The sun., 1901-03-27
LICENSE LAW
OPINION
Mr.. Ward Informs Governor That
it May be Illegal.
NO AID FOR CITY In SIGHT
at Length That the Legisla-
ture's Act May Not
Stand Test.
NO AID FOR CITY In SIGHT

warded to Governor Hum his opinion
us to the consttutionality of the act al
lowing Incorporated cities and towns to
retain certain portion of the liquor
license taxes collected therein, which be-
came Il law ON appeals to the chairs in
The houses of the General Assembly.
1t indicates that the governor will
veto the bill, and the city of Whining
ton therefore lose the $4,000 it had hope
to derive from the operation of the law.
The opinion is:
Wilmington, Del, March 20, 1901.
10 His EXcellency, John HUM, Gov
ernor, Dover, Delaware.
MIR. Dear Sir: In response to your re-
quest Of the 22d instant, that l examine
an act Of the last General Assembly, en-
iitled AN act to amend chapter AIS,
volume IA, Laws of Delaware, by pro-
viding that one-third OF the moneys aris-
ing from licenses for the sale Of intox-
| eating liquors shall be paid to the incor-
porated cities and towns in which the Ii
censed places are located" and that
give you my view as to your approval
| thereof, have to say:
|
nous opinion Of the three paid coun-
sci for the General Assembly, the
speakers of each House ruled that in
each of said houses the bill failed to
receive constitutional majority of the
members thereof, and that the bill passed
each of said houses of the General As
embly upon appeals from the decisions
of the speakers and by majority vote.
l shall take no space in attempting
TO frame u definite opinion as to the
legality of the vote by which this bill
Was passed. The fact that there is
such Il question, and, under the circum-
stances, presumably serious question,
seems to me conclusive fact, consider
| ing the necessary consequences thereof
| hereafter mentioned, to determine your
Iiti;tiw Iii ititw SUIT, IL wftm the Static Seaiva"o
il marty, must inevitably follow your ap'
proval Of the bill.
IL there be Il question as to whethei
1.-THE statute in question has become q
llaw by receiving the necessary major
lity in the Legislature, it would clearly
be the duty of the State treasurer tt
lpreyent the diversion Of the funds, which
would otherwise be payable into the
|
cities and Incorporated towns intendint
: to be benefited by the act. Not only IL
behalf of the said Incorporated cltle'
and towns, but also in behalf OF TN
State of Delaware, notices would o
) served upon each of the clerks OF III
, peace in the three counties of the state
warning them to pay over the money
| in question, to either of the respectiv
claimants thereof, at their peril. sue
: clerks of the peace are each OF theI
f liable TO heavy penalties in default Q
their accounting for the license none
: looming into their hands, not only unde
lchapter AIS, volume IA, Laws of Deli
t WARE. but also under the propose
= amendment thereto now under discus
!; sion. Such clerks of the peace would .
Y .ompelled to determine, far i'll adyant
k of any possible decision, upon the legali'
# Of the said proposed amendmen
whether such proposed amendment VIZ
4 law of the State or not. Upon sue
yuess of the said clerks of the peac
or of their counsel, would depend Il
liability of the said clerks of the peac
III nossibly to account for large sums
money which they may have wrongful
l.. paid over.
We're these nconveniences to the
- nublic officers, and such litigation, q
=. =, only matters involved in the approx
y. of the bill, public interest might II
~ suffer sufficiently because thereon
'e overbalancc the present benefit to t
Inhabitants of the city of Wilmingt
and other incorporated towns by t
It's increased revenue given to them und
no the bill in question.
ch Section 8 of the bill provides as T
No lows:
no ",rhe clerk Of the peace in each OF
In three counties, within seven days ar
on the receipt of the moneys arising III
Oh the license fees, fin"s and forteltul
en- pertaining to Incorporated cities a
let towns mentioned in section of this q
me shall pay over, by certified check, TO
me city or town treasurers of the incorp
uted cities or towns entitled thereto,
the above mentioned moneys which ST
come into his hands for the use OF
- said Incorporated cities or towns un
on the provisions of this act. A failure
, ol, the clerk of the peace of any cou
,,os to pay said moneys as AFORESAID 81
on. he a misdemeanor, forfeiting ipso ia
',no his office, and shall also be bre
he Of his official bond"
Under the conditions hereinbefore
lined. the clerks of the peace in eact
the three counties could not safely
over the moneys mentioned in the
an to the Incorporated cities and to-
rior referred to in the bill, within seven
orn- after the receipt of the moneys in q
in tion from license fees, etc. And yet
bill provides that "a failure by the
Of the peace of any county to pay
moneys as aforesaid shall be mi
am, meanor. forfeiting ipso facto his OF
nf and shall also be breach of his of
bond" That is to say, seven days
the receipt by the several clerks OF
pcace in the three counties of
moneys payable to Incorporated c
r Of and towns under the provisions Of
Dday act, and upon the failure of such G.
en- of the peace to pay over such mo
TO said cities and towns, the offlc
each of the said clerks of the I
lrope would be ipso facto vacated. If
He Offices were thereupon refilled by
appointments of the governor,
Lom- take the responsibility ON themselv
BADLY question the opinion of the court OF
lroad resort of this State upon the legali
the statute in question, and their