Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1920-03-02
JAMAICA GINGER
CANNOT Be SOLD
As A BEVERAGE
Judge Hastings Holds Such Sale
to be Violation of Liquor
Law.
PENALTY ON DUGAN;
GARFTNKLE GOES FREE

The use Of Jamaica ginger here for be-
verage purposes received Ita death blow
today when Judge Hastings held that tht
Municipal Court has jurisdiction in cnses
Of alleged illegal sales Of liquor. This
decision followed argument which took
place on Monday of last week. when City
Solicitor John W. Huxley and Philip L.
Garrett and James Salisbury argued thc
point before Judge Hastings.
The question arose IN the cases oi
Joseph Dugan and William Garfinkle,
who were charged with selling Intoxicating
liquor without license, tho alleged
intoxicants having been Jamaica giner.
Judge Hastings sentenced Dugan 10
pay $500 fine and 10 be imprisoned for
three months, holding that Dugan had
made sale to Mae Clark and that he did
write note which he denied writing when
the case was heard. In this note Dugan
is alleged To have asked Mae Clark for
some more bottles.
Garfinkle was dismissed. as IL was not
shown that he had sold the Jamaica ginger
for beverage purposes. Philip l.. Carrot
represented Garfinkle and James Sauls-
bury represented Dugan. MIR. Salisbury
gave notice of an appeal in Dugan's case
and bail was fixed ut ri 900.
Judge Hastings decision marks the
end Of much controversy that has existed
about the various liquor laws, both State
and Federal. Jamaica ginger further conn
plicated matters but the passing of SEM
tencc on Dugan, who was charged with
selling Jamaica ginger ns q beverage,
shows that violators of this law will be
dealt with severely by the court.
THE COURT IS OPINION.
The courts opinion follows:
The defendant ia charged in the in
formation with selling intoxicating liquors
without license. The first and most
important question raised is whether OF
not this court has jurisdiction, Section
2l2l of the Revised Code of Delaware.
1915, defines the jurisdiction of the
Municipal Court "a having sole and
exclusive jurisdiction 20 inquire of, hear
try, and finally determine all thoae Grim
inal matters and oifeuses enumerated in
the Both Section of the ath Article of the
Constitution, and committed within said
city
The 10th Section of Article " of the
Constitution reads in part as follows.
THE General Assembly may by law
give to any inferior courts by IL cstab-
lished or to he established, or 10 one or
more justices Of tho peace, jurisdiction
of the criminal matters following
retailing or selling without license. or on
Sunday. or Ia minors, vine, rum, brandy,
gin. whisky, or spIrittious or mixed
liquors, contrary tn law,
Section 2l2l of the Code further pro-
vides:
'fTrhe Municipal Court for the city of
Wilmington shall have exclusive original
jurisdiction to hear, try and determine
oil charges OF carrying concealed deadly
weapon, and all violations of law with
respect to sales without license of intoxi-
eating liquors of every kind, whether
malt, spirituous, vinous or mixed, alleged
20 have been committed within the cor
porate limits of the city of Wilmington.
and TO punish all persons convicted of said
agreeably TO the laws Of this
State"
The hast session of the Legislature
passed an Act entitled IAN Act 10 Pro-
hibit the Liquor Traffic IN the State of
Delaware, and to Provide for the Enforce
ment of Such Prohibition, being Chapter
239, Vol me 30, Laws of Delaware.
Continued on page 2