Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-07-05
ClRCuLAR-DISTRIBOTIoN LAW.

Judge Dali Rules That the Street and
Sewer Department Resolution is Not
Effective Where Papers Arc Placed
Under Closed Doors.
At Friday mornings session Of the
Municipal Court Judge Ball ruled that
the resolution recently passed by the
Street and Sewer Department prohibit
ing the promiscuous distribution OF
circulars, &C., was not effective in cases
where such papers are placed under
closed doors. The decision was In a
case stated, where George T. Holiday
and John L. Smith had been arrested
by Policeman Shields on the charge of
violating the following section of the
Street aud Sewer Department resoiu-
tions:
Section l. II any person shall cast or
place or cause TO be cast or placed in any
street, highway, lane or alley OF the city, or
on the sidewalks or footways thereof, or
into the vestibules or yards or upon the
porches OF any dwelling or other building
within the limits Of the city, any paper.
advertisement, handful, circular or waste
paper, such person or persons shall be
deemed guilty of b common nuisance and
shall forfeit and pay fine not exceeding
ten dollars nor less than two dollars for
each and every offence.
When the accused were ariaigned,
last Tuesday, the testimony showed
that on Monday, June 18th, Smith
handed Street Supervisor Frank Ken
dali circular from bundle which he
was distributing on Eighth street, and
that Holiday, on last Monday, was
distributing an advertising sheet, which
he was placing under doors. Robert II.
II tnh dc fnr ha
claimed that there had been no viola
tion Of law in the case of Holiday !;
first, because the Street ard Sewer De-
partment did not have jurisdiction
beyond the building line and could not
prohibit the placing of papers in houses,
and, second, because the paper he was
Distributing was a newspaper. The
| sheet referred to contained some read
ing matter, but according to the evil
| dence, 1t had not been entered at the
| postoflice as newspaper, mad no sub
| scription list and was not on sale, and
on the strength of these facts Assistant
City Solicitor Cahoon commended that
it was not newspaper in his opinion
or in the eyes OF the law, and, there
fore, not exempted by the following,
which was quoted from the Street and
Sewer Department resolution referred
to above:
Provided that nothing herein contained
shall be held to apply to the distribution. of
the latest issue Of newspapers and Of ad-
dressed envelopes.
| At the time of the hearing the court
reserved its decision until today. The
judge ruled that the Street and Sewer
Department had no cover to pass a
resolution prohibiting the placing Of
papers under closed doors, and, oonse-
quently, the resolution did not apply
in the case of Holiday, as 1t had not
been shown that the houses in which
he placed the papers had vestibules. II
Holiday had placed the papers In open
vestibules or porches the law would have
been applicable, as such papers might
have blown back into the street, where
the department has jurisdiction.
In Difference to the request of counsel,
the Judge also ruled on the point as to
whether the paper referred to was a
newspaper within the meaning of the
ordinance. He said he was compelled,
reluctantly, to say that twas the news
paper, on the strength of the following
very broad definition, rs given In the
Century Dictionary
Newspapers paper containing
news; sheet containing intelligence
or reports Of passing events, issued at
short but regular intervals, and either
sold or distributed gratis; npblic
print, or daily, weekly or semi weekly
periodical, that presents the news Of
the day, such as the doings of political
legislative or other public bodies, local,
provincial or national current events,
items Of public interest on science, re-
ligion, commerce, as we'll as trade,
market and money reports, advertise.
ments and announcements. News
papers may be classed as general. de.
voted to the dissemination of intelli.
geuce on great variety of topics which
are of interest to the general reader, OF
special, in which some particular sub.
ject, as religion, temperance, litera.
ture, law, &c, has prominence, gen.
eral news occupying only secondary
place.
The Judge held, however, that the.
department might SO amend its reso.
luton as to make such papers come
under the ban by defining more pariio-
ularly what sort of newspapers are
meant 10 the exemption provision In
the law.
On the strength Of the decision, the
case against Holiday was dismissed
but, according tn the evidence, Smith
was guilty of violation Of the law anl
fine of - was imposed In his case.