Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-10

aulleu mat II was never filed.
The superior court devoted the entire
morning to hearing the argument of
City Solicitor Curtis on the writ of GER
tiorari involving the jurisdiction of the
municipal court. After some introduce
tory remarks he commended on behalf of
the State.
THAT the language of section is,
article 9 of the constitution is broad
enough to include all the sales of in
toxicating liquor made contrary to law,
whether by licensed or unlicensed
vendor The state of the law in 1881
shows that the intention of the constitu-
tional convention was TO confer power
on the Legislature TO invest in an in
feriour court full jurisdiction of sales of
intoxicating liquor contrary to law. AT
that time the only restriction ON the
sale OF intoxicating liquor was
the prohibition of its sale in
less quantities than one quart. Speak
ing generally no license was required to
sell intoxicating liquor, but certain pro-
hibitions were provided. 1t is CON
tented, therefore, that the section related
to the offence Of selling contrary to
law, that is 10 say, contrary to such
PADNAbipio VI INV as 1lltll tAlSLtu OF
which should thereafter be enacted by
the Legislature with reference to the sale
of intoxicating liquor.
Again, the use Of the words criminal
matters in section Is shows the inten-
ton to refer to classes of offences rather
than specific offences. II is also urged
that broad construction should be
given because the matter dnder CON
sideration is the construction of o con-
stitutional provision and not of
legislative statute. All prohibi-
tons in the statute of 1878
which relate directly to the act of sell
ing liquor are by necessity implication,
incorporated in the license and made
parts of 1t. In other words q sale by a
licensed vendor on Sunday, sale to n
minor or sale of liquor to be drunk off
the premises are sales contrary to his
license and, therefore, without license.
Again, there is no difference in the
penalties imposed on a licensed and UNI
licensed dealer for violation of the
law and public interests require that
jurisdiction should be upheld in order
to afford relief to the court of general
sessions OF the peace, &C., now over
taxed with business, and in order
TO save expense to the county. All
the provisions of the acts of
1878 and 1881 apply to unlicensed
us well as to licensed dealers and all
were passed prior TO the act of 1888,
creating the municipal court and giving
to il jurisdiction authorized by consti-
tuition"
Recess was taken until $50 o'clock.
In cttOprinr EriIatr off
II. O. Turner made the closing argu-
ment on the writ of certiorari involving
the jurisdiction of the municipal court
He replied to the contentious of the
State and reiterated the contentious of
his associate, II. Fl. Ward, consuming
almost an hour and n half.
The case, Mr.. Turner said, is one of
the most important ever before the
court. The question is, did the general
assembly, in the section creating the
municipal court, give it jurisdiction over
the offence in question. The amended
constitution followed the act of 1927
There was then no such offences as sell
ing liquor on Sunday, selling to habit
ual drunkards, selling to minors, selling
liquor to be drunk off the premises or
selling on election day. Under the act
creating the inferior court the Judge of
that court is the autocrat of all the Rus
sias. The municipal court has triple
power-sole and exclusive jurisdiction,
sole and original jurisdiction and con-
current jurisdiction with the Justices of
the peace. Its jurisdiction over licensed
dealers offences is an usurped iurisdic-
ton over an offence not included in the
act creating the court. All the liquor
cases which it can decide are those of
unlicensed vendors. Licenses are granted
and taken away by the court of general
sessions. In the act of 1885, which
he himself drew he did not intend
to include what he did not enumerate.
A penal statute is bound to be strictly
construed. The specific offence of sell
ing liquor on Sunday can only be COM
mitted by licensed dealer. If an un-
licensed vendor sells on Sunday he is
indicted not for selling on Sunday but
for selling without a license. The court
of general sessions is the only place such
cases can and ought to be tried. The
judge of the municipal cour, nas greater
power than the three judges of the
superior court and the four Judges of
the court of oyer and terminer. In case
fine is imposed for violation Of the
liquor law the municipal court cannot
put lien upon the property for the
amount. Mr.. Turner remarked that he
has nothing against Judge Ball, as con-
scientious and able judge as ever sat
on the bench or ever will sit thereon.
The speaker said he believes the NUM-
cipal court should have jury panel.
He asked for a proper decision, which,
he added, he felt sure would be given
At Saturday mornings session of
superior court j. III. Hoffecker, Jr.,
presented a petition for the setting aside
of the sheriif's sale of real estate of Mrs.
Sarah p. Mason, in Blackbird hundred.
Lilburne Chandler appeared for Joseph
z. Nichols, the purchaser and judgment
creditor. The property is in two tracts,
aggregating 1870 acres, and was sold three
times by the sheriff. Tho first time it
was sold for $500, subject to mortgage,
interest and costs, amounting to So S43;
the second time for $500, and the last
time for 5000. The claim made for set
ting aside the sale was gross inadequacy
Of price. Many persons testified in
regard to the value of the land, the
bench made calculation, and the court
decided that the estimates of the wit
nesses did not show inadequacy which
would shock the sense of the court.
Consequently the sale was confirmed.
Lewis O. Vandegrift asked for re-
trial of the case of Annie Marie Will
liams, colored, VS.. the Walton & Whann
Company at this term and stated seve-
raj reasons for his request. Benjamin
Nields objected, declaring that he did
not know of such d thing having been
done before and contending that to put
panel rnI CIV would be unfair. The court said
not Ike to decide the matter without