The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-02

ordinary transactions OF le Proceedings 80 tyrannca
and unusual would tend to STRIFE bitterness and resist
There are nearly four thousand local magistrates be
fore whom these nqusi.orial proceedings may had
there are to be no limitations OF their powers they
not to be subject to the rules of evidence nor restrained
by the rights of Witnesses they may questions
as their discretion shall dictate and compel by
imprisonment; the character Of the investigation and
the Imprisonment determined by the discretion Of
the Justice,
The eloquent denunciatons Of distinguished urist
apply with peculiar force to this proceeding dis
erection Of Judge the law of tyrants 1t Is always un-
known; ii is different in different men: IL Ia casual and
depends upon constitution temper and passion In the
best is oftentimes caprce in the worst il s every
vice folly and passion to which human nature is liable"
Section 20 of this bill provides that any person may
maintain an action 10 recover any money paid or the
value of any services labor rendered or done or the
veyed in payment for liquor sold contrary to the pro-
visions Of this act by the husband wife, parent child
ward apprentice servant of the plaintiff and in every
such action the person by whom such money paid
services labor rendered DONE property assigned
or conveyed if not party to the action the husband
or wife Of the party, shall be witness any matter
pertinent to such action. Any married woman may
commence and maintain any such action in her own
name, with or without the consent Of her husband"
Under section 30 another action may be brought by the
same parties agans any other person who shall sell
any liquor contrary to provision Of this act to the
of the plaintiff or who shall ntoxicate or
such person or persons to be intoxicated and shall
special damage but the court or jury before which such
action is tried shall the damages of the plaintiff
therein; but any special damage may be shown. Any
married woman may maintain any such action in her
own name with without the consent of her husbandn
These two sections create rights of action heretofore
unknown under one the persons designated
money they have paid and under the other main
tain an action for damages which they have suffer
ed The sympathy which is naturally and justly extend
ed to suffering wives and children and the indignation
excited by the belief that the seller of liquor has often
turned deaf to their entreates must not lead
create evils on the other extreme to be blind to the
unlimited effects of these sections They do not make
proper determinations They would permit the wife,
parents and each of the children of temperate inte
gent aud vrtuous man. without regard to their NUMBER
age or condition. to recover money which
belonged to them, end which may have been paid to
an unlicensed seller for liquor purchased for mechani
ical, medicinal sacramenta purposes After his
children parents his wife have recovered the amount
% sh ts be s G
action is not necessary to show any violation Of laws
except by the upon proof of the
delivery OF Intoxicating liquor.
In the multiplied suits which may be brought under
this section before justice Of the peace other magis
damage but upon proof of the delivery Of intoxi
eating liquors. the jury authorized to damages
at their discretion The defendant liable to be deprived
OF his property by prejudced excited jury without
having any OF the usual projections which laws afford
to the most dangerous and hardened criminals He is de.
MED the benefit of the ntendment that he is Innocent
until he is proved guilty. Under laws, in certain
cases. juries authorized to give vindicve damages
where the violation of the law shown by actual proof
and the character OF the Transaction brought to their
knowledge the evidence given in such affords
guide to their Judgment and unjust verdict may se
them only presumptions and ntendments of guilt and
nothing to restrain their passions prejudces This
tary modes of proceeding, and the best principles of
evidence.
1t ia not the due process of law required by the con-
sitution Of the State The suits under this section and
all other suits civil and criminal authorized by this bill
to be tried subject to the provisions of the thirty second
section, not trials any in which that term
understood by constitution and laws.
There are other objections to the twenty sixth and
twenty. ninth sections. The domestic relations are
a,1xy he 4naln
the religious and moral sentiment of people and
there are but few who. under the influence of novel
public sentiment would approve df law which should
give right of action to the wife and children Of intem
perate husbands and fathers against those who should
sell them Intoxicating liquors. and which should subject
the defendant 10 exemplary damages, If found guilty
after 8 fair trial But the lawful head of the family
should not be deprived of the respect and author
ity due to his position until he has forfeited them By
his misconduct.
Suits brought under these sections where the father
the buyer and temperate man, necessarily imply that
he is the nstigator of dishonest prosecution the
part of his wife and children sh.t he Is TO be made
object OF contempt by them ~ mikes bis home
Of strife place where fraud is plotted In order
maintain suits is not TO show that the father
is an incorporate man. incapable of managing his af.
fairs that the liquor purchased for tine purpose
OF drinking he is not guilty OF offence when he
buys 1t may be said the seller should violate the
law under any circumstances But the worst of crmi
nails must not lie deprived OF the protection of the pr
cples Of justice This act multipes penalties, fines,
forfetures actions against the alleged oeuder and
at the same tine depriyes him of the constitutional
right of presumptive innocence
The thirty third section of the bill directs that
person or corporation shall knowingly transport
any liquor from place to place within this State from
any place without this Stste,sto any place within this
State and person shall knowingly deliver any liquor
10 any oher person or TO any corporation for the pur
pose Of being carried transported unless the
and place of business residence of the to whom
the same is to be conveyed together with the words
intoxicating liquor distinctly marked the out
side package in which the same is contained"
This regulation cannot be of great importance in car
object n
ton with the provisions for the seizure Of liquor nact
Of o0h upon ne great carrying and commercial
As there would always be liability the part OF the
citizens of other States to overlook neglect these police
to our domestic commerce. The law recognizes the
legality and propriety of manufacturing Transporting
and using Intoxicating liquors. But il it subjects them
TO penalties and forfeiture upon light proof for i'm
pued Offences which proved by the fact that
they are found in vessels store houses with liquors
illegally held it will divert from canals railroads
and our cities not only this particular commerce. but all
that is connected with it.
The citizens of other States will not separate their
diversified productions when they send them to or
obtain them from the markets Of the east If drive
oil portion Of their commerce. their convenience and
interest will be promoted by Withdrawing the whole and
seeking other channels which free from embarrass
ments.
The idea prevades the law that unusual numerous
and severe penalties will lead to it's enforcement but all
experience shows that the undue severity of laws defeats
their execution After the excitement which enacted
them has passed away feels disposed to enforce
them; for no law be sustained which goes beyond
public feeling and sentiment.
have omitted any notice of many defective prov
sions in the bill they might be corrected by future
legislation. have confined my objections to those which
are radically wrong, which are inconsistent with the
principles of Justice with the rights persons and Of
property and which per,ade the bill that they cannot
be stricken out without destroying its entire fabric
The bill is wrong, because 1t directs unreas sonable
searches of the premises and dwellings Of citizens
under circumstances calculated to provoke resistance
deprises persons OF their property in manner pro-
hibited by the constitution; IL subjects them mere
suspicion OF knowledge of suspected crime to an in
quistorial examination.
For one act of alleged violation Of law citizen may
be proceeded against criminal, may be fined or i'm
Irsoned his property seized and forfeited in civil suits
by various parties with whom he has had dealings
and be subjected to the payment OF damages when none
have been averred proved To all these prosecutions
be may be subjected without the benefit of trial in the
usual and judicial meaning Of that term.
The constitution makes II my duty point out the OBJ
jeconable fea lures Of this bill but II to the sub
ec and TO the friends of the measure to add the ex
preston OF my belief that habits OF ntemperance
he extrpated by prohbitory laws They are not conss
tent with sound principles Of legislation Like DEGREES
to regulate religious creeds forms OF worship they