The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-03
Assembly.
WEDNESDAY EVENINGS SESSION.

THE pEBAK PRomBIToRY LIQUOR BILL.
Mr.. PETERS, (whig) Of Gsnssss II desire to make ons
attempt to dispense with these evening sessions
The atmosphere u the ou,e is exceedingly deeteious
when crowded asi is in the evenin and desire to
that the Tenperaucs bill b, consc in after
sessions at half pasi three O'Clock Carried.
Mr.. PEERS then moved that the Temperance bill be
made the special order for 10 afternoon half
past three O'Clock, Carried.
The HouEe then went into Committee OF the WHOLE Mr.
Benedict in the chair, the bill TO suppress ntenpsr
anae. The amendment pending was Mr Bakers motion
- acrc the Sh section to strike out that portion
oi the whih authorizes search and seizusen
Lest
vr HA1cu, (wbis) OF Erie. moved to amend tbs oh
con, to require the comp silant 70 give the
facts upon which his belief is founaed when he socIts
warrant. Mr. Il. deemed this an.ndmsni necessary.
warrant upon insufficient proofproof thu, would be
deemed Sufficient to justify ths Issue Of warrant
care OF the aiE pest piisdemexnor.
Mr.. D. p. WooD, (whig) Of Onondsga, thou rat some
smendment to this Eecdon necessary; and this
amendment good far 1t went, bat il 20
ffr ei ough should be made to comply with the pre-
Mt rule In other II should enable the magistrate
to exact statement of facts and circumstances snt
TO conyincs hs magistrate that the issue OF warrant
Mr. 4hERs-N This section stood alone. the amend.
msnt PROPOSED would be ysr but there are other
Mr. hnIER (vhig) Of Suffolk Il concur 10 this opin-
Of the sufc.rcy OF the complaint BY the
of angie perEt but by that Of "taree credible wit
pessa" This shSuld be sufficient an the section 10
question Ia the same IS tha. in bills o, b nlar oharac
ter Ia other States
NJ MALLORY (whig) o. oatario--I AN opposed to max
ing this bill epton ~ all other unless
indispensable to give TIE efficiency In my opin.
ion this Is no. necessary, and hsnos in favor OF
hf amend ment am 10 favor OF IT, also, because
Information or belief Is not sufficient to justify
the OF warrant Reasc for the belief should
b. stated in detail TO the magistrate Bssldes ~ the
hF s-ai
the Affidavit required OF complainant and desire
to guard sgant every abu,e under this law the
amendment proposed, or some similar amendment, may
beadoped am not exA,tly pleased with the language
though approve OF the prit and objsct Of the amsnd
mspt.
Mr. P. WooD proposed 10 modify the ariendmsnt 40
70 proycs that" whenever 1t sh Ill be made TO appear
the saif.oion Of the magistrate BY two more per
Mr W. b. WooD, (nationsl den) Of Catsarugus did not
er,ctly Ike The amendment LIE wished that the fact
fhoud be made to appear merely TO the sataotion
ei the justce-but 10 sypea- In fact
Mr. d WooD had no objection to such modification,
nh. ugh be considered i unne'es. Tae statute s1
poets that facts will be presented which would be sats
factory to any impartial mind before warrant shall
iaue
important section Of the bin 1t allowed the right OF
search which prohibited BY the constitution except up
on ltiosg grounds It's questionable whether the bill
trusted that the last amendment might prevail.
Mr. BAKn CHG Of kontsomery-I am glad that the
friends OF the bill have at length to the ooncIuson
that IT may be amended. As stood II was
drry BILL unlike any OF the criminal statutes in this
exctdrsy sbiI,ry in itself and Offensive to the cons
tuition Thi. amendment would improve the BILL and he
defirsd It's adoption.
gsst that the amendment be modified 70 az to read,
and shall set ferth the facts and crcumstan,es upon
witch such belief "a founded
Nj. u. p WooD-rhis Is subsantisly III. pro. .osieon
q the gentleman from Erie, (Nr Hsicn) who has
esptsd The proposition which offered Il woui cot be
srd yet the justice rot be satisfied o, the OF
,hose facts he must be satisfied, however, II this bin
made te conform existing recognized rales
of evidence. Bat the amendment 90 last proposed s
adopted, the justice viii have TO issue the
Whether the faet and orcumstances related safety him
rot
M Lu11EoHs, (rhig) o, osregs-Ta. bin Intention.
sly tooS out Of TIE hands Of usice the right TO
Ire o, the bill ev3eny feared that there might
be magistrates who would be opposed 70 the execution
otths law i therefore compelled the magistrate ip
piled 70 TO Issue warrant when sought for BY "hres
credible vitressesn will oppose any iment which
msy weaken the bill or In the least It's efficiency
Mr. MALLORY Tae word "sstsfsctory," "a underssnd
II, IL rot nor In the proposed amendmsnt II II
there, hoveysr. he woui d be opposed TO II.
MI D. p. WooD-Tne word is stricken out 80 90 to
make the language CT the bill conform to existing
statutes,
Nr Inn,Jon-I .n not yet convinced Of tas propr.ty
q tnia endment Tne justice should be compelled to
ssce. earrsnt on the application OF "three credible
-hnefsea whether be Acknowledged himself satisfied or
not
Mr. MoREls (nstionsl dem OF Kings deemed this the
osly protection which couli be thrown around tbs c
zsns q the state against unvar.n able search ana no
Was gac to ses some OF tine friends OF the b at length
apIarently willing pay some regs,d to the rights Of
te people. And yet the amendment was not all he de-
sired The words " f,tsfaction OF the JUSTICE should
remain, becaufe magistrate should be eompslsd TO
Issue warrant against his owD judgment,
Mr. JOY Was entirely opposed 10 the amendment II
vas row before the House He wished 70 take kl
diserttonsry power from the magistrate except dsciee
upon TIE credibiy OF the three witnesses required .
make AfhdAvit BE would have the " fAcs and cireaa
At,poes" detailed, but he would 10 no further
MI BAkER-rhe avowab os OF the fri4nda Of this
bill should alarm the people One OF them ayoSs--the
eaderthat magistrates should not trustee with any
diseretionsy power whatever This would os Ia conAic
with All the rules OF criminal Law recognized BY
satutes and yet this what 10 be the purpose
OF some atleAst OF the friends Of the hill
MI sTnIsG, Gree soil dsDi) sf Dotchssf--Ths Law
should Be drawn so 40 accomplish it purpose. Unless
ays had-it would be vaony inopsratvs 1t Is no slAa