Evening journal., 1913-08-09
BOOZE" INTO
DRY COUNTIES
HERE AGAIN
Kentucky Decision Gives Ex-
preSSCO. Tip That Inter- state
Shipments Are Lawful
LIQUOR MUST BE FOR
PERSONAL USE, ONLY

Express companies today resumed the
carrying Of liquor from outside Of Della
ware into Kent and Sussex counties, de-
spite the Hazel law
Under decision handed down in the
Circuit Court Of Appeals of Kentucky on
June II last, intoxicating liquors can be
shipped from one State to the dry terri
tory of another State. BY this decision
handed down by the Kentucky court in
the case of the Adams Express Com
panv vs.. the Commonwealth of Ken
tucky. the Webb-Kenyon bin passed by
the last session Of Congress. is construed
to mean that the shipment Of liquors
for the personal use Of an individual
cannot be nterfered with from one
State TO another.
e. A. McGarvey, Adams express
agent in this city, this morning re-
lceived the following notice from the
company's headquarters:
Recent instructions with respect to
the intershipment OF intoxicating IL
quors into Kent and Sussex counties,
Delaware. are not intended to prevent
such shipments for personal use Of
the consignee. Interstate shipments
into these counties not intended for
illegal sales may be received and de-
livered from points outside the State"
When Wilbur l.. Sasse, an official of
the firm Of Kelley and Company, whole
sale liquor dealers ia this city, was in
terviewed this morning he said that the
Adams Express Company had been fined
for sending liquors from out of the
} State TO the dry territory of kentucky.
! The company took the case TO the Court
of Appeals and that tribunal on June
b II ruled that the lower court erred. It
/ was contended that the Webb. Kenyon
! Bill was for the purpose of assisting in
, the enforcement of such law as the
! Hazel Law in this State. The court
4 held that the Webb Bill could not be
q constructed TO deprive man of his
I personal liberty and such shipments OF
n liquors intended for personal use couls
: not he molested.
Mr. Sasse this morning said that
e when he appeared before the last
n Legislature and pointed ont The dan.
r BY the Kentucky courts, he told the
legislators that II would discriminate
q against the local dealers. AT that
L time. continued Mr. Sasse, the Rev
q A. W. Lightbourne who spoke in fa-
y vor Of the Hazel law said that II II did
r he would favor the same privilege be-
S ing given the local dealers This
morning II was said that the local
a. \ 81 I..-
p ed the same privilege a sthe dealers
e in other States TO ship into Kent and
t Sussex when the Legislature con-
a venes.
!. Under the law as interpreted in ths
Kentucky decision. Il is possible fol
liquor firm in Pennsylvania ol
Maryland or any other State TO shiI
ed the same privilege as the dealers
county OF this State and the same vii
] be received and handled by the ex
press companies in this city. The'
merely act as transfer agents. how
ever. being forbidden to accept TO
= shipment any liquors from this cit.
n for Kent or Sussex counties
! The question of the application o
the Hazel law in conjunction Will
, THE Webb-Kenyon law is now pendinl
a in the Sussex county court. II In
/. wolves the same question amoni
+ others as that passed upon by thI
/. kentucky court. Attorney Genera
l. Wolcott and Deputy Attorney Genera
lChaytor are away but IL is expected
l. Deputy Attorney Generals Hutton anC
+ Jones. Of Kent and Sussex, will arres
70 the agents receiving liquor in those
+ counties. the receiving and delivering
Is OF shipments being prohibited by th'
Hazel law.