Evening journal., 1914-04-09
Law JUMDLE
SENDS saloon
Cases over
contInuod From TIrsl Page.

Continued From First Page.
imprisoned not less than one nor
more than six months; and, If a
liccnsee, shall also forfeit his Ii
cense
(6) "Are the following words in Sec
tion 10, Chapter 3sf, Volume IL. Laws of
Delaware, lif in forecl. and if a licensee
shall also forfeit his license, self-execu-
tory, or is it mandatory on the court,
in case of conviction, to add them to the
Judgment, or 10 make sucn an order, or
TO incorporate them in the sentences
-. The Municipal Court for the city
Of Wilmington was created by act pass.
ed April 10. 1888, and under the Consti-
tuition and statute law of this State IS
given sole ara exclusive jurisdiction to
inquire Of. hear, try, and finally deter
mine all crimes or oifenses arising from
selling without license Intoxicating
liquors contrary to law in the city of
Wilmington; and also is given the
power to punish all persons convicted
OF such ofienses, agreeably to the laws
of this State. Having been given such
power. is it obligatory upon the court
TO enforce the following provision con
tanned in Section Q. of Chapter 3S4, Vol
ume Is. Laws of s)elawareY;
Conviction and sentence of the
owner tenant or Occupier of any inn
or tavern for violation of any Of the
provisions of the law for the sale
of Intoxicating liquors, shall 0per-
ate to make the prosecution of the
business thereafterwards unlawful
and a nuisance; and there shall be
added to the Judgment of the court,
as further penalty. that the said
! business shall be suppressed
eS. The Municipal Court, created az
! the time stated, and having been given
the jurisdiction. and granted the power
as above stated, can that court enforce.
by order, those provisions OF Section D,
Chapter 3S4, Volume 10, Lave OF Della
ware, which provide that after convie-
tion for a violation Of any of the pro-
visions of the law for the sale of intoxi-
eating liquors, that the sheriff shall
seize the building and hold it in his
custody. at the expense of the owner, so
as to prevent further sale therein and
make report of his proceedings 10 the
court at its next term for its further
orderi And can this court tax and al
low the expenses attending the execu-
tion bv the sheriff of his duty under
said Section o? And, after the expenses
are so taxed and allowed, can they be
collected by execution process OF by
order and attachment for contempt in
this court ?"
The argument on these questions
will take place on Thursday, Apri
23. The NIullin. Caruso and Kraus'
cases are involved.
The argument in the Casey, Fahel
and Hanley cases will be heard oI
the same day but on the following
questions:
C) "In case of conviction, are the
penalties of Section 10, of Chapter as
Volume IA, Laws of Delaware, passed
April 10, 1873. to be imposed; or, arr
the following provisions in Section IN
Chapter 3S4, Volume 16, Laws of Del
aware. passed April 8. 1881, (whicl
chapter expressly repeals all acts o.
. parts OF acts inconsistent Herewith
1 to govern and control?
Every violation of any pro-
vision of this act, or of any other
act regulating the sale of intoXi-
} eating liquors, shall be a misde-
meanor; and. upon, conviction
! ]
penalty is herein provided, the Of
fender shall pay fine of one
Z hundred dollars, and costs OF
prosecution; and shall also be i'm
prisoned not less than one nor
more than six months; and. II a
) licensee, shall also forfeit
his license
(2) "Are the following words in sec
ton 10. Chapter 3S4. Volume 16. Law
of Delaware, (if not IN force), 'anC
If a licensee, shall also forfeit hi
license, self-executory, or is II man
datory on the court, in case of con
viction, to add them to the iudgmen
p or to make such an order, or to In
corporate them In the sentence?
CD "The Municipal Court for IN
City Of Wilmington was created b
2 Act passed April 13, 1888, and unde
4 the Constitution and Statute Law 0
this State is given sole and exclusiv
o jurisdiction to inquire Of, hear, try
2 and finally determine all crimes or OF
, fenses arising from selling withou
q license intoxicating liquors contrar
7 to law in the City of Wilmington
and also is given the power to pun
I ish all persons convicted of such OF
fenses, agreeably TO the laws OF thi
. State. Having been given sue
. power is it obligatory upon the CouI
. to enforce the following provisio
. contained in Section Q. of Chapte
y 3S4, Volume 16, Laws of Delaware:
Conviction and sentence of the
owner, tenant or occupier of any
y inn OF tavern for violation of any
of the provisions of the law for
II the sale of intoxicating liquors,
shall operate to make the prose-
cution of the business there af-
forwards unlawful and a nuis-
ance; and there shall be added to
the Judgment of the court, as
II further penalty, that the said
* business shall be suppressed"
a, (4"The Municipal Court, create,
l. at the time stated, and having bee
& given the jurisdiction, and granite
the power as above stated, can thl
Court enforce, by order, those pro
ID visions of Section Q, Chapter 49,
ID Volume 16, Laws of Delaware, whic
m provide that after conviction an
le sentence for a violation OF any Of III
provisions of the law for the sale {
Intoxicating liquors, that the sheri
10 shall seize the building and hold
f, lfc o,.cforxs of fha avnanca ~ ~