Evening journal., 1913-10-09
MAY TRY TO
UPSET HAZEL
LAW HIGHER
Lower Courts Decision Up
holding Validity Of Act At
tracts State Wide Attention
WEBB-KENYON MEASURE
ALSO CONSTITUTIONAL

Widespread interest is manifested in
the decision Of Chief Justice Pennewir
and Associate Judges Boyce and Conrad
in the Court Of General Sessions at
Georgetown, yesterday afternoon, up
holding tho constitutionality Of the
Hazel law prohibiting shipments Of
liquor into Kent and Sussex counties,
declaring that the Webb-Konyon Fed.
eral statute applies In prohibiting ship
ments of liquor from other States into
Kent and Sussex counties, and also de-
claring the Webb-Kenyon law 70 be CON
stitutional.
The courts decision was announced in
/ THE EVENING JOURNAL yesterday
Afternoon. IL Il the first time the Webb
Kenyon law has been declared 20 be con-
stitutional by any court, 30 far as is
/ known, the court test in the Kentucky
Court Of Appeals not having passed on
the constitutionality of the Federal
statute, but as TO whether IL prohibited
shipments from Tennessee into Ken
tuclyy. The Kentucky court ruled that
shipments from one State into another
by express we're not prohibited by The
Webb Kenyon law.
The decision of the Sussex county
court Yesterday is directly opposite the
kentucky decision, the Delaware court
deciding that tho Webb-Kenyon Federal
llaw prohibits shipments into territory
like Kent and Sussex counties where
such shipments or delivery Of liquor are
prohibited by State statute.
The Sussex county decision also Is The
first Interpretation by the court Of the
Hazel law. introduced by Senator Will
liam NJ. Hazel, Of Dover, and passed by
the last Legislature.
Court Would Welcome Appeal.
Before starting In to read tho de
cision. which required two hours 4
read. Chief Justice Pennewill an
nounced that the opinion was pre-
pared more than a month ago and be
fore any newspaper controverH
, arose over Il. The Chief Justice sal
T, nothing had affected the Court
reaching the decision excepting n
able argument OF counsel. Attorn'
General Josiah o. Wolcott argu
for the constitutionality Of the la
and former Attorney General Herb'
IN. Ward and former Judge Daniel
Hastings for a client who sought
test the Hazel law and the apple
II tion OF the Webb-Kenyon feder
4 statute.
The opinion was rendered on a ca
Of william Grier. indicted for vi
Q lation Of the Hazel law by acting
n the agent OF Tony Keyser. a liqu'
8 dealer OF Philadelphia, IN deliverin
two quarts OF whisky 10 Hartley
O. Conway. OF Georgetown. Conawa
4 bought the liquor. AS the Hazel la
D prohibits common carriers from az
- cepting liquor for shipment into Ia
e cal option territory. Grier brought
I from Philadelphia 10 Georgetow
] himself AS this constituted an IN
: terstate transaction-From Pennsyl
vania into Delaware-the Webb-ken
: yon law also applied.
Following the reading Of N
n Courts opinion, Mr.. Ward and MI
o Hastings made a formal motion for
3 new trial for Grier. who was nc
y sentenced. Meanwhile the lawyer
g win, in all probability. decide
q carry the case 70 the Supreme Cow
9 lof Delaware. and possibly 70 the 81
preme Court OF the United States.
= In the course OF the long opinic
lChief Justice Pennewill said that n
Court desired that the case be take
- Ito the Supreme Court OF the Sta
y for n 20 pass on, as the citizens
the State are greatly interested in
The Court hoped the case would
II carried 10 the Supreme Court.
,r Affects Other Cases.
he One outcome Of the Courts der
sion has been the causing OF mui
.. agitation because Of pending cases
Kent and Sussex counties Of alleg
e. violations Of the Hazel law. Aft
he the Kentucky Court decided that 4
ID Webb-Kenyon law did not prohibit /
,e Continued on Page Two).