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 b, manifested In
the decision of Chief lustice Pcnncwill
and Associate ludgcs Boyce aud Conrad
Im the Court of General Sessions az
Georgetown, yesterday afternoon, up.
holding the constitutionality Of the
Hazel law prohibiting shipments of
liquor into Kent and Sussex counties,
declaring that the Webb Kenyon Fed
cinl statute applies IN prohibiting ship
mcnts of liquor from other States into
Kent and Sussex counties. and also de-
claring the Webb bkenyon law TO be con-
stitutional
The court 5 decision was announced In
THE EVENING JOURNAL yesterday
afternoon II is tine first time the Webb
Kenyon law has been declared 20 be CON
stitutionnl hv any court, so far ns is
known. the court test in the Kentucky
Court of Appeals not having passed ON
the constitntionality of the Federal
Statute. but as To whether It prohibited
shipments from Tennessee into Ken.
tucky The Kentucky court ruled that
shipments from one State into another
bY express were not prohibited by The
Webb Kenyon law.
The decision lof the Sussex count,
court Yesterday is directly opposite Che
ikcnfuobv decision. the Delaware Couri
deciding that the Webb Kenyon Fedora
law prohihits shipments into tcTitor,
Hike Kent and Sussex counties whcr'
such shipments or delivery of liquor are
prohibited hv state statute
Tho Sussex county decision also b. thl
first Interpretation by the court of thl
Hazel law. introduced by senator vii
liam NJ Hazel. of Dover. and passed b,
the last Legislature.
Court Would Welcome Appeal.
, Before starting In TO read the de
/, cision. which required two hours Il
/ read. Chief Justice pennowill an
nouncod that the opinion was pr,
o. pared more than n month ago and be
1 fore any newspaper controvers
e arose over u. The Chief Justice sal
n nothing had an,\$d the Court
- reaching the decl ion excepting Il
able argument Of counsel. Attorn
General Josiah o. Wolcott argu
for the oonstitutionahty of the la
and former Attorney General Herb
IT, Ward and former Judge Daniel
Hastings for a client who sought
test the Hazel law and the appli
~ tion OF the Webb-kenyon fedc
\ statute.
The opinion was rendered on ca
of william Gricr. indicted for VI
20 lation Of the Hazel law by acting
he the agent Of Tony Keyscr. a liqu
m dealer Of Philadelphia. I'm deliveril
as two quarts OF whisky TO Hartley
Conway. OF Georgetown. Conawi
T. bought the liquor. AS the Hazel Ia
ID prohibits common carriers from a
n cepting liquor for shipment into Il
p cal option territory, Gricr brought
Ie from Philadelphia TO Georgetov
d himself. As this constituted an Il
ID forstate transaction-From Pcnnsy
'r vania into Delaware-the Webb-Kei
yon law also applied.
H. Following tho reading Of tl
Courts opinion. Mr.. Ward and NJ
IN Hastings made a formal motion TOT
10 new trial for Grier who was M
,s sentenced Meanwhile the lawyel
" Will. In all probability, decide
y carry the case 10 tho Supreme Con
x Of Delaware. and possibly to tho s.
preme Court Of the United states.
e I'm the course of the long opini'
Chief Justice Ponnewill said that q
Court desired that the case be taxi
r, To the Supreme Court Of the sta
T. for II 10 pass on. as the citizens
1.-THE state are greatly interested In
The Court hoped the case would
2 carried to the Supreme Court.
or Ailects Other Gases.
he Ono outcome Of the Courts do
sion has been the causing Of mu
ife lagitation because Of pending cases
Kent and Sussex counties Of allee
&C. violations NJ the Hazel law. All
ne the Kentucky Court decided that
ad Webb-Kenyon law did not prohibit
he Continued on Page Two).