Evening journal., 1920-03-02
GINGER Sale
AS beverage
IS unlawful
Continued from Flrs. PAGE.


Continued from Firs. PAGE.
quors without a license. The first and
most important question raised Is
whether or not this court has jurisdic-
tlon. Section 2i2i OF the Revised Code
OF Delaware, 1915. defines the jurisdic-
tlon Of the Municipal Court as having
sole and exclusive jurisdiction 70 In
duire Of, hear. try, and nnally deter
mine all those criminal matters ana OF.
fenses enumerated In the Both Section OF
the 4th Article OF the Constitution, ana
committed within said city
The 3Oth Section Of Article ~, OF the
Constitution reads as follows:
"The General Assembly may by law
elve 10 any inferior courts by II es-
tabllshed or to be established, or 10 one
or more Justices OF the peace, Jurlsnlc-
tlon OF the criminal matters ioHoWlhs'
that is 20 say: assaults and batteries
keenlng without license a public mouse
NJ entertainment. tavern, inn, ale house.
ordinary or victuallng house, retailing
or selling without license, or on sun
dav. or 10 minors, wine. rum, brandy,
Gin wblskey, OF spirituous or mixed
Iouors contrary TO law,
section 2i2i Of the Code further
provides: IA.
The Municipal Court for the city
or Wilmington shall have exclusive
original Jurisdiction TO hear try ai'
determine all charges OF carrying con
cealed a deadly weapon, and all Vlola
lions OF law with respect to sales
without license OF intoxicating hquor
az every kind. whether malt, spirltn
ous vinous or/miXed, alleged 10 haN'
been committed within the corporat
limits Of the city Of Wilmington. an'
20 punish all persons convicted OF sai'
.onenses, agreeably TO The laws OF thl
State
"The last session Of the Legislature
nasscd an act entitled An act TO Pro
hibjt the Liquor Traffic IN the stat
Of Delaware. and 10 provide FOR U
Enforcement OF Such Prohibition be
int Chapter 239, Volume 30, Laws o
Delaware
section Q Of the act defines intoxl
eating liquors in the following Ian
guage:
1.-The word, "llquor" or the phrase
Intoxicating liquors wherever use
in this act shall be construed TO IN
,ciude any distilled, mah, splrituous
yinous, fermented or alcoholic lquo
and all alcoholic liquors containing s
much as one-half OF one per centur
OF alcohol by volume. and compoun
whether proprietary. patented or no
which are potable or capable OF bein
used as a beverage
section 3 proh bits the msnufactur
ing selling or furnishing iniOxicaiin
LIQUORS within the limits Of this Stat
so long as the 18th amendment to IN
Constitution OF fhe United Ststes q
America is in effect, except as provide
In said Aot
.vrhe only provision IN said Act 70
iic selling OF intoxicating liquors
any Kind Is by a druggist and he sha
only sell after a permit Is granted D
thc Attorney General
"As the law now stpnds, lntoxicatln
liquors. as defined in this Act. lexceT
ting certain modic'nes hereafter refer
red to) can only be sold by druggist
after a permit is granted by The A
torney General.
Nff ENAE-tlNi iflF AA0' u % ff-t ~--N
or not the selling OF intoxicating
Euuors in violation OF Chapter 239 Is
crime thst can be punished by N
Court.
The LANGUAGE OF the Constiiutio
giving this Court jurisdiction Is retail
ing or selling without licenses or o
sunday. or 10 minors. wine, run
brandy, gin. whisky or sprhuous
vinous liquors eonlrary to law.
'This language Of rhe Constltutio
would indicate that the words wiihot
license. or on Sunday. or 10 minor
are merely DESCRIPTIVE OF what is col
trary to law. The language amount
10 the same hing as saying retailing
selling Illegally.
"The language OF the statute, Sectio
2i2i. gives the court Jurisdiction OF a
violations OF law with respect to sale
without license Of intoxicating liquoi
OF every kind This is no more tha
saying all Illegal sales Of intoxicatir
liquors.
"When the law legalized the sale
intoxicating liquors by granting
cense and prohibited the sale OF liquor
by all who did not have a license, u