The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-21

10 alleged. sad delivery proved IT shan not b nsss.
ear, 70 ksevs p.ynsat bot such delivery sAn b suf
In other WORDS when an unlawful sale Of Kqucr u 81
legged II 10 SUNS 70 convict the accused Of mis-
cemsapor TO subject him TO dns and Imprisonment
and to forfeiture Of his property merely " ahov
delivery Of hqaor act Legal and, under SINE crcum
staEces, coDmendable
Reseypg every principle Of evicence and justice proof
that citizen has gven and delivered 10 another any in
scsieA ing liquors. although may b for or
medicinal purposes BY monssrous legal nisrsnos, con
viets OF crime. Thus without proof of guilt he Ii
CONDEMNED unless he can prove his Innocence
what security have citizens against the invasion
assir homes ~ efcers who are directed without r.
gently to search their dwellings, whore the proof Of an
innocent cot sufeient TO cnvict Of an osncs and to
place his me upon the level Of the shop or wsrehous
This set Is highly penal and the searches which II d.
reefs are 70 feiEs property a'd 10 procure evil
tehes Of violation or intended VIOLATE Of the awj
The donicil Of the citizen has heretofore been
dered 80 sacred has BEEN for titled aud defended BY
the pir ciPss Of the law that is familiarity
fsarehsd, although the occupant 10 charged With
murder or treason. under the most tyrannicAl
&. this principle =. been
searches for stolen property which aoxed upon
the srorrd that they designed to restore IL to it.
BY emnsnt 'jarsts, and its propristy doubted what
cam OF gly be done to detect the dArksst and most
mes e directed By th. bill to pressure evil
deoce Oh guilt ard to forfeit property for acts which
now legal and the crminaity OF which is adjoureed
over until the close Of the present year:
the forel urs and destruction Of liquor ;un-onstu
uonai declared IN section 9th, article LIST Of the
sy sst mo s1 Is Of
Section Of the bill directs the cheer when warrant
ousr 70 sissa amy ps @ seize ~
&c csfk In vessel or custom warehouse unla sfuly
degrsd for ALL all other intoxicating liquors in such
there IS NO complaint nor prste.t that tie, Are 10
re used Tor any unlawful purpose These usually
single ukoyt,
which 10 unlawfally owned, In place where such art
clss are stored subjects them ali seizure This msy
pc done by malicious persons, with view to cause
their seizure to take sdvAnass o. this unguardsi
Jaw to set pofesion Of property with fraudulent de-
rgins, After this sweeping seizure II the owners are
dencc are not known 70 the officer, he Is directed de-
iv'r notice to any person Of maturs age residing in
the place where the seizure 10 made, or IL such
can b. found by posting The notice the outside Of
tne premifes and In two conspicuous places in the
city or town.
This mskes IT question of intent Of which It Is i'm
possible TO give positive pcoof.' There is nothing in
the act requiring the complainant to appear against the
owner SO that he may be informed Of the and
cause OF the accusation, in truth complaint may
have bee made against him his property Il Ia not
Isqnrd that he shall be confronted With the Witnesses
against him. his gull is assumed Tus, it is provided
that tho msgtrate jury shs hear the proof or ALE
gators offered In support Of and sgainst the claimant
and na,, wnsftss may Se compelled to attend, bu.,
proof" his ownership Of the properly, its le.
gality, and that he kept it fer lawful purposes,
the case ste by the original exparte oahs upon
Which his property was seisd by warrants. Reversing
the oIeer of every other known proceeding hs stands
convicted until his Innocence Is proved upon charges
made against other par les This Is not
law" This point was recently decided in the Supreme
nvsived The language Of the Bill Of Rights Of that
tase Is not As decided gsinst such as tn
The other objections shall urge ayapst this bill ap-
ply TO provisions which not contained in the laws Of
Aassschnsetss, nor should they be found among the
tied principles Of common law dangerous TO the liberties
Of our and IepugDant to the and
sentiments Of The community Whatever differences of
Of opinion there may be with regard TO laws prohibiting
tie Ae OF Intoxicating liquors. there win be with
respsctto some features Of this bill.
Section 10 provides hst whenever com pla!nt on oath
Or sfrmation in writing which complaint shall state
the facts and circumstances upon which his belief il
founded shaI BE- made before any magistrate by any
that he has inst cause to suspect and
poet and believe any offence agsiDst any pr ,vion
o. this act has been committed that ohs person
commission Of such oen.e such he thoxs
there probable cause to believe that such peg
sons hss or have knowledge of the commission Of su.h
ohence Snail forthwith Isl ne summons to the person
or peYso so named, commanding him o. them t, ap-
pear before him at aplace and time no, thn two
day thereafter to be designated IL summons to
testify In relation to such complaint" - :
Sec q directs that Whenever any person shall ap.
IN the two pre- cssng sections It shalt BE- the suty o.
fuch ma gstra!e to adm mister to such person 9th
OF a nstior snd to examine him for the purpose OF
against any provision Of this act Nsuch person s.a
refufe to be sworn airnsd 10 any question
e ssIa s ssas e ss as s
tdch SxkmInrnpn frsf2rnpper that II, pom
has been committed within the jurisdic ion Of susf
arrest q the offender and the search Of his premises
as hereinbef0re prdvited."
In cider to Ausjfct any citizen to this inqus oriAl
pre- ceedDg it Is only necessary that complaint should
be made which need not tt4te pyovs that offence
hiss teen committed, but only suspicious, and the
F. xh~.x -Ana 49,.
tie magistrate to briSg before him By sumraons or
att cbment, the person suspected OF having
DO, although no proceedings have Oeen com neucod
against persons or property no TRIAL peidicg no right
10 the services Of counsel open hearing ssured The
ihely to be the offender himself yet the msgssr,ts
may put to him such questions he msy deem neces
o rsos 70 e
committed to jail there to remain until he conssuts to
answer.
Fiction sixth Of tho Arst article Of to constitution
declares that person "snan bs compelled in any
criminal case to be wi.ness against tinssls"
BY the propoted act the fact shouh be ola charac-
would still 10 compelled TO g he I'm ,sisoned
be answsr untruy, it Is made ps5ury by the act.
he admits that he has co@mi.tsdAn offence, Z. "a
lsarch his premises. this bill should become law,
this unprecedented proceeding woul BE- perverted to
meny in civil and criminal suits nt growing out Of
this law, but arising ont of the cripry tAsssctons
OF fTOceeutpgs 30 tyTASncal am UNUSUAL would
tend 10 strife bitterness and resisaSe Of the laws
There nearly 600 local magststes before whom
these proeee dnes may be had There,re to be iim
tations Of their powers they not be subject to
The rules Of svicence ,etrained ~ the rights o.
witnesses they may ask such queson.as their dscre
ton tha dictate ard compel answers in prisonment
the character Of the investigation apt the imprison
mt, determined By the dsction Of th Justice.
abe oil quent denuEcations Of dis nguished jurist
sppy with peculiar force TO this protesting The fdis.
erection Of judgss the law Of yran IL IL always
known; it 10 different in is csus ami depends
upon constitution, temper ard pass. In TIE best II
is oft eptnes caprice In the wors.t u every vice,
folly and psssicp, to which hun,n na.ars is LA.
b,e,n
sectjon twenty six Of tcis bill prtisss that "Any
PERSON may ma ntain action 10 tcover any mo.sy
paid the yalae Of services labor rendered
done, the value or poFssssou pr o2erty. as
tg,ed snd conveyed, in payment n liquors ,oa p,s-
tsry 10 Tie provisions OF th act the husband, wifi,
IaIen child, ward appres tice ocrvsot Of the plain
tif, Ard 10 such action, the pcrso BY Ehom such
Try "a service labor rtuered or dcus or rro.
Try assigned or convey cd, n noa part to the action
or tie hnsfani or wife TO the rsy, sbal Re witness
10 any mater pertinent to such ction. Ary married
woman may copnence and nebtain sash action in