The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-04
AN INTERVENING QUESTION.
Has the Municipal Court the Power to
Try the Case of a Licensed Liquor
Dealer for Violating the Laws7

I
An interesting question was argued
In the Superior Court yesterday after
noon by II. II. Ward, one of tho attor-
neys for tho defense in the case of An
drew Casey, licensed liquor dealer.
Some time ago, Casey was charged be-
fore Judge Ball, of the Municipal
Court, with violating the liquor lawby
selling on the Sabbath, lie was adj
| Judged guilty, and sentenced to pay q
fine OF 800 and costs.
TO this Judgment his counsel, II. ii.
Ward and IL. q. Turner took excep-
tions, on the ground that the court had
no power or authority vested in IL to
try and determine such cases. As
| there ls no appeal from the decision
OF the Municipal Court, the matter
was taken to tho Superior Court on II
writ Of eeritoral, and argument made
on behalf OF the plaintiff yesterday
afternoon, by H. Ii. Ward.
Before commencing his argument he
submitted the following propositions,
and produeed a number of authorities
in support OF them:
|. person licensed to soil intoxi-
eating liquor is the only person who
can be- guilty of the specific offonse of
the sale OF liquor on the Lords Day,
commonly called Sunday.
2. The penalties imposed upon con-
victlon for the sale of Intoxicating IL
quors upon Sunday relate only TO IL
censed dealers tnasmuch as second
conviction Of such Il misdemeanor is
| punished by a forfeit of the convict's
license for two years.
3. The only offense of which an un-
licensed dealer can be guilty under
the laws regulating the sale OF intoxl-
eating liquors In this state Is the sale
without n license, and the penalties
provided upon conviction are different
from those imposed in case of the vio-
lation Of such laws by licensed deal
or.
4. A general inspection of the laws
rotating to the sale of Intoxicating
liquors in this State concluslvolv
shows that the General Assembly has
kept clearly in Wow the distinction be.
tween licensed apd unlicensed dealers,
not only as to offenses which are pro-
hibited, but also as to penalties
which are imposed.
5. The laws relating to the trial of
licensed dealers for offenses against
the liquor laws of this State, and TO
tho punishinents imposed on them
upon conviction, eoncluslvely sho W
that the only tribunal which Gan now
have jurisdiction of such offenses is
tho Court OF General Sessions of the
Peace. etc.
g. Acting under the powers confer
red by section 10, article II, coEstitu-
ton Of tho State OF Delaware. the Gen-
eral Assembly, by chapter 207. volume
H. Laws of Delaware, established an
inferior court called the Municipal
Conrt, for the city OF Wilmington, land
gave to 1t Jurisdiction to inquire of,
hear, try and finally determine ali
those criminal matters and olIenses
enumerated in said section of said
! III. . a
within said city, and to punish all per
sons convicted OF said offenses, agree
ably to the laws OF this state.
Proposition z refers to the manner
of trying cases in the lower court and
proposition s says that the otfense In
question is expressly not included IN
the lower courts jurisdiction.
8. Whenever u new, limited, sum
mary and penal jurisdiction provid
ing for trial by information only,
without indictment by grand Jury OF
trial by potit jury, or the right OF
appeal is conferred upon new infer
Tor court in derogatlou of common
law 8 atutoryand Observation-Disclosures
the statnte comforting such jurlsidlo
sttion will be strictly construed, and a
doubt as to the construction thereof
will be resolved In such a way as viii
preserve such common law, statutory
Mr.. Ward quoted from Section IS, o.
the act creating the Municipal Court
which provides that
.'lne said Municipal Court shall have
sole and exclusive jurisdiction to In
quire of, hear, try, and finally deter
mine all those criminal matters and
oiTeuses enumerated in the 18th section
: OF the sixth article OF the amended con
stltion." &c.
He then read the section from thu
consultation which specifies that:
The general assembly may, by law
4lVo to any inferior courts by them Il
{ BIZ established, or to one or more jus
tees of tho peace jurisdiction of tbs
2 criminal matters following that Is t(
say: assaults and batteries, keeping
! without license public house of en-
1 tertninmont. TAVERN inn, ale house
U ordinary or victuallinB house, retail
, ing or selling without license wine
rum, brandy, gin, whiskey, Or spirit
Gus or mixed liquor, contrary TO law,
&c.
Tho last clause provides that IN,
person shall for an indctahle oifense
be proceeded against criminally on in
= formation
, Mr. Murd commended that as accord
l ing to the liquor law violation was
an indictitble ollCnSo the MunicipH
Court had no power to try an oaende
l. on information.
A part OF Section Il OF the liquo
Y law says:
''it shall be unlawful FOR any person
: licensed to sell liquor, as herein FRO
vided 10 sell, give away or dispense
any liquor on the Lords day, com
, monty called sunday"
, II also says: And upon conviction
thereof shall forfeit and pay n fins
OF not less than fifty nor more thai
Z one hundred dollars and In case OF
second conviction OF such mizdenIcan
or, he shall forfeit his licGnae, and
shall not 10 capable of receiving
lieeuse for Tho space OF Two year
thereafter"
Mr.. Ward argued that an offender Il
not convicted. hut Is only HdiuIget
guilty. in the Municipal Court, UHl
that tho only way person can be CON
o gictcd Il by Indictment before the
grand jury, and trial by a general jury
lie made a strong argument, and
when he concluded at 4.l5 o'cluel
eour. took recess until 10 o'eluel
this morning.
1t must be good for everybody
= recommends it. We mean DR.. Duifi
I Cough syrup. Price % cents.
! Another Goiored Republican club.
=. Tho colored Republicans of thi
b SiSia Ward met in largo numbers It