Evening journal., 1914-05-15

what the witness says, and that is that
there is n misconception on the part of
the public very generally as to the ex-
istcnce of the courts duties with re-
spect TO the regulation OF the liquor
business The statute provides for the
regulation of the liquor business, and
not the prohibition OF the liquor busi-
ness by the court. Ii the court were to
do what very many good Christian peo
pie desire it to do. they would do it in
the face Of violation OF their own oaths.
If we were to abolish twenty-six saloons
in that territory, in face Of existing
law, we would have to do il by refusing
TO regulate the liquor business OF the
City Of Wilmington in conformity with
the statute which requires Us to regu-
late the liquor business in the City OF
Wilmington Undsr ;he cath which we
have taken
"Ihe judges have nothing more TO DO
with the existence or non-eXistcnce OF
the liquor business in tho City OF VII
mington than has the court cricr or the
courthouse ianitor. We have TO apply our
intelligence to the particular situation
and we have TO grant licenses under
! proper conditions when those proper
conditions are shown. And ii iudg,
refuses TO grant licenses because o. hi.
own ideas OF the iniquities Of the liquor
business concerning which we have
very pronounced feelingl he would VIC
late his oath, The matter OF wha
peoples individual Judgment may be a'
to the liquor business is matter t'
be determined at the polls and by lcgis
lation, with which we have nothing
more to do, as | have said, than th'
court crier
Il want to say also that this oour
is very glad TO have the assistance o
the Law and Order Society in IN,
regulation of this business and ",
get the assistance from the Law anC
order Society chiefly through theh
counsel, and that the court Is usually
satisfied and appreciative Of the "a
forts of the Law and Order Society
and especially of the conduct of Va
business by its counsel, and while W.,
rule against them not infreQuently
we do Il based upon our judgment
But we would appreciate the assis
tance OF the Law and Order Societ,
and all good citizens more If the!
would exercise a discretion in th
regulation of this business, instea,
of exercising a uniform opposition
for instance, a man who fights tn
question on this witness stand, In
stead of giving us the best of hi
judgment, does not help us. The bes
witness that l ever saw upon thi
witness stand upon this question O
licensing or regulating the liQuo
traffic, was Father Finn as rad
cal an opponent of the consumption
and sale of liquor as a man coul
be. but immensely intelligent, ant
recognizing the force and effect OF Oh
law as it then was, his testimony o.
the witness stand as given was ali
solutely dominating upon the cour
because the court listened to him. II
would tell the court. when an appli
cation was made for a license in ceI
tain cases. how as a minister
would affect his work in his parish
but under other circumstances h
would not testify against a saloo
simply because IL was a saloon.
the first instance he would give th
e court a reason which would help u
( court, in which case the court wou
be glad TO be dominated by his test
= mony But when a witness com
along and uniformly opposes evei
g saloon. that testimony cannot help u
t, We think the testimony of that wi
ness should be given not TO US, bl
upon the public platform, which
the proper place for the promulgi
. ton for the ideas that he may hav
There are a good many clergyme
who uniformly apear and testii
q against saloons and who don't undel
r stand why Il is that the court does NJ
e give to them the consideration whic
2 their testimony ordinarily would r.
p ceive; and it is due to the fact thi
they don't exercise a discretion In II
, matter.
D what Judge Rice and ! have sa
3 Is said without feeling. II is sal
- however, under the constant pressul
= and constant accusation of doin
wrong when we are enforcing a la
which we did not make. for the crei
ton of which we are in no sense r.
sponsible, and a part Of which Wa
on the statute books before We weI
2 born, but with which we were mi
q when we assumed our present pos
! tiOns. And if anybody thinks on
task an easy one, they would find
difficult If they had to perform IT,"
! Police Sergeant Daniel Kelleh'
was then called TO the stand to te
tify TO Mr.. Hallorens good reputation
! but Judge Rice refused to allow hi
to testify, stating that the court ha
decided to discontinue the practice
Z allowing police officers to testify Z
{ to who are proper persons to condu
K saloons.
! The balance of the session was d.
e voted to hearing of the argument
the attorneys in the case. The cou
q will announce decision later.
HTTn HnTT0lIn TAI