Every evening, Wilmington daily commercial., 1922-01-10
NlR INSISTS He IS
NOT SOLE V|0ATOR
oAyo ~ Can Substantlate
ohargo That othsr lawysvs
Fanod 70 Pay lloenss.

Oeo0xo mat O0ov laWyoSs
Fa~od 70 Pay lloenss.
Acting - counsel In dsfsnse Of him.
ooos Roeert AdAir yestcrt1Ay afternoon
appeAred before tho Court Of Gen.
erAl ecaelona, Chief Justice Pennewili
AAd Judx~ Richards sittinE and pre-
eenteA argument In support OF de-
uurrvr he has filed against an indict-
mont returned by the grand jury
chArUtns him with practicinE law
without having secured the state H.
cenae nccce.ary to 30 do. The legal
ngAt wAs madc on behalf Of the state
oy Deputy Attorneys General Clar--
ence Sutherland and Aaron Finger
A number Of lawyers came into tho
court room evidently to hear tho case
And appeared much interested In It's
developments. After both sides had
concluded their case Chief Justice
P~nnewili announced the court would
gsvs tn dcciaion on the demurrer at
10 o'ciock tomorrow morning.
At the very beginning OF the hear
ins Mr.. Adair announced TO the court
that tho case did not involve. SO far as
he wns concerned. the amount OF
money charged for the annual license
IN question. iie said to show his good
faith In tats phase ct the matter he
would depo~it with the sheriff or tho
cscrk Of the peace, but under protest.
tho amount of the license fee for two
y~Arr. $40. plus the costs OF tho case.
ve.so. He explained that the money
end ~ tho case was immaterial 20
him me- he wns contcnding for n rrin-
cipie.
Tho court Informed Mr.. Adair that
no could do IA he saw nj regarding
that matter and Mr.. Sutherland said
the state was not concerned In that
phase cf the case. Mr.. Adair did not
state whether he would insist on maxi
Ing this deposit.
Mr.. Adair's chief arguments I'm sup
port os his demurrer wero that the
Indictment as returned against him
wAs In violation Of the Constitution
~ the United States. that it was in
violation Of the Constitution OF Dcla-
ware and that II In illegal. irregular
and void under tho laws of Delaware
and without due proc sss OF law.
~" thcn proceeded TO show where
his arguments we're sound and quoted
~, said the indictment "a drawn does
not charge crime and that a man
cnn practice law all year and not vio-
late tho law. lie argued that IN finding
the indictment all things required un-
der tho Delaware law pertaining TO II
bad not been done IA they should have
Mcn. No contcndcd that the indict-
m.nt was defective IN several respects.
iie quoted the law wherein II Is
specified that I'm May Of each year the
sssessors shall make up list OF all
those who fall 10 take out tho license
and that a list shall be sent 10 the
attorney general. Ten day notices
then must he Aent TO the delinquent
he claimed under tho provisions of
the law. lie said this had not been
done for he had never received any
notice that ne had not paid his license
Zee. ltr. Adair said there were Others
then and since. and he could not un-
d~ratand why he had been singled
out for prosecution. He said 20 pro-
c~ed under the indictment a. drawn
would be In violation OF the Constitu-
ton Of the United States and OF the
law OF Delaware.
Mr.. Sutherland said from the states
standpoint no could not rec that there
were any constitutional questions In
volvcd In the case and the only con-
tention on the part of the defendant
he thought worthy OF their attention
wns In relation TO the incfiiciency OF
the Indictment under the state law.
lie. argued that the indictment was
sufYYcient and specific In all respects
and had been drawn in accordance
with the state law and In fact was
wcrded exactly as the law itself is
worded.
MIR. Sutherland here took occas-
ton to reply 10 Mr.. Adair's allegation
that there were and are other lawyers
who have not taken out the required
state license. He said at the time of
hearing tho case In Magistrate Strad-
l~y's court statements had been made
that only about 100 OF the 142 mem-
b~rs OF the bar had secured their
licenses. He said the records in the
once ~ the clerk Of the peace show
that ~ the 1a2 lawyers 1lo had Sc
cured their licenses: 1e were not resi-
dents of the state: 4 are members Of
tho judiciary; 10 are not practicing
Law In any form and one had not paid
hts license. He said he made this
statement because this phase OF the
oAae had been brought 10 the at
tention OF tho court by the defendant
himself. ~
In replying Mr.. Adair said he had
made an investigation covering the
last s wars and this showed that be-
tween - and 90 members Of the bar
bad paid their license. He said he
WNs prepared TO substantlate at the
proper time that he was not the only
enc who had not paid and he argued
that al who violated the law should
~ prosecuted the same "a he was be-
ing prosecuted. He said the charge
had come upon him like a bolt from q
IN DARKEN HAIR