Evening journal., 1919-06-14
HlRMAN Sees HOLE
in THE LOOSE LAW
believes Act Does Not Pre-
vent Liquor Holding in
State After July |
BJRCHENAL NOT
WORRIED OVER TURN

lihough Caleb Z. 3urchenal, atior
nd for the Law and order society
sals that attorneys who have looked
inb The Loose Liquor Law as passed
by .he General Assembly arc Of th'
opiion that law will apply to all part
OF ho state after July /, Robert q
Heman believes he has found flaw
inthe law which will allow Whining
tdians TO store NOR than one quar-
q liquor after July T.
Under the Loose law, as applied tc
ty counties in Delaware. it is crime
br a man 10 have more than one quar-
bf liquor or a dozen pints OF brew IN
his possession at one time. This Jaw
lis expected automatically to go into
effect here when national prohibition
becomes effective July 1.
Mr.. Harman contends that the act is
not properly worded. Referringto sec
ton , OF the Loose Law. he points out
that 10 applies 10 those portions OF
Me state Of Delaware where the sale
I OF liquor Is prohibited by law cnd
he declares that this could be con
ArlIed 10 mean those portions or the
daic where the sale OF liquors was
rohiblied al the time the Loose Law
tas passed, in February. 1911.
Mr.. Hartman explained that in order
% make the law apply TO those Por-
ions OF the state which might later 20
fdry" the law should have been drafted
to read those portions Of the state OF
Delaware where the sale Of liquors now
lis or hereafter shall be prohibited by
] law which would have covered the
case clearly and left no question Of a
doubt
Mr.. Harman further explained that
in criminal acts. under which category
comes the Loose act, the law mus. be
construed strictly 20 its language 1nd
cannot be extended by presumption
Of the intention Of the Legislature. The
law must be enforced within the letter
and not IFS spirit Of intent.
To substantiate this contention Mr..
Hsrman quoted from a charge dsliV-
cred TO the jury by Judge Boyce IN
the case OF the state ". peO, in which
the defendant was charged with sell-
ing intoxicating liquors TO q minor. In
the course Of his charge, Judge Boyce
said: This prayer calls for an inter
probation Of the word sell in the
statute. and il being a penal statute,
We must cOnstrue IL strictly and ac-
cOrding to its language. We must look
10 the words employed TO gather the
intention OF the Legislature. \ penal
statute will not BE- extended by impiica-
ton or construction TO cases which
may be within the mischief which the
statute was designed 10 cure. II they
are not at the same time within the
limit Of the act fairly and reasonably
interpreted. Hence an act not expressly
prohibited by such a statute cannot be
reached by it merely because il re
sembles the offenses provided against
or may be equally md in the same
way demoralizing or injurious.
Further on in the charge Judge Boyce
said. I'VE cannot extend the terms
Of a criminal act beyond its clear LEGAL
meaning" and he supplements this by
declaring that 1T is for the Leg'sla-
ture to define crime and 10 provide for
its punishment. II is not the province
u the court TO bring acts within the
scope OF the punishment Of the law
simply because IL may be thought tat
such acts fall within the spirit Of the
law"
Mr.. Hartman points out that this
raises a point that can easily be OPP
piled 10 the Loose Law. The Loose
Law is a penal act, and its language
SAYS that persons living in those por-
iions OF the state where the sale OF IN
toxicating liquors "is" prohibited by
law. and even though its spirit or in
,ent was TO cover those portions where
lhe sale OF liquors might hereafter
be prohibited by law, yet it does not
expressly say so and therefore cannot
he so applied and yet remain within
the letter OF the law. The case OF tine
state vs.. Peo was won fv the defendant
upon very similar question Of law
and Mr.. Harman is inained TO believe
hat a test Of the Loos Law. TO delcr-
mine its strict Interpretation. would
render it void so far Is Wilmington is
concerned.
Lawyers contend thai the Loose Law
does not apply to aiy particular sec
lion Of Delaware. bit to all portions
Of the state where ihe sale Of intoXi-
eating liquors is pphibited. and that
it will therefore automatically apply TO
Wilmington after tte sale OF liquors is
prohibited on Julyl. 10 is pointed ou.
ihat this law wen automatically into
effect in rural New Castle county after
that territory welt dry at the local
option election lst year.
Mr. Burchenal said: THE Loose
Law was framed to cover any part OF
the state which went dry and while
] have not looled into the question
carefully ] havebeen informed by at
torneys Of the dry cause who have
some over It wy carefully that it is
their conclusiorthat the law will apply
% the entire safe after July f."
Attorney Geeral Rsinhardt remark
cd that IL ws his opinion that the
Loose Law wuld apply TO the whols
State and tht IL would probably be
the attitude d his office 10 enforce the
law. although that point had not been
definitely settled yet.