New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-01

Inc property was taken BY q wsrraai issuei n 70
eorusnce viii he provisicss Of tie l.w 81 Ii. sa:.
ss1asd' An Act for the Suppression Of Drinking
nee.es and Tipping shops passed ., the May .cssion
% ne General Assembly. ls-e The plaintiff l. . eli
Yea o. the stsse ofNew Yosk and a. SUCH has right
70 Come TITO this Court and claim hearing for bis
case' hi. righ Il guaranteed 10 hin BY the Coast
'uuon OF The land. ard 10 right Of such vital inpor
~nee TO every citizen Of the country. th1t we should
nenher Web nor seek 10 AVOID IL lie contends ths ne
deprived Of thai By Jury ~ the operation Of ths
ec under which the procce1ip ssaint hrn uere com
- and tnss he has bern cut Cd from me spseay
ssd pubic uiai guaranteed under the Constitution "
INC srtGn oi tie Court claiming Jurisdiction IN The
The Juise son1s length comm snsed upon the guar
enfees eontained In the ION section u srice 10 OF the
Consnilfson, that a. persons excused Vi crime saa DC
eifled 10 trfd ty Jury, speeiy AMI pahl: trsi,
and the privilege Of confronting his secu'crs and qu,s
toning wfnepsea The night OF trai by jury (he con
ssdered) was 70 be enjoyed IN al cases where bad
been usu previous 10 the adoption OF the Cons:tuoa,
and in all criminal cases the riyht wa - r-maa nvo
revieved the prpceedmrs under r. By the llth sec.
tion 81 the set any three voters Ia the city.
where the complaint sdsll be made, shsn maze oath
that they have res.on % eeLe'e snd 40 eeheve tas
suthorizcd eel, the wnrHyi OF scsrch may be
sued and the officer serving the saline shaB seize sasa
liquors be may find, and convey the same u some
proper place Of secury 20 await the anal seton 10 the
case bot this section dess not spply 70 imported liquors
In their Original packages. Under ihn section of the
oct ere these proceedings cOumsnccd In reviewing
The preceding, Judge Carts noticed tha NE act ".
in conflict with the Consrton- since 10 secure trial
~ Jury the defendant obligated 20 md security
IN the sum Of 500, for the payment OF any
penalty that might be Inflicted upon hn IN
security. for the payment of prospective penalty. Wa
not only unoonstnaonal but unus In "a besrins Such
provision the General Assembly bad right To make
bal II might pass law that persoa accused mi hs
be condemned without trial since tie action OF the
law WINS 10 deprive person accused of he liberty or
property without hearing. The section was aIse N
conflict with the lith scction OF Article IL, Of the Con-
sttution. which provides that every person shall be
deemed innocett until proved guilty the requirement.
therefore Of the security for the payment Of pnstes
that may be imposed curiosity In our national urs-
prudence.
The Judge then noticed the increase Of penalty pro
rded In the 9th section in Of conviction upon sp
peal TO higher court as unjust and Unconstitutional He
could mot the justice Of the increase 10 double costs
in the appellate Court, when the offence the same
and since the action beng Clearly criminal one the
defendant Is entitled to jury trial Tue eSe ws
against the and not se Enst the property and yet
this act against both wheu IL should be against the
only. The oct itsolf acknowledges property In
liquor since makes lawful for certain persons 10 sell
10 and does not interfere with at all when IN th' pos
eeeson Of chernists artists manufacturers, - nisy
have occssion 10 use thcm Ia his Art or trade.
The act 3 unconstitutional inazIuch as u not neccs
cary under he provisions 20 name the owner OF lne
seized This feature conflicts with the l0'h section OF
Article Of the Consultation which declares thai tue
srcuscd shsn be made acquainted with the nsture OF
his ofensc BY this oct there s no limit placed to IT.
action THERE'S necessity to name an owner, or give
description Of the property. Who then 10 10 be con
sdered ne owDerf VIII the Court try all owners. or
will select and dscharge the others, and the
defendant reaches jury trial. shall he be deemed
common seller s,though not named in the warrant
The Judge doubts the sufcicncy OF simple declaro
ton to warrant the seizure of sprtuoas liquors In ecr
storehouscs in want Of proof Of intention 10 sel
otwttanding the accusation He remark ID that there
certain points IN arguments OF counsel IN the case
which he did not think IL necessary to notice not being
essentially necessary 10 the DECISION although they IN
yClvcd principles upon which he ELJuld pass were they
ever brought before him.
In conclusion he gave a. his opinion hat the LIQUOR
taken ia rtple,in was held under invalid proceednys
instituted under uDcons,ii Iona act OF the General
Assembly that the order Of the Justice was invalid AMI
unconstttonal a. the case u Of criminal nature, snf
the defendant hos right Jury trial that the act IL
unconstitutional SINCE virtually denies hun such right;
fkat there defect the process by which tho liquor
was seized not nancndabe as la ordinary cascs OF error
In criminal compsint-nni consequently not due pro-
Oi law according % the ssues VI the land, aud
that the action OF the Count OF Magistrfcs was invalid
and imperative, inasmueh As the Court exceect IL u
risdicton in the matter He therefore gave judgment
for the plaintiff the demurrer and said that he saw
III to institute suit for damages he had right 40 20 do
In this Court the amount Cd such damages 10 be DECIDED
by Jury.
Thus has enicd moet exciting cssr. and the com
muny which hasecn more or less IN sts'e ut ferment
since the commencement III the trisl viii now suhside
to i,s usuaI calm The law 10 dead for the while, and
rum will haves triumph for season.-un'il the Legs
laiurc hrs had amend the law A. To bring With
In the constitutional limits marked out ~ JUICE Curte
whose decision. by the generally admired for the
iarncs, and elesrnes- with which he LAS treated the
VARIOUS points In the case.
Az cose my letter The opponents OF the law firing
guns In honor Of defeat The friends Of the law greye
the overthrow Of the dam to the stream OF nempcr
ance which hs 90 long flowed unchecked. and watch
they have cndcavored to stay. The righteous srieve
when the wicked prevail. Ever thine, WIS