Evening journal., 1913-04-09
Commune From FIrst Page.

OF liquor from outside the state he
said that that was a matter Of inter-
state commerce and IL was not within
the powers Of the state 10 regulate IL.
In regard 70 the Webb-Kcnyon bill,
he said that he had not studied the
provisions Of it and II there was a yio-
lation of that law it would be the
duty Of the United States District At
torney, and not the duty Of the Attor-
ney General TO proceed under that
Federal statute.
question has been raised as to
whether the local dealers could ship
liquor to some point In another State
and have il consigned from thar
place to Kent and Sussex counties.
Whether shipments from other States
into Kent and Sussex county can be
prohibited will depend upon whether
the Webb-Kenyon bill can be applied
to prevent II in conjunction with the
Hazel law.
Cornelius Mundy, OF Cornelius
Mundy incorporated wholesale
liquor dealers, today said his company
would abide by the new law He
said he knew Of no test of its con-
stitutionality to be made.
Louis A. Levy. Of the urn of Levy
and Gle skiing, wholesale lnquor deal
ers, stated that IN the next two or
three lays a meeting Of all Of the
wholesale dealers a. Wilmington
would be held and some decision
would be made regarding takin" the
matter to the courts and testing the
new law lie caid his firm was maxi
ing no shipments.
John J. Magahern. another whole
sale dealer, today said he intended
to abide by the Hazel law explicitly
and would make no shipments Of
liquor into Kent and Sussex county.
ct is my opinion that If a commu-
nifty votes dry Il should be made
absolutely dry. said Mr.. Magahern
He said he knew of no test to be
made of the law, and for one he
didn't propose to spend any money
In litigation over the Hazel bill.
Francis 70. Kelly, president of the
Francis Kelly and Company, the
largest wholesale dealers in liquors
today was asked three questions, all
he had time to answer. by a reporter
OF THE EVENING JOURNAL today
They we're would his firm continue
shipping liquor to Kent and Sussex
counties; would the wholesale deal
ers test the law and would they hold
a melting to arrange for taking
such action.
To the first question Mr. Kelly re-
piled. "No. we will not ship to Kent
and Sussex counties; its against
the law. We will publish in the
newspapers today that we will re-
.tt
OF these counties"
To the second and third questions
he replied that the law would not be
tested so far as he knew, and no
meeting of the lnquor dealers was
to be held.
With only wee bit OF liquor
trickling down into Kent and Sus-
sex counties, that territory may be-
come as dry as buzzard bone
whitened on the sands Of time. While
there was much disappointment
among the liquor dealers Of VIII
mington over the Hazel bill becom-
ing a law, they were good losers
TO use a sporting term Il is said
that business OF more than 100000
was done last year by one big whole
sale house OF Wilmington in ship
ments of liquor into dry territory Of
lower Delaware and the Eastern
Shore Of Maryland.
There is much feeling between the
wet" and dry" forces down the
State over the Hazel bill. and the
"wets" while chagrined that obsta-
cles have been thrown in their way
over securing liquor are open i'm
thoir predictions that enforcement
OF the Hazel law will result In re-
submission of the license question
IN Kent and Sussex counties by the
Legislature two years hence and
swing those counties back into the
wet column. They claim that many
men who take a little drink" once
in a while voted dry" with the eN-
pectation that they could have liquor
shipped 10 their homes, and that such
men will vote wet" next time be-
cause they cannot get shipments UNI
der the Hazel law.
There has been much talk of a test
of the constitutionality of the Hazel
law. but nobody was found today who
seemed disposed to raise the legal is
sue. The wholesale dealers said they
knew of no contest TO be made. nor
did they know of any meeting of deal
ers to be held to talk over legal ac-
ton. The Hazel law prohibits ship
ments into local option territory. %
The State Of Delaware under the con
stitution is divided into four local OBJ
ton districts and there is fear on
the part of some men that a legal test
might result in the courts interpreta-
ton that liquor could not be shipped
into the entire State OF Delaware. i'm
stead of merely into Kent and Sussex
counties. which was the intent of the
champions OF the Hazel bill
The full text of the Hazel law is as
follows:
Text OF ten New Law.
AN act regulating the shipment or
carrying OF spirinous. vinous or malt
! liquor into local option territory. OF
the delivery % same in such territory
BE It enacted by the Senate and
/, House of Representatives Of the state
OF Delaware, in General Assembly
met
Section l. That IL shall be unlaw.
full for any common carrier know.
. ingly 10 accept or receive for shin.
ment, transportation or delivery Il
any person or place within local CD.
ton territory, or TO carry, bring into
transfer TO any other person. carrier
or agent, handle, deliver or distribut,
In local option territory any spiritu
Gus. vinous or malt liquor. regardless,
OF the name by which is may b,
called.
Section 2. That IL shall be unlaw
full for any person, firm or corpora
ton engaged in the manufacture OF