Milford chronicle., 1913-07-11
CONSTITUTIONALITY OF
LIQUOR LAWS ASSAILED

a case of statewide interest wa.
conducted in the Sussex County Courts
Wonday before Chief Justice James
pennewill. and Associates BOyce anC
Conrad. in which many points of law
were invoved relative to the indictment
IF William Grier, charged with making
fbe delivery of two quarts, against
eghonn a true bill was returned to Harley
Conoway. of Georgetown on June
7th. The constitutiOnality of the Hazel
Law in conjuction with the. Webb
Kenvon Law is involved. and strong
arguments are being advanced on the
part of the State represented by AT,
torney General Josiah o. Wolcott and
Armon D. ChaytOr, Jr.. and for the
liauor interests represented by former
Attorney General Herbert H. Ward and
former Judge Daniel c. Hastings, OF
Wilmington, for and against.
The case in question attracted VIDE
spread attention and all eyes OF sussex
and in fact the State were on the DO
ings in the old Sussex County Court.
There were many liquor advocates IN
attendance, all eager to know the out
come. For the information OF tne
readers. it will be remembered that
William Grier, who is employed by the
whiskey house of Tony kayser, IN
Philadelphia, upon the receipt Of two
dollars from Harley ]. COnaway, OF
.eorgetown, for two quarts of whiskey
vgent to that town to make the delivery,
bnt upon getting off at the station was
nlaeed under arrest by State Detective
oscar M. Thomas and taken before
Instice of the Peace John r. Steele
vho held him in $500 bail for the present
farm of court in order that the constitu-
fjonaIitv of the liquor laws might be
fested or at least for the purpose Of
0atring the case before the Supreme
Tourt in the event that the Supreme
Judges of the State courts could not
render a decision as to the constltu-
fionalitv of the law. especially that
know as the Hazel Act. 1t was under
stood here last week that the entire
force of the Attorney Generals office
would take a hand in the case and that
former Senator R. R. Kenney, of Dover,
would be present in the interests OF
the whiskey people, but only the At
tornev General and Deputy Chaytor
and Messrs Ward and Hastings took
part in the case.
II required nearly two hours for
Former Judge Hastings, who opened
the case. attacking the cOnstitutlonallty
of the Hazel and Webb Laws, and 1t
vas nearly noon before Attorney Cen
eral WolcOtt opened up his side in be-
half of the State.
Attorneys for the State did not argue
the constitutionality of the Webb
KENYON Act as applicable to this State
but in the course of the remarks slight
mention was made of it but no opinions
al this time were expressed
The case came to rather an abrupt
ending with the conclusion Of the re
marks of the Attorney General shortly
after the noon hour, and now the points
argued are left to the judges to decide,
decisiOn in which will be reached by
the October term of court.
1t was whispered about that IN the
event that it is declared constitutional
and that Grier comes to trial IN the
Sussex County Courts, which he will
have to do it is believed, that an ap-
neal will be made and the case be taken
to Supreme Court.
That the case has a deep seated
Significance is something not to be
disputed, for if declared unconstitutional
ii will be the means of saving the liquor
interests and enchancing their Golfers,
while to the local optionists it will be
8 severe blow as the passing away Of
condition that it has been the aim of
come of their whole lives to see come
to pass. 1t was indeed an interested
crowd who gathered to hear the
arguments in the csse, and when they
left they had received but little if any
satisfaction by going for what they
hoped was that the court would render
decision during the day. many of
them little thinking that it required
serious thought and plenty of time to
weigh such a weighty matter as this.