Evening journal., 1914-06-17
WEDNESDAY JUNE II. 1914
HAnEL LAW NuLLmIED.

~ NDER the Webb-Kenyon law, passed by Congress,
u t IS legal for any person outside the State OF
Delaware TO ship into Kent and Sussex counties, this
state Intoxicating liquors to be used for lawful pur
poses.
Under that same law it Is legal for any interstate
common carrier 10 take such Intoxicating liquors into
either those counties and also is legal for II
TO deliver them 70 the persons to whom they con-
signed and such consignees TO receive them for
lawful use such as personal OF home consumption 1t
Is not however lawful for outside shipper to carry
Intoxicating liquors that dry territory unless they
are TO be used for lawful purposes. A shipper who
knowingly takes them there for unlawful use, commits
q crime He has however, the rather effective
cuse that he is not mind-reader.
Under the Hazel law, passed by the Delaware Legis-
ature It is Illegal for any person firm corporation
in New Castle county, this State, TO ship Intoxicating
liquors into Kent or Sussex counties for either law
fu or unlawful use there; for any common carrier
to receive transport or handle such shipments, for
any person in either Kent Sussex to receive them
Those are the salient points of the decision handed
down by the Supreme Court yesterday IN the OF
Van Winkle employe Of the Adams Express Com
pany which taken on appeal to the highest court
in our state The lower court is reversed and Van
Wrinkle goes free
Ia other words Deawares two dry counties are
thrown wide open outside liquor dealers and other
-i-ippers under the Webb-Kenyon law and those two
counties are closed to liquor dealers and others in
shipments are permitted ntrastate shipments are
prohibited.
That is an anomalous situation that is repugnant to
the pu3ic Of right, and that doubtless will
not be tolerated by Deawareans any longer than IL
shall be possible for to be effected by legisa-
tive and executive action In substance the Hazel law
becomes nullity I'm so far as it affects shippers and
dealers outside the State carriers and receivers
inside the State but remains in full force and effect
against New Castle county shippers and dealers and
Sussex receivers as New Castle county
shipments are concerned
tt certainly is not fair to subject New Castle county
shippers and dealers TO such a handicap, which now
win be Of no benefit TO either Kent Sussex county
but Of great benefit outside shippers and dealers
who contribute nothing to State
Even the most ardent advocate of local option OF
prohibition must admit that intoxicating liquors shipped
into Kent and Sussex counties New Castle county
will do no more harm than intoxicating liquors sen
into those two dry counties from other States MOI
can such an ardent advocate deny in fairness that
the people in Kent and Sussex counties TO be per
mitted to spend many thousands Of dollars year fol
Intoxicating liquors for lawful use that money shoul
be spent and kept in circulation in State ant
sent outside and lost to people, perhaps for
ever
The decision Of the Supreme Court is a signal vic
tory for the liquor men. With the webb-Kenyon Law
important element in the situation It is difficult
see what legislature do except to put IN
New Castle county shippers and dealers eQua
footing with those in other states.
Some persons may be disposed to criticize the coui
for having made such decision. It is incumbent upo
them to remember that the court is a law-nterpretn
and law-enforcing body and not law-making bod
It must take the law it finds it, Such critics ais
should bear in mind that the decision handed dow
yesterday follows generally decisions handed down
other States.