Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-03-19
The High License Bill.
(COMMUNICATED.1

Is well-establlsbed fact that such a bill
as the one referred TO should not and will
not receive the sanction of the members
OF the General Assembly Of this State;
and. think careful perusal of this (so-
called Prickett bilD will satisfy any we'll
informed, intelligent person that 1t con-
tains so many Inconsistencies and absurd
conditions and restrictions that it should
never be published inside OF the statute
books OF this State. | DO not mean TO
cast any reflections upon the ability or
motives OF Mr.. Prickett, who It is said
drafted this bill. He was undoubtedly
employed by some persons to do Just
what ne has done, and have no doubt
but what he Incorporated In this wonder
full document precisely what those who
employed him directed he should insert
therein verbatim. That this bill has been
Justly criticised do not attempt to deny;
and one OF our learned Judges is quoted
as having made some very strong re-
marks about this bill, not only of what
1t contains, but the manner in which IL is
constructed and put together. II the re
marks credited TO Judge Houston con-
cerhing this bill are utterances made by
them without being fully able to sub
corning said bill.
Judge Houston is an eminent lawyer
aud an honest, upright Judge, and a
thoroughly conscientious gentleman,
and one whose opinions on matters OF
law and public policy are well received,
not only by the bench and bar of this
State, but by the bench and bar of every
State of the United States OF America,
and any attempts to smirch him by
anonymous newspaper correspondents
by any member of a society calling itself
a Law and Order Society" OF this State
VIII fall harmless en- his judicial robes,
and they will rebound In force upon the
man or woman who makes the attempt
to attack this pure, upright, honest
fearless, denunciator of what he believes
to be proper, right or just, both as a
Judge and life honored citizen OF this
State
That the time has long since arrived
when the people of this State should
have thoroughly remodeled the liquor
license laws OF this State, thirk but
few persons will attempt to controvert
or deny. The dispensing OF licenses for
the sale of Intoxicating liquors or any
other commodity should not be placed
under the control of the Judges or be
. II
duly of the court TO see that the laws
passed by the General Assembly are
strictly. executed, and that the wilful
violators OF the law are properly pun
ished when the proofs OF such violations
are fully established before 1t by Jury
trial or upon the confession OF the vio-
ator In open court.
1t Is also well authenticated fact that
any enactment passed that Is not sus-
tanned by public sentiment will become
dead letter upon our statute books, and
no better evidence of thib can be found
than by refer ring to the States who have
their State codes largely made up of So
called Prohibitory Liquor Laws, which
do not prohibit, because public sentiment
d d OF demand them and does not en-
dcrse them. What is needed is law
that is backed up by strong. public SEN
timent. And where license law has
been passed of this character, with ade-
quate punishment for it's violation, def
nitely fixed by the statute without any
discretion OF the court, the law has been
respected, aud GOOD results therefrom
have been obtained.
If the Legislature OF this State, at Its
present session, will paes an act fixing
the liquor license fee In all cities and
towns of over 5000 Inhabitants at $500
per annum, and In all towns over 2 90
inhabitau ts and less than tO0J iDhabi-
tauts at 500 per annnIn, and in all other
| localities at 500 per annum, and aflix q
penalty of not less than six months i'm
| prisopmeLt in tho county jail for any
licensed or unlicensed seller OF spirituous
wines or malt liquors who, by himself or
his servant or other employe or assistant
In any capacity, shall wi.fully Or know
ingly sell any such spirituous wines or
malt liquors to any minor, habitual
drunkard, or any other perceptibly in
toxicated Iersop, or eel, without license,
or shall sell to any other person whatever
any quantity of such liquors on the
ord's day, or upon any day set apart as
the day OF any State, county or municipal
election, unless the person apply ing Tor
the same shall file with such vendor o
certificate from a regular Practitioner of
medicine that such liquor is prescribed
by him for medical purposes, and in
addition TO the penalty OF Imprisonment,
afiix tine OF 800 for all such violations
| OF the law,
And out of the money paid for such
license, and out of the fines collected for
tire violation OF the law, pay over one
third part thereof to the State, one other
| third part thereof to the county In which
said frense is granted or fines collected,
and the other Unc-third part thereof to
the municipal corporation In all incorpo-
rated towns where the person carries on
such business, and where such places are
cor ducte1 outside of municipal corpora
tions, then to the road commissioners OF
the hundred in wi,ien zGS,,; place o, S.s.- S..s.
..ssss Is located, for the use of the State,
county, municipality or hnnarA.i re-See-
lively. Now by whom should such license
be granted To this question, / would
say either let the application be made to
the Clerk Of the Peace, and let him issue
license to any cit zen of this State and of
the United States who will pay over into
his hands for the use of the State, county,
municipal corporation or hundred the
amount of liccute fee affixed by law ior
the locality in which the applicant asks
for license; or make 1t obligatory upon
the Governor of the State to appoint three
judiclous persons in the city OF Whining
ton, and three other like persons in New
Castle County outside of the city OF wa
mington, and three other like Fersons In
each OF the counties of Kent and Sussex,
10 grant licenses within tue sections or
counties for which they are appointed, to
such persons and for such houses as they
| may deem proper to be licensed for the
sale Of intoxicating lIquors, either to
wholesale or retail dealers thereof, either
to he drunk on or to be rrled away from
the premises when sold by retailers, and
| to be sold to be carried away only by
wholesalers, who should not tie allowed
to st in less quantity thaa one half gal
Ion.
OF The two methods would prefer the
dispensing of all such licenses by COM