Evening journal., 1909-11-20
NEW QUESTION in
LICENSE CASES
May Corporations Hold Liquor
Licenses, Order Society
Asks
OPPOSE TWO LICENSE
PETITIONS ON THAT GROUND

About $50 men from st. Georges and
Wilmington congregated IN the Court
Of General Sessions this morning. They
were interested in license cases. The
law ana Order Society was represent
ed bv Horace q. Eastburn and Caleb
p. Burchenal
The frst contestod=case called was
that of ID. W. Lynch Company, rep
resented. by Ward and Gray. The
remonstrance IN this case raised the
point whether a corporation In Della
ware has the right to sell intoxicating
liquor.
Mr. Ward admitted the defendant
was a corporation and under It's
charter had the right to sell. II Is
merely a question Of law.
Mr. Burchenal maintained that a
corporation could not be licensed The
general term person as used, means
= living being. he said. The law calls
Tor q person Of full age and a corpor-
alton is never a minor
Continuing, Mr.. Burehenal argued
"a corporation cannot have a moral
character. It has a reputation. Their
the certificate must be for a man, anC
now the law says that man must be o
sobriety aud good moral character. Tn
men VINO signed the license do no
know who are the members Of tn
corporation. We do not know then
so we might attack their sobriety o
good moral character.
There Is no provision prohibiting
the sale OF stock. To-day Mr.. Lynch
and members of his company could
get the license and sell Tomorrow tC
men who have been refused q license
by this court"
Herbert II. Ward, in opening for
the applicant. said this was the first
time IN Delaware that this point has
been raised. He added that the court
has been granting liquor licenses "a
cornorauous IN this city.
Mr.. Ward said that the Lynch Company
had applied for license four times pre-
piously and unless tho court was right ~
the past years II would not have issue,
the license. He added that the right {,
take II and the right TO have It must hav'
come 20 the court when license was is
suod IN the past
Nr Ward quoted authorities showing
that m other states licenses TO sell in
foxicating liquors were granted 10 cor
porations The WORD person" applies I
corporations he contended. Argument wa
concluded shortiy before noon. The coyl
reserved It's decision.
Tho same grounds we're used IN opposln
tho license asked for by the Allen Dru
CO. IN addition AIR. Burchenal said a ]
censs had been twice refused In that Il
cality. John ,. Neary. who Representa-
the Allen Drug Co., said he wished to ca
Witnesses TO testify that the place
necessary.
Mr. Burchenai read the petition ffol
the residents protesting against grantin
the licouse Tor the place. az New Cast
avenue and Head street.
The Rev. George r. Noesc. pastor Z
Nadeley H. 4. Church, who was the fr,
witness called for the Law and order So
oiety said the license was not necessar,
After william II. Bowen, Geore
Green and Amos II. Ewing had tes
tined that the place was not necss
sary the court interrupted the pro
ceectngs- The judges could not under
stand why tho license was asked for
druggist. The court believed a drug
gist should obtained druggists II
oense.
William ]. Faulkner gave testimon
against the granting Of the license.
Ar. Neary presented a petition s
Iavor Of the license signed by nearl
Noo people in the district. ResRrdln
the rernonstrances there yvcrs ia NJ,
men and 81 men who signed ther
there are lo6 colored sipners ana NJ
value Of property owned bv the p,
monstrants was $4,000 while tho
IN favor OF the license was $3.50 oo
There are thirty white men nj
signed the remonstrance ana only sew
OF them are property owners.
Benjamin =. Allen, president Of =
Allen Drug Company. testified th
he owned 4ss shares OF the 500 shar
Of the company. The company.
said is IN the wholesale drug busins
and wants the license so that IL m
supply the retail druggists in the cl
and state.
Frank NJ. Jones. Charles Stevens,
Frank p. Dugan, Frank Quinn. Thom
Watkins. John Callahan believed I
place was a necessity.
Court took A recess until o'clol
no decision being given by the cou
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