Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-06-07

Prom the RvRRY EsRS'NG Of Monday.
Sherin's Advertising-Omei Rec
OgnltiOn Of Every Evenings Great
Circulation.
One Of the few wise enactments by the
lastLegislature was one entirely changing
the law in regard to the advertising Of
5herh's sales in newspapers. The old
Jaw required the Sheriff to advertise
his sales for two weeks In two news
papers, 10 be selected by the defendant, |
and prescribed with great precision |
scale of prices which he WAS
authorized to pay for such advertise |
menls. This scale Of prices specified
BREWER type rs the scale of measure
meut, Il type larger than any modern
newspaper uses for reading matter much |
less for advertising, and made the price
to be paid SO low that no successful news
paper would think Of numbering It's col
umns with such announcements. The
Sheriff could not comply with this portion
of the law and 1t has for years been a
dead letter.
! Tie clause giving the defendant the
absolute right 10 select both newspapers,
had also been disregarded, aud the
Sheriff. had been In the habit Of selecting
for themselves, and, Of course, subor-
dinated the interests of plaintiff, defend
ant and the public, TO the supposed in.
terests Of party and gave their advertise
mcnts exclusively to their own party
papers. OF late, however, the law has
been strictly enforced IN this respect, aud
the iniurs of tue Sheriff to obtain the
defendants direction as. W ths. gS6ilslf
cred by the Court sufficient reason for
setting aside the sale.
The disadvantages Of the old law at
once became apparent. The sales became
scattered through numerous papers and
it was impossible for any person to learn
with certainty what Sherii7s sales were
to take place unless be took every paper
publish d In any part OF the county.
Again there were Instances 10 which the
defendant, either from a sense ofsham0, or
with dishonest desire TO favor bidders-iu
purposely selected papers of little or
no ri culatiun in the county with view
TO cUncealment OF the fact that a sale was
to be made. Again in at least one of the
lower counties as result of fUctional
fights and ring Influences, the sales were
not advertised in the county papers at all,
but were sent To those of another county
for publication.
In view Of all the defects In the old law
the new one was passed at the pre,ent
session and except that 1t is somewhat
loosely drawn up and that II inadVert-
emily strikes out the requirement for
publication of two weeks ii Is very
, good law in every respect. II strikes oul
the absurd aud nUn-euiorcible clause
about the cost and merely requires that
: the newspaper charges for this class OF
! advertising shall not be higher than its
! charges for other transient advertising
This is certainly fair aud just. IL next
takes away entirely ifOn the defendant
tue power to select the advertising medium
and properly puts il In tue hands of
I tue man whose interest il Is tO give 1t the
widest publicity-the Sheriff II rtcognizes,
, however, the prohCness Of all officials To
allow party considerations 10 control
their actions in such matters, aud, there
2 fore places some restriction on the Sheriff.
power Of choice.
The law requires that one of the two
PAPERS selected by the Sheriff shall be
The paper NJ largest circulation in the
county in which the sale Is made. To guard
IL, against sudden and fraudulent increases OIL
circulation with view 10 securing sucl
e Advertisements it authorizes the Sheriff L
take the aflidayits Of all publishers us tC
the circulation OF their papers for twenty
i, five issues prier to the time of the inquiry
THIS, OF course, will make some one
Is paper certain TO have all the Sheriff.
e sales advertisement, and enables any on,
r Interested 10 see at a glance precisely
what Sherif's sales are to be made. IL
meet, however, the possibility that such
u a papers circulation might be confined
to some single locality, the Sheriff II
e given au absolute right of choice as u
!. the other paper. To Teetily the abusl
! which had grown up In one of the lower
\ counties, the Sheriff Is only permitted L
advertise out Of his county, provided Their
p Is no paper published in the county. W,
defy any one to frame u law more iai
and equitable in all its provisions than !
Il this.
II The result in this county is, of conrse
~ one which we eau hardly latter Ourselve
the Legislature had In view when paksln
H. IL makes il neee5s ,ry for the Sheril
ie To advertise ali his sales in EVERY EVEN
d ING. No other paper preteuds 10 compel
Tor ir right, aud they all refuse, We ar
informed, to give, on oath or affirmation
any statement whatt yer concerning the
circulation heuce, the Sheriff Tor
month past has advertised all bis sales !
IL this paper. On Saturday last sal
g. which the Sheriff before the ne'
If law had passed, had commence
advertising IN the Commercial an
and the Gazette, and which took place bl
live days after the old law passed, WI
d set aside because the provisions Of Il
q new law lad not been complied with.
4. seems hard case for the purchaser b.
" it is one of the many hardships whiC
e arise from the legal presumption th.
m every man is acquainted with the law.
/, settled the matter uuthOrltRtively, h0'
"a ever, and persons interested may her
g after look With confidence 10 the column
n Of EVERY EVENING for any announo
] mtnt Of SheTiil's sales, since Its cireul
v ton is so greatly In excess OF that Of al
= other paper, that none Of the others Gu
u e,ei hope to approximate much less equ
z il. The Court also inlinaled that 1
there was no longer any statute fegulatn
d.. the time during which such adyeitls
v ments were to be published that w
II weeks would be about right.
l. Gle fell down dead and expired
e two minutes, says Georgia paper of th