The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-29


seizure Of 1888 kegs Of guupo~der tue 5th ast.,
the hearing, decided to coadscats the whole OF
he Fire DepN tment the proceeds when sold to be
pristed for the benefit OF the widows and orphans Of
members Of the Fire Depart nsnt.
he following is the dscision:-
accordance with section seventh Of act in relation
upp0wdsr, passed May IL, 1916. information laid
ore BY John Crassp, of he nre wardsns Of the
OF New York Of the seizure of 7s3 kegs of gsnpow.
Oh the 9Th OF November, 1868 from on board of the
gs Easton, lying in the slip and alongsde of pier No.
last river the easterly side OF the per- and there
On, in accordance with said section seven OF ssd act
proceed to inquire into the facts i'd OF
pa alleged violation and sezure whsn Mr. Dodge ap
red 81 for the claimants OF said POWDER ana
ler counsel for the Fire Department
On the part of the Fire Department evidence was ad-
bed to show that ON the 9Th day OF November 1883,
al boats loaded with kegs Of gunpowdsr, were seen
ming from soop or schooner lying in the stream from
hundred to We hundred yards distant from the pier
hat the small boats taken into he slip and the
er taken from them and placed board of the barge
3ston lying alongside Of the ey side Of pier No.
Il river-hat notice thereof was given at the Office OF
J Ere wardens, and thsreupon John Csssin, FIRE
rden proceeded to said pee, and there remained I'M
at board Of said barge Easton and in form made
cure of said gunpowder- that attempts were
bn made to get the barge out Of the Slip but
kt they we're prevented from doing BY the warden
consequence Of which a scufiie ensued between the
den and the agent of the boat (Ar. Branard) which
ulted In the arrest OF Mr. Brainsd for assault ing the
rden; that the powder subsequently, removed
the barge to the magazine where IL was a.csrtaned
It there were 78S kegs Of powder, and that the kegs
re In . leaky condition, much that the powder
led ont Of them as they were being removed.
The claimants did not deny that the put
board of the barge, but insist that the barge had
bit to receive it. and that the warden had authority
seize the gunpowder II at all until after sunset, and
kt, in point Of fact, the had not set whom the
WIDER was Leised and that therefore the seizure was
kgai
During the examination the claimants introduced seve
respectable witnesses to prove that the sun had
Was partially under q cloud and that but for the in
ference of the warden tho barge wo1d have been got
~ tho lit 49,
ms are presented to for consideration, Wis.,
Was the gunpowdsr legally and rigaully seized BY
fire warden In accordar CO with the act of May IL,
6S it not, the 1t must Do delivered up to the
kimants ID. II the powder legally and righttuly
xed BY the warden, the facts and circumstances
such violation and seizure such az to require
In tie exercise Of q sound discretion to
j the powder to be delivered up to the claimants
considering these questions it is necessary look at
act in question and endeavor to clearly ascertain what
the intention and nearing of the Legislature in the
sage OF the law, and to If such section can be
ued to make them consistent with each other and
Jus form harmon ious and entire law The frs section
theact in question provides that il sha not be Ia yul
except as provided in this act-to have keep any
antity Of gunpovder in any one house. store, building,
other place In the city of New York. nc.
rhe thi section of act provides that actual dealers
by have Ave quarter casks OF gunpowder at time
walk in front Ct their stores TOR the purpose Of pack
& the to send board Of ell &C.. and that it
lay be carried through TIE street in the daytime If
brely covered with leather canvas bag CASE to
sse &c., &C., and that the vessel be ore shutdown must
Section four provides that any vessel arriving in the
krbor Of New York. and having than twenty eight
unds of gunpowdsr on boaro, SHALL within forty eight
burs after the arrival and bef such vessel shall
roach within three hundred yards of any wharf pier
p to the south ward of line draw through the centre
Sixty second street. the gunpowder TO be la nded
means o! boat or boats, At any place without said
mits, &c.
Section ave provides shat 1t shall be lawful to transhp
lch gunpowder from ono ship vessel to another for
ls purpose of immediate expectation without landing
kch gunpowder but that il shall not be lawful to
roach with the same within three hundred Of any
har pier or slip in the laid city, the southwark Of the
Section twenty is follows The penalties and provs
pms Of this shall not extt nd to any vessel receiving
any wharf Of the city, within three hundred yards
hereof after sunset or 81 any other place whilst having
unpowder on board.
These are I'll the provisions Of the act relating to the
lse under consideration The claimants counsel
ended that the first section of the act did not include
els targes but only referred to the land. This,
mink is ntirely view for the section is
broad in Its terms and oomprehends the entire city
New York. southwark of the line expressed to its ut
lost limits whether on the ships or the nd and re-
,tsne to be provided by the legislature The words
other place. apply with much force and distincness
vessel lying In slip evea though she were at au
seems to me that these words were used by the
legislature because they compr' bend every conceiv-
Bile place or thing, no matter ~ what name known,
thin the limits Of the city southwa Of the line speci
ed, and canr OF, therefore, but conclude that vessel
= baroa living at any Mac within thu Imits ., tho
nv ia piscs within The mespioU OF the act and that
n mia vful To shaye even for yerv limited ana ,e Of
me any amount of eunpowder within ead limits except
permitted by the act The Question then arises does
be section of the ACT It with and render
urstorv the la clause of the fifth section or does II
sfer TO Some other secti of the act And thus
18th the WI ole law The third section of the act pro
des for the shipment of on board OF
ling at any wharf pier or slip below the line pscife6
Mt does not in words EXEMPT the powder from seizure
houeh 1t does exempt it by .implcationu There are
other sections of the law that would by i'm pc
lon the TO seize found on board
anv vessel and in order % prevent anv misunder.
t,rdpg' OF Troyision 80 important in It. effects
non commerce the legislature inserted this Goth SEC
ON, eiiyely exempting gunpowder from seizure be
,re sunset when found in vessel on board Of which it
ad been received Is freight as provided in section Sd
be act critical examination of the wards In the
scou would only seem to exempt the vessel wing
ovder on from seizure before sunset aad not the
WIDER itself but an the no yer to seize vessel ia not
xoreasy DELEGATED IN anv mart of the act jn.lina
think that shs Ala No. intsna to conssr
uch ertraordnsrv ROVER. and onv therefora "a
ia the This section win the cesr and unnas
.kable meaning and Intention Of the whole Act hv "a
srrn ~ ~ ssct;or al ~ tn. ar, On siona rc,de
A. The frs;ybtnc q. onnnovdar section If The n
SA6 univ refers To the t,arshin nent of 0unnowder
nm ana vass.I 10 another and soecises vhsra the
n pshnment NAV be made 4, wit in the harhor
Nav York. It : point not less distant from
nv wharf pier or sin than three hundred Yards and
has no reference to the rsceyog on board Of any YES
al "A Freight tte ouantitv specaad in section three