Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-08-20

OF the paper and, coming from that source, we are
free 10 say that felt surprise its unfair
ness, for after the occurrence Of things have wits
messed, in the official course Of that individual moth
ing which he may do viii surprise us, whatever
Other sentiment it may produce in our mind.
The Cataract of the 1lth declared that "thc po-
lcal press of Worcester, s0ithosf ercetcn stand
directly in the way of the enforcement OF The present
qnor Iaw;' makng,at the time, special reference to
the Spyand this it did knowing that ofthe editors
of the Spy had advocated the passage ofthe law and
voted for it, that the other had always identified him.
self with the friends OF temperance, and that The Spy
bad uniformly taken and maintained the most de-
cided temperance ground. The only fact which
the attempt is made sustain this charge against
US, is, the admission into our columns, Of commu-
nication, intended to place before the public, in
fair and concise form, the reason why, by mfor-
tunate provision of law, the Police Court ofthis city
has authority to ndjadcate cases under the liquor
law. 1.-THE position Of The correc it
important that temperance men should
know and understand it, because il would be
unwse and unfortunate, both for themselves and the
cause, that they shonld persevere in the institution
ofactions which must eventually be declared ille-
gal. By doing SO, they would subject themselves, as
well as the officers of the court, to the liability OF
heavy penalties and damages, and would retard ralh-
than advance the ultimate triumph of the law
Ii the position was correct, then he the true
friend Of the law, and the cause, who put its friends
upon their guard against The dangers they were
posed to, rather than he who with blind and un-
discriminating zeal, would urge themino the DANGER
a. \ L..
ceivable good purpose.
But, if the posision was not correct it was open
to relutaton, and the Cataract would show more
wisdom in attempting to refute it, than in growl
ing at for publishing The article. But it has
done such thing, does it attempt to meet
the question, but by vague and general surmises that
that the decision Of Judge Merrck may be reversed
1t takes good care, however, TO conceal from its
readers, the fact, stated in The communication pub
lished in the Spy, that, precisely similar cass,
the point has been adudieated, in the Supreme Ju-
dicial Court, and an opinion unanimously given by
the Judges in conformity with Judge Merrick's de-
csIon.
One word more as to the unfairness of the Cat
aract. The article in that paper of the 18th,
y,
''teaching the doctrine that statute of Massachu-
sets, for the suppression Of liquor selling as
beverage, cannot be enforced in the city of Wor-
cester." The communication in question taught
no such thing. five have any such teachings
amongst US, they come from the Cataract The
object OF that communication was, simply 10 shew.
that, under the existing provisions Of law, as con-
strued by all our courts, the Police Court Of this
city has jurisdiction of cases arising under the
present liquor law. Just that, and no more 1t
might have jurisdiction under different law, even
more stringent than the present; and the Court of
Common Pleas have jurisdiction under the exist.
ing law, and cases may be there tried. on COM
plant to the Grand Jury, was expressly stated
10 that communications so that, if The 'sCorres.
ponding Editor of the Cataract has any desire TO
the law enforced in Worcester, the wavis
wide open for him, and every true friend Of his
race will wish him success in the efforts which
we are bound to expect he will make for that pur-
pose.
We might here come to conclusion, and drop
disagreeable subject, but we cannot forego
the temptation to present TO our readers, and es.
pecialy the legal portion thereof, an extract from
the editorial in the Cataract of the 18th, which
will shew the versatility which great minds some
times exhibit, and teach us that one who has made
divinity his chief study, may yet grasp the law
with masters hand. What debt of gratitude
the Judges Of the Supreme Court must owe TO the
corresponding Editor" Of the "Agilator and
Cataract" for the clear and luminous exposition
of legal principles, by which they will be enabled
10 reverse their former decision and thus give iu-
rIsdiction to our Police Court, without the inter-
yention of the Legislature We can see, in i'm
aginailon, the sef-complacent smile that PLAYED
upon the countenance olihe worthy editor, as the
profound idea entered his prolific brain Happy
man: WD would be the last person in the world
to disturb that self-complacency, or 10 create
doubt in his mind, of the business Of the estimate
he has formed Of himself or his powers. But we
are OBTAINING our readers TOO long from the ex
tract. Here ii is:
at Is admitted by those who take a view 3D.
posite to that Of our own, that the provision in
our city charter, which gives sexclusIye iurisdic
ZION 70 the Police court, Of all crimes, offences
ana mlsuemeanors committed in the city. - is ssin-
consistent with that clause Of the eighth section
OF the Liquor law, which provides that forIeitures
recovered under the law, "shaiI go 10 the town or
cit here the convicted party resides I, i ,h;s
pro vision o. the law, which learned Judoe has
cided, disquahes justice for irving o6encas
against the provisions Of The law, comm,,,es !"
the town or city where he resides becanse no
as a taxpayer, is an interested party The twen'
tieth, or last section Of the Liquor law, contains
the following language: "AIl acts and parts Of
acts inconsistent with the provisions Of this ACT.
are he reby repealed" That section of our civ
charter which gives to ou Police court exclusive
jursdict con Of all crimes, offences, &c. commit.
ted IN this city," is ''pau Of an act" and il
1t be, Ms siconstended, by those who differ from
Us, "iuconien" with provision Of The Lquo
law, and as the Liquor law contains clause re-
peahng ali acts or parts Of acts, Inconsistent
with It's own pr divisions. then il lnlln,ya as An In