Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-02-14
ANTI-SALOON Bill
is PASSED BY House

It be voted on by the legal voters OF
the two counties.
The bill passed yesterday eliminates
two features that had been strongly
objected 10 in the original bill. One OF
these eliminates that part OF the orig
inal bill which provided that the at
torney-general in prosecuting liquor
law violations should accept the aid
OF the Anti-Saloon League attorneys
and the other eliminates the section
that provided for search and arrests
without a warrant.
The bill as passed stipulates that IL
shall be unlawful for any person OF
persons, corporation, firm, partner
ship. association OF collection OF in
dividuals living, residing or staying in
those portions OF the State OF Della
ware where the sale of liquor is pro-
hibited by law to receive directly or
Indirectly liquors from a common
carrier. or 10 have in his. her, its or
their possession, at any one time,
more than one quart OF spurious
liquors or one dozen pint bottles OF
malt liquors. The penalty for viola
ton is the same as for the unlawful
sale of liquor and includes conhsca-
ton.
Section 2 permits the attorney-gen-
eral of deputy to grant a special per-
NIT for the shipment OF liquor re-
0uired for legitimate manufacturing
or scientific purposes, the quantity not
being limited. The person or con-
Germ seeking such a permit must
make affidavit as TO the quantity re-
Quired and the use TO which Il IS TO
be put. A false affidavit viii be pun
ishable the same as false swearing. a
false affidavit also being regarded as
a forgery.
ANY individual common carrier or
other carrier who delivers liquors in
dry territory in violation of the law,
to a point OF transfer. shall be liable
TO a penalty Of $50 to $500. and in ad-
dition for a second offense imprlson-
ment for thirty days to six months.
An individual will be entitled TO
take into dry territory for his private
use one quart OF spurious liquors OF
one dozen bottles Of malt liquors. The
delivery Of liquor for medicinal and
sacramental purposes is also permit
ted Liquor can be shipped through
dry territory.
Each package of liquor shipped in
violation OF law will constitute sepa-
rate offence.
ANY public or private carrier, car
rying, transferring or delivering hq-
uors in violation Of this section, in
automobile, motorcycle, carriage,
wagon. boat. vessel or other convey
ance," the bill says, "shall be sub
ject to the fines and penalties pro-
vided by this act, and in addition
thereto conviction of such violation
shall work a forfeiture to the State
both OF liquors and also OF the con-
veyance by which the liquors we're
carried, transported, transferred or
delivered into the territory where the
sale of the same is prohibited by law,
and the said conveyance shall be for
feited TO the State, sold at public auc-
lion and the proceeds arising from
such sale devoted TO the good roads
fund OF the county in which its VIC
lation occurred. and the liquors shall
be forthwith publicly destroyed by
the order Of the court" Forfeiture OF
which does not apply, however, where
The owner can prove that it was used
Illegally without his knowledge.
All intent to conflict with the Fed
eral interstate commerce laws is ex-
pressly denied, and the law is inoper-
alive in the event of there being a
conflict in any particular, The manu-
tacture OF homemade wine or cider
Is not prohibited.
The bill provides that at shall be
unlawful for any person within the
state of Delaware wherein the sale of
liquors is unlawful, to advertise or
give notice by signs, billboards for
himself or another. OF the sale or
keeping for sale of liquors, or to cir
culate or distribute any price lists
circulars or order blanks advertising
liquors. or publish any newspapers
magazines, periodicals or other writ
ten or printed papers in which such
advertisements or notices are given
Or permit any such notices or any
advertisements OF liquors Including
billbOards) to be posted upon his
premises, or premises under his con-
trOl, or to permit the same TO so re
main upon such premises; and any
pne guilty of the violation OF the pro
visions of this section shall, upon con.
viction thereof, he fined not less thar
$50. nor more than $500.
While arrests cannot be made withou
warrants, except the offense is witnesses
by the officer making the arrest, the bill
authorizes the issuing of warrants b,
Justices Of the peace on information lai
before him or on a1idavits of person
expressing belief as 20 supposed viola
tons regarding the manufacture, sal
or storage of liquor contrary to law, tn
warrant requiring the arrest of the Of
fender or suspect and the searching o
the premises, followed by the seizure o
whatever is found as being kept Their
contrary 10 law. This includes bar fix
lures and other equipment also. If tn
defendant appears TO be guilty he mus
be held at least in $500 bail for court
The finding Of. liquor in excess Of tn
legal quantity allowed an individual o
Of n United States liquor dealers Ia
receipt will he taken as prima facie evi
denee against the person named in th
receipt and the owner of the premise
and the principal and associates can b
held for trial. An internal revenu
certificate will also be regarded as prim
facic evidence.
The stage had all been set by thu
Ndry" leaders for final action on thu
bill. and il was this fact that in
censed some of the vets whit
claimed that something had beer
pulled over on them" They claimed
that even some Of the "dry" member
OF the temperance committees of tn
two houses knew nothing OF the i'm
mense delegation that marched OF
Dover yesterday morning for a hear