Smyrna times., 1913-04-16
LIQUOR MEN CONFUSED BY
NEW ANTI SHIPPING LAW
THEY CANNOT SHIP BOOZE" TO
KENT AND SUSSEX COUNTIES
First Days Operation Under the New
Law Causes More or Less Com
ment-To Enforce the Law.

INNNt - @AfNNA - A'f~ -NfNs
The uphsot of the first days opera
tion of the Hazel anti-liquor shipping
law is that no one seems to know just
what the law prescribes, what is for
hidden and what is permitted. One
point alone seemed clear to wholesale
liquor dealers in Wilmington and to the
transportation companies. that ship
ments Of "booze" to Kent and Sussex
counties are forbidden. Consequent
ly the local dealers have discontinued
shipments to these counties and the
express and railroad companies are |
refusing to receive shipments of ''con-
traband goods to points in these
counties. Whether shipments from
one point in New Castle county to an
other is forbidden is a disputed ques-
tiOn. Attorney General WolcOtt stat
ed Thursday that his understanding
was that the law covered such ship
ments. If this construction is fol-
lowed it may be decided that delivery
of beer and liquors by wagons in Will
mington is also illegal Section 6
Of the bill states: That it shall be
unlawful for any person to carry.
bring or have brought any quantity of
spirituous. vinOus or malt liquOr from
within the state cf Delaware into To-
eel option terrio-y within said state
greater than one gallon within the
space Of twenty-four hours.
Wilmington Entirely Separate District.
The city of Wilmington is a sepa-
rate local option district under the
state constitution. The delivery of
beer in wagons in that city would be
from a point within the state and
would be delivering it in local option
territory. The question arises wheth-
er the section above means booze
could not be delivered from one local
option district into" another, as from
Wilmington to rural New Castle
county, or to Kent county, and does
not include deliveries from one point
to another within the same district
The puzzlng questions that have been
opened up oy the law are almost in
Vulnerable. The phrase Unto local
option territory is the source of all
the trouble. Plainly the intent of
the trainers of the bill was into local
option territory that has voted dry. :"
Wholesalers Will Contest the Law.
That the wholesale liquor dealers
of Wilmington will contest the Hazel
law, prohibiting the shipment of IL
quOr into ''lOcal option" territory.
was ascertained by a representative
CT Every Evening from Leonard E.
Wales, attorney for some of them,
Friday morning. II is understood that
a number Of wholesale dealers have
retained Mr.. Wales as one of their
attorneys 10 test the constitution.
ality of the law, and when enteryiew.
ed by the reporter he made the fol
lowing statement. While there will
undoubtedly be test case presented
to the court | am not prepared to sa!
just how soon this will be done. o
just what steps will be taken in tn,
preDartion Of such a case. While
have made some examination of au
thorities bearing upon the case. tn
investigation is not far enough ad
vanced to make any definite statemen
as to what grounds will be urge
against the constitutionality Of tn
law" Mr Wales expressed the opin
ion, however. that there were "9
chances out Of 100 that the dealer
will make the test. -
AttorneY-Generars Interpretation.
Attorney General J. o. Wolcott tC
day gave out the following opinion {
his Office relative to the Hazel bill
referring also TO the Webb -Kenyo
bill, passed by Congress, which
now in effect: The so-called Haz
Law, taken in connection with II
Federal statute. known as the Webb
Kenyon Law. puts the interstate shil
ments Of liquor upon the same bas
as intrastate shipments of liquor; tn
is to say. there is no distinction bass,
ed upon the point Of origin Of Il
consignment. 1.-The attorney .gener
Office construes the phrase "local o
tion territory as meaning local opti
districts within the State of Delawa
that have by vote discarded the licen
system There seems to be sor
misunderstanding as to when t
Webb-KenyOn statute goes into effe,
have examined the statute as it
given in the official advance sheets
the United States statutes ard Fl
that it went into effect immediat,
upon its passage over the Presiden
veto, which was on March 1. Unl
the construction of the law pla,
upon it by the attorney genera