Evening journal., 1912-02-15
BEER SALES MAY
BE UNLAWFUL

Owing TO the Importance of the
case of Anderson and Ray, which
came before the Superior Court yes
terday on writ of certiorari, the
opinion Of the court handed down by
Chief Justice Pennewill is published
IN full TO remove any false impression
that might arise. Chief Justice Penne-
will. delivering the opinion Of the
Court, said:
THE information filed In the above
stated case in the Municipal Court al
leges,
That the said Isaac Anderson and
Amanda Ray then and there being the
occupants OF said house and that the
said Isaac Anderson and Amanda Ray
then and there not having proper Ii.
ccnse 10 sell intoxicating liquor ac-
cording to law, that the said Isaac
Anderson and Amanda Ray did then
and there sell Intoxicating liquor 70
one Cornelia Starkey contrary TO the
form OF the statute in such cases made
and provided and against the peace
and dignity of the State.
It is contended by the defendants
below that the offense charged in the
information is not within the juris
diction Of the Municipal Court, and
that therefore the Judgment below
should be reversed.
The Municipal Court is a court OF
limited and special jurisdiction, and OF
such jurisdiction only as is confer
red by the constitution, and the stat
ute laws Of the State enacted IN con-
formity Herewith.
Section 15 OF the charter of the
City OF Wilmington (Page 40. Charter
Laws and Ordinances of the City OF
Wilmington, 1870 providcs
The said Municipal Court shall
have sole and exclusive jurisdiction TO
inquire of, hear, try and finally de-
termine all those criminal matters and
oifenses enumerated IN tho fifteenth
section of the sixth article OF the
amended Constitution aud committed
within the said city and to punish all
persons convicted OF said offenses or
any Of them agreeably TO the laws Of
the State.
This statute was passed when the
CONSTELLATION VI 1908 Mdo w 4blttt OtN~
tion Is, Article 8, Of which was as
follows:
The General Assembly may by law
give TO any inferior courts by them
to be established, or to one or more
Justices OF the peace. jurisdiction OF
the criminal matters following. that Is
to say:
Assaults and batteries. keeping
without license public house OF en-
tavern. inn, ale house.
ordinary or victualling house, retailing
or selling without license wine, rum,
brandy, gin, whiskey or spirituous or
mixed liquors contrary to law. &C."
The language Of the present con-
is similar to the Constitution
Of 1882. respecting the jurisdiction OF
nferor courts, as TO the matters pertln-
ent to this case.
IT appears therefore that the sale
Of Intoxicating liquors. is not spec
ifically mentioned as within the iur-
isdiction Of the Municipal Court,
which is an inferior court, and ere
ated by the authority Of the con-
provision aforesaid. While
all the beverages mentioned IN the
constitution are intoxicating liquors,
there are nevertheless Intoxicating IL
quors that are not enumerated there-
in. The term IS broader than the
constitutional provision. and might
cover an offense that IS not within
the jurisdiction Of the Municipal
Court.
"Tn this case the record does not
disclose the kind OF intoxicating IL
1uor that was sold and therefore the
OF the court does not af-
appear.
For this reason we think the judg-
nent below should be reversed.
But while we so hold, ii must |
lot be understood that the sale Of |
beer and other intoxicating liquors |
lot enumerated in the constitution, is /
Iot unlawful, and the seller cannot |
e punished This decision only means /
hat such offenses are not within the
Of the Municipal Court.
lot being within the jurisdiction OF
hat Court, they are within the jur-
sdiction Of the Court Of General ses-
ions"