Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-06-30
"WETS and ''DRYS"
ALREADY Clash
over CAMPAIGN

CONTINUED From First Page)
or and Hamilton Will go ahead and
appoint dry and wet" registration
officers, II was announced
Governor Townsend, last night ap-
pointed Timothy J. Mooney and James
II. Kano as the wet" representatives
in the special Department Of Elec-
tons that is to conduct the wet"
and dry election in Wilmington in
November The "wets' had failed to
submit a list Of names in accordance
with tho resubmission act. and the
Governor made tho selections himself
and notified Mr.. Mooney and Mr. Kane
by telegraph that he had appointed
them.
MIR. Mooney IS connected with Fran
els Kelly and Company wholesale
liquor dealers. In 1913 he represented
the Fifth Representative district OF
Wilmington ip the Legislature and as
a member OF the House made an ex-
cellent record. Mr.. Kane is proprietor
OF the Hotel Wilmington and presi-
dent OF the Retail Liquor Dealers As
ISOLATION. Dir. Kane stated this morn
ing that he had received a telegram
from Governor Townsend notifying
him OF his appointment, but he did
not know whether he would serve or
not Mr.. Kane also said he did not
think list OF names had been sent
to the Governor by tho "wets" today
for him TO select from. but was moi
sure. The resubmission act sets ont
that the Governor during the month
OF June shall appoint FIVE persons to
BIO known as the Department OF Elec-
tons 10 conduct the election from
lists submitted TO him by committees
representing those for and against
license. As today Is the last day OF
June the "wets" could have submitted
list today, but il Is understood no
such list was submitted.
The "drys" submitted their list the
latter part of May and yesterday at
ternoon Governor Townsend appoint
ed George NJ Fisher. William p.
White and Joseph S. Hamilton az
list.
II is practically assured that the
legality Of the act Will be tested in
the courts az an early date. The
vets viii likely contend that the
Governor has no authority under the
Dill TO make any appointments I'M
less list is submitted by a commit
tee representing those in favor OF Ii
cense and that there is no such COM
mittee TO present the list.
The test may come from the Levy
Court, which body. while having moth
ing whatever to do with the carving
out or the provisions is REQUIRED 10
pay the bills, which may amount to
100000, in the entire county. The
Levy Court has already questioned the
matter. and will refuse to pay out any
money unless the act Is declared con-
stitutional by the court. The bin has
a provision which states that the de-
claring OF any section OF the act nm
constitutional VIII not nulllfy other
sections. which would seem TO mean
that even though the Wilmington sec
ton might be held 20 be unconstitu-
tional the election could be conducted
in rural New Castle county. There Is
some question about this now, how
ever, since the Levy Court has gone
on record as refusing 10 pay out any
money unless the legality OF the act
Is declared by the court. Under these
conditions the pay OF registration OIL
GERS would seem 10 be uncertain and
some may refuse TO serve under such
conditions IN the rural hundreds.
The Levy Court yesterday afternoon
adopted the following resolution pre-
pared by Attorney Speakman:
Whereas, great uncertainty exists
as to the constitutionalty OF tho act
entitled An act providing for the re
submission TO the qualified electors OF
the remaining part OF New Castle
county as one district. as mentioned
in Section 2, Article XIII. OF the Con.
stitution OF the State OF Delaware,
the question whether the manufacture
and sale OF intoxicating liquors shall
be licensed or prohibited within the
limits OF the said two districts in
accordance with said article XIII Of
said constitution and fixing penal
ties for the Illegal manufacture and
sale OF intoxicating liquors in either
of said districts wherein there shall
be a majority OF votes cast against
license
And whereas. Under the provisions
OF said act no duty Is imposed Upon
the Levy Court excepting the dusy
OF approving the bills contracted by
persons. and bodies other than the