The daily gazette., 1881-04-20
THE LIQUOR LAW.
AN ANALYSIS OF THE NEW LIQUOR
LAW, AND THE HOPES OF ITS BENE-
FIcIAL WORKINGS BY THOSE WHO
nAunnnn

the applicant.
Sec. 2. This section is in the same
direction, and is great improvement
upon the old law. Heretofore it has
been hard to collect fines AID costs, as
many of the persons convicted were
irresponsible. This ctiou strikes at
the root of the evil by making the
property itself responsible for fac and
costs, and the Judgment of conviction
lien upon the real estate occupied by
the offender. This is most valuable
change, aud one that cannot help prov
ing salutary ahd satisfactory.
The same section provides that the
usual signs of bus ness as well as pay
ing United States revenue tax may
be prima fdcle evidence of carrying 1t
on. Heretofore, actua proof OF sale
had to bo made. This is also good
feature of the new law.
Sec. 3. This is very res rictive ON
druggists, aud intended to correct an
evil uuder the old law, which was Of
ten evaded by unprincipled druggists
who did an illegitimate business.
Sec. A. AS the law holds The land-
lord responsible for the acts of his
tenant, this section gives him remedy
against the tenant II he acts ia bad
faith to his landlord, which is but Just
and right. 1t will also tend to make
both careful in their conduct.
Sec. 5. This section has reference
to druggists who take out regular
Incense under the act of 1873, while
section refers TO those who merely
take license under the revenue laws.
Sec. 8. This applies TO manufac-
turers and is new and important. In
the first place il imposes a lax of ten
cents gallon upon all spirituous liq-
uors. This goes to ,he State. But 1t
docs not tax matt, brewed or vinons
! liquors as GONE enormously suppose.
The penalty and forfeitures are severe
out not more SO than a violation of a
plain duty deserves. No manufac-
turer can sell less than one gallon to
be taken away at one time. lie must
not sell or give away to any one-an
| inukeeper may not-that is to minors,
insane persons, &o. And he must not
use or sell mixed liquors or any not of
his own manufacture. These are all
wholesome provisions, and in the in
terest of temperance, honesty and good
morals,
Sec. Z. THIS provides that the Court
can Off ;ially no ice that spirituous
liquors are intoxicating without calling
witnesses to prove the fact, and is
merely giving legal expression to a
common sense understanding.
Sec. 8. This is q short but impor-
tant section. If liquor is sold at any
place you ueed not hunt up either the
seller or the name of the seller, for the
| law presumes il to have been done by
the occupant of the premises. 1t also
| meets difficulty and another class of
offenders against right, but not here
tofore against law. 1t has been COM
mon trick of a drunkard, after being
himself refused drink, to get some one,
mostly darkey or low white man, to
90 and get him some under one pro-
tense or another. This section makes
it unlawful aud provides severe pen
ally for any person who aids another
in procuring liquor, where that other
could not be lawfully furnished it him.
self.
| Section 0. THIS section is most salu4
tory aud highly important. IL makes
the prosecution of the business after a
conviction, an absolhte nuisance, and
| provides that the Sheriff shall seize and
mold the premises at the expense of the
| owner-until otherwise ordered by the
Court, so as TO effectually stop the illegal
sale.
Section 10. This provides a bailiff or
detective for Wilmington. His duty Is
clearly detiued. IL is to search out, de-
tect and report all vi JlatiOns of law in
the city and It's suburbs. He cannot
draw his pay uhil he gets a certificate
| from the Attorney General that he has
lone his duty with efficiency aud fidelity
He is also liable 10 be- removed by the
court. With these provisions Illegal
sales in Wilmington should cease; and
If they do not II will not he the fault OF
the law, but OF those charged with ITS
execution. A more efficient scheme
would be hard to devise. 1t Is to be
hoped the right man will be found for
this post, and certai lly the friends OF
law, and motifs enemies, should DO con
suited when the appointment is made.
Section IL. This simply provides that
licenses shall be hung up in the licensees
i place of business.
Section II. This Is what lawyers call
tue sanction, or penalty for violations,
aud without which all other provisions
| would De nogatory. lt ls 30 important
that we ( auscribe II entire.
Every violation of any provision OF
this act, or any other act regulating the
sale OF inl oxicating liquors, shall be a
ullsd meanor, and upon convict 0n there
of, where no other specific penalty Is
| herein provided, tue offender shall pay a
ine OF 800 and COSTS OF prosecution and
shall also be Imprisoned not less than
Que nor more than six months; and II
licensee, shal forfeit his hcense."
THIS MAKE Imprisonment u necessary
sequence upon conviction. Before II
was not SO, and In view OF the leniency
sometimes shown to Offenders by enter.
ing nOHe pr0sequts. and in other ways,
cJnVlcuons amounted to but little
Under the new law II VIII be a far more
serious matter, and II is 10 be hoped the
law VIII now .be enforced according tC
its letter and spirit, and that the com
plaints, so often made that II was mo-
will cease, or at least, that there will bt
no grounds for them.
Section 10 simply provides rule o
evidence.
Section Ia. THIS is the civil damag,
clause, anu 10 both new and benificent
1t provides for the recovery by wife
husband OF child OF damages agains
any person who has sold liquor to per
son of known intemperate habits whel
II. can Do hho Sn BY pIooi that such per
son has been injured in consequence q
such sale.
Tue foregoing syuopss, think, wi
prove both Interesting and useful I
| your readers. IL should be remember
. ed that the new law does bot repeal tn
| | old one further than lts provisions ma.