Every evening, Wilmington daily commercial., 1920-02-24
JAMAICA GINGER
CASE IS PUZZLE
Attorneys for Defendants Argue
as to Jurisdiction of City Court;
Decision Reserved.

Judge Hastings of the Municipal Court
heard arguments Yesterday afternoon
bv Philip l.. Garrett and James salisbury,
representing Joseph Dugan and William
(,arhnkIe charged with selling intoxioat-
t;ne liorors without n license, and City
Solicitor John w. Huxley, lr., repre-
srptinc the State. on the question OF
whether or not the court had jurisdiction
in the case.
This is known rs the Jamaica Ginger
Case" and the whole question seems to
have developed into a legal tangle, IN
which the Loose law, the klalr amend
ment adopted by the last Legislature,
and the national prohibition amendment
all figure, but just how much and where
and whv, has not yet been determined.
At the conclusion of the argument,
Judge Hastings announced that he would
take further time to consider the question,
and said the cases Of Dug8n and Gar
hnklc. 10 come no in the City Court this
morning, would be continued for a week
According to the contention ef Philip
l.. Glrrett, and James Salisbury. repre-
scntihg the defendants, the only act as to
the prohibition or regulation of the sale
of Intoxicating or alcoholic beverages,
for medicinal or other purposes in force
in Delaware. is the klair amendment,
which states in it's first section that
"This entire act shall be deemed TO be an
exercise of the power granted by Article
is of the Constitution of the United
States and the police power of the State
for the protection of the public welfare,
etc. This act IS in the nature of State
law for the enforcement, or TO assist in
the enforcement of the Federal amend
ment.
All other powers in regard 10 the
enforcement of prohibition were sur
rendered to the Federal government
when Delaware ratified the Eighteenth
amendment. according To the attorneys.
There seems 20 be a conflict of authority
between the Nolstead act to enforce Fed
eral prohibition. and the klair amend
nent and the old excise laws, and the
ATTORNEYS on both sides admitted that it
was very much of legal tangle. The
court was of the same opinion. All
parties regard Alc dccisiop and settle
mcnt of the points at issue as being very
important and possibly of far-reachIng
effect. in the future administration of the
laws as TO the sale of beverages or liquids
with more than one-half of one per cent
alcoholic content. This Is very much
the case in regard 10 the sale of Jamaica
ginger. IL seeming tn be the opinion of
itlG EOlfh tEt1t tttfAltA AItt 11NC IL AtAtf AiNN
are. there is no prohibition OF the sale of
that compound with or without license,
III any amount or to any person None
Of the points at issue were decided,
however.
The issue as 10 jurisdiction was raised
by attorneys for the defendants at the
first hearing of the case. Their contention
was that under the klair amendment the
case should be tried in the county courts.
while City Solicitor Huxley insisted that
the Municipal Court had jurisdiction
either under the new or the old laws.
The bringing Of the national prohihi-
ton amendment into the consideration
If the case only adds to its complexities
Nh Huxley pointed out that the Vol
stead amendment permits the sale of
Vinc for sacramental purposes, OF alcohol
for medicinal purposes from regularly
qualified pharmacists who have the
necessary permits. But it specifies that
such articles as Jamaica ginger shall not
he sold for beverages purpose. The fact
that Jamaica ginger Is not manufactured
for or as n beverage, but for medicinal
purposes IS to be considered.
The kalir amendment, according 90
the CITY solicitor, permits tho sale, but
fails to exclude jamaica ginger for
beverage purposes. lie further contcnded
that IT, as some attorneys insist, the
national prohibition amendment auto