epale subscribiug;" whereas several of the name
tue certificate before the Court have been 81.
by procurati1n, which is not a compliance
10 the this provision Of the law.
ngiug Associate Judges Houston and Wales st
glass their reasons for conclusion announced by
ne by Chief Justice.
ii,it DEPREssIrS IL THE WHEEL MANUFAoTUl
,,, jn BUsINEsa-In hurried call upon Springer.
GirJ ley ~ Gause this morning, We were iufOrme
.t | these gentleman that the business OF ma
~ 20 carriage wheels and other coach building n
aiu ,iI rails had partakcA Of the general depTe=
'Aoie consequent upon the fluctuations of carr