Middletown transcript., 1914-10-17
MUST OBEY THE LAW
Court Makes it Clear That Failure
Will Result
DISASTROUSLY FOR DEALERS

AHoI hquOI uSdlSIs oI NeW CaSCl6
county must live up to the law in let
ter and spirit or they cannot hope to
retain their licenses is evident from g
statement issued by the Court of Gen
eral Sessions the opinion of the court
beng deliverd by Chief Justice Penne-
will.
The court, in the opinion, sounded a
warning to violators, and made it clear
that infractions will not be tolerated.
In delivering the opinion of the court
| Chief Justice Pennewill said:
We take this opportunity of making
some suggestions in respect to the OBJ
servance of the law by licensed liquor
dealers in this county, and particularly
in Wilmington.
When the court grants license for
the sale of intoxicating liquors it is
done with the belief that the license is
a proper person to conduct the bust
ness, and that the privileges will not
be abused. While the court are con-
vlnced that very many dealers in this
county observe the la W, ard honestly
endeavor to maintain places free from
disorder and other improper conditions,
complaints have been made that some
are not so particular, and either violate
the law direct or seek in various Ways
to evade 1T. A licensee who either vios
lates or evades the law is not proper
person to tell Intoxicating liquor, and it
is for the benefit and protection, not
only to the public, but of honest and
law abiding licensees, that such persons
! should not engage in the business.
We think it proper to call attention
to certain requirements of the law
which we fear are not fully complied
/ with by some dealers, and to certain
conditions which should not be permit
ted to exist.
l. The screen law is perhaps not
fully complied with in some places. 1t
is dangerous to endeavor to evade this
law. The laws mean just what it says.
1t does not need any Interpretation or
explanations by the court.
2. Selling to intoxicated persons is
entirely too common, and ought to be
stopped While the mere fact that an
intoxicated person is seen coming from
a certain licensed house is not conclu-
sive evidence that he received liquor
| there; there is a certain presumption
that he did. If an intoxicated person
enters bar room the safe and proper
thing for the proprietor to do to escape
the presumption of guilt, is to refuse
him further drink and order him off the
premises. And a dealer SHOULD not
| cause customer to become iBtoxica-
| ted.
8. Selling to minors is especi
noXious to the law, the court a
public. 1t is not only required
proprietor shah use every av
means to learn the young man
| in doubtful case, but in order
cape suspicion he should not allC
nors to remain or to be on the pr
at ALL They can have no legi
business there, and if permitted
main after their presence is
that fact will necessarily create
picion that they were there for
lawful purpose.
4. Selling on Sunday is a pr
tion we need not emphasize. Tn
no violation of the liquor law tt
more abhorent to the court, and n
fit to receive a license would co
this offense The fact that it is
cult to detect makes it more repr
sible
5. Keeping a disorderly pla
probably now clearly understood
many dealers. 1t covers many
things than is commonly thought
means more than fighting and qua
ing. Permitting lewd women to 49,
for any purpose the place where
liquor is sold would make such a place
disorderly house. The playing of
cards, pool or any other game for
money, drinks or other thing, would
have the same effect. There are other
acts and practices which would make a
disorderly house, and the only safe
course for dealer to pursue is to use
his place of business only for the pur-
pose intended by the law viz; the SELL
ing of liquor for the accommodation of
adult and sober people.
Music and other like means of en-
tertainment are accessories that surely
were never contemplated by the law, as
permissible to the bar room. The liquor
law, as we have said, was passed for
one pupose only, and that was the ac-
commodation of the public in the SER
vice of intoxicating liquor.
Its purpose was made to provide a
means of satisfying the desires of per-
sons wanting such refreshments, and
the lawmaking did mean that persons
should be drawn to the place by other
attractions. Under law similar to our
own the courts in another state have te-
voked, or refused to renew licenses
where such entertainments have been
used. We simply make the suggestion,
that if liquor dealers wish to comply
with the intent and spirit of the law, as
well as with its letter, they will not en-
ploy such accessories or entertainments
as above mentioned to attract customers
to their barrooms. And we further say,
the man who is suitable person to be
intrusted with license to sell intoxi-
eating liquor is one who desires to oh
serve the law not only in it's letter, but
also in its spirit and real intent
In speaking of the spirit and intent Of
the law we are led to the next point
about which we wish to speak, and that
is:
6, The signing of liquor applications.
We do not say that the same person
may not sign more than one application
during a year, but we do say the law
does not contemplate the signing of the
same person of more than one appliea-
ton to the same term for the same
kind of license. The statute must be
construed reasonably. 1t would defeat
the plain intent of the law if in a woro
where there are dozen or more hcen-
sed places, one citizen should be per-
mitted to sign all or more than one ap-
plicatiOn to be passed upon by the court
at the sa re term, In requiring that ali
application for a license to sell intoxi-
eating liquor shall be signed by "a re-
spectacle citizens in the ward is obvious
the purpose of the requirement is to put
some restrictions upon the number of
licenses and the ease Of securing them.
1t was intended to safeguard the