The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-11

fFrOm the Detroit Tribune, August Al
The effect Of the prohibtory liquor law In Michigan 10
beautifully illustrated by circumstance Formerly,
and before that law enacted the bar Of the Bdde
House WAS situated In the basement back from the pub
lie street. and entirely secluded from public gaze 1t is
brought upon the street-occupiss the most promi
nent Fart Of the building, and there ec and in the
face Of the law daily and constantly dealt out with
impuniy, all the beverages that the appetite Of
crave, or the skill Of the connosseur invent We
merely refer to this show how bold men become In vo
lating law which Is not in accordance with public OPT
nion
The above paragraph ia from the Buffalo Express.
Its senior editor was in this city about three weeks
since, and spent some time In looking around upon
us and our =" institutions" and many agreeable
things did he report Of us-much more fatsering
than the solitary item Of intelligence contained ia
the above paragraph. We have delayed setting
right mistake In the above, partly because Of
press Of other matter, and partly because we wished
to possess on selves Of some statistics which would
go to disprove the inference derived from the above
extract, viz, that the Maine law il not In accord
ance with public opinion in Michigan.
The editor Of the Express Is very aturally misled
IN his understanding OF facts because Of the differ
ence between the judicial systems Of New York and
Michigan. Our State is divided into eight districts,
in ca Of viii is Circuit Court, with its Judge
the highest tribunal in the district. These eight
Judges form together the Supreme Court ofihe State,
from which there is no appeal to higher State
court: In any case where the eight judges are
equally divided on any question Of law the question
for final adjudication that ia four circuits the
law would be expounded in this wise and in the
other four in the opposite way, aud in each cos.
the decisions Of The respective courts would be final
Here lies the r u of the error into which the En-
press has fallen. The question Of the consttu
tionality Of the Maine Liquor law was raised in les
than q month after its passage here in Detroit, .
justice OF The peace taking extensive powers I
himself. deciding it unconstitutional. Thence it
was taken to the Supreme Court, where the full
bench STOOD and stand to this day, equally divided.
In the light Of our explanation 1t will be seen at
once that in four districts of the State the Ane
law is held t0 be unconstitutional, and If it is not
carried out, would be, because mot in accordance
with public opinion. In the other four districts
among them this ore Of Detroit-the case being
referred back To the Juoge for final decision, he
pronounces the law unconstitutional. And this de-
cision has oil the binoing force OF decree issuing
from the Supreme Court of the State So THAI
liquor is now sold not alone In the front room Of
the Biddle House, but IN hundreds Of dogge les
about town. There is no p:ohibitory liquor law in
existence here. The above explanation will con-
vince the ElIress we imagine, that it's inferences
do the cause OF temperance In this State injustice.
We have also obtained some statistics, going to
chow that before its constitutionslity was mo0ted,
it had the desired and predicted effect A law ap-
proved by popular vote standing almost two to
one-the Maine law majority was l9030-in the
State, could hardly be called law In opposition to
public opinion. Even In this district, for palpabe
reasons the worst in the State for such cause the
vote stood
TOT TIE Ma1ne law. OBSERVATION-DISCLOSURES. J,S5l
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