Evening journal., 1914-04-09
law JUNBLE
SENDS Saloon
CASES OVER
Does Act Of 1873 or That
of 1881 Garry Judgment,
Judge inquiries
TO HEAR new ARGUMENT
commencing april 23

Although Judge Churchman was
expected to hand down decisions to-
day in the cases Of Thomas NJ Null
lin. Nicholas Caruso, Edward Krause.
Andrew Casey. Edward Fahcy and
Joanna Haniey. saloonkeepers who
are charged with selling liquors az
more than one bar within respective
saloons. a violation Of law as contend
cd by the Law and Order Society the
decisions were not announced, the
court desiring TO hear more evidence
on the questions involved. When Tho
court opened several ministers and
members OF the Law and order So
ciety. lawyers and saloonkeepers
were present. Judge Churchman adj
dressing the parties concerned, suid
"The Court requests new or further
argument upon the following mate
ters:
1). "Thc statute law of this State
requires the place where the licensco
desires 10 keep an inn or tavern TO
be particularly designated In the APP
plicatlon. If the application Is 'ap-
proved and the license thereafter Isl
sued. designating such place by street
and number only. or at the corner Of
certain named lntersectng streets,
can the licenseo justify a sale under
such a license2
(2l. "The statute law Of this State
provides that all licenses to sell In
toxicating liquors shall be granted 20
the tenant or occupant of the house
described IN the petition. Can H.
censee justify sale under a license
which describes house by street
and number only, or az the corner OF
certain named intersecung streets
f3l "The statute law OF this state
provides that The court may or may
mot at their discretion approve of any
appiication, and IN order TO satisfy
themselves fully in regard to the
lproprictv OF approving the same. may
receive remonstrances and hear evidence
land arguments Tor and against the same
h,nder sneh nllcs a. said court may deem
proper. and may establish general rules
Tor that purpose. II amy application
shall be approved az herein provided,
j.. the court shall endorse the word zap
proved thereon. and sign the same with
the date of approval u IT. the intent
p land meaning OF the foregoing provisions
J. lof the law. that the approval relates
only to the propriety of granting the
q license. or in addition thereto, TO the
/, form Of the application as complying
! with all the requirements OF the law
> f4l "1he state OF Delaware having
granted to "a licensee license TO sell
I Intoxicating liquors in quantities less
than one quart to be drunk either on or
/. lof the premises, under the hand OF its
:. Governor and countersipned by its Sec.
Y retarv Of state, which states therein
that the requirements Of the law in or
/, der to obtaining such license having
!, been complied with is such expression
/. conclusive that the lcensee has in TACT
complied with the requirements OF the
: law
(5D oln case OF conviction, are The
penalties Of Section 10, of Chapter AIS
! Volume "a. Laws of Delaware, passed
= April 10. 1873, to be imposed; or are
: the following provisions in Section 10
: Chapter 3s4. Volume l6 Laws OF Della
ware. passed April 3. 1881. (which
! chapter expressly repeals all acts o.
,parfs OF acts inconsistent therewithl, ia
. lgovern and control
= Every violation OF any provision
= OF this act. or OF any other act regu
Z lating the sale Of Intoxicating
= Huuors. shall be a misdemeanor; and
upon conviction thereof, where nc
= other specific penalty is herein pro
1, vded. the offender shall pay fine
of one hundred dollars. and costs
q Of prosecution; and shall also be
Continued on Page Eleven.