The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-29
The Liquor Law I'm Rhode Island-Why I'M
OBSERVATION-DISCLOSURES OF Judge Brayton.

H.
SUPREME CoURT, Tuesday, Dec 49, 1854
The State, JabeS b. Potter complainant dgt. James
Snosc--Ths was complaint against the defendant for
keeping or suffering TO- be kept his premises pos
sessions under his charge ale wine, &C. The penal
ty for this offence is fine of twenty dollars impri
soDment fer thirty days Subsequent to the issuing Of
this complaint warrant Of search issued under
the 9th section Of the act which certain liquors
found in the session of the defendant were seized
In the Court OF Magistrates the defendant aissi
tain constitutional objections to the law and they
certified to the Supreme Court under the static and
there argued by the Attorney General for complainant
and L. Salisbury, ESQ, for the defendant.
HIS Honor Judge Brayton delivered the opinion Of the
Court
l. The first objection is that the law provides for
taking private property for public without just
pensation
There is analogy between the taking private pro-
perty for public and adjudgng property forfeit for
crime and this objection is not valid.
The act provides that shall not be necessary par
ticuarly to describe the kinds packages of liquor to
be searched for and conflicts with the constitution
which requires that search warrant shall describe
But the description may be certain the nature of
the thing viii admit and yet describe particularly
the kinds packages of liquor And this objection is
not valid.
5. The act provides that any amendments may be
made, and conflicts with the constitution which pro
vdes that the accused shall be informed of the nature
and cause Of the accusation against him. But
ment is not q accusation. Anything which amounts
to that to be amendment, and goes beyond
what the law authorizes. Besides. this part of the
may be void and the rest valid This objection, there
fore, has no validity.
A. The act provides for the destruction OF property
seized without any proof that it held for SALE and
conflicts with the constitution which provides that
the accused shall not be deprived Of life liberty, pro
perty unless by the judgment of his the law OF
the land
This is a valid objection. The act provides for the
seizure of liquors, and then provides that upon the
vcon Of the party in whose possession they found
selling keeping for sale, liquors OF the kind
those seized the liquors seized shall be adudged for
felt and destroyed and proof is required that the
liquors sezec to be destroyed kept for sale
This part Of the act is unconstitutional.
g. Ia hat he fOr two nuuis
ments for the same offence nasmuch as by the 4th
ton man may be convicted of selling, and by the Sth
section may be convicted common seller for the
same sales. This question cannot occur in this case,
and no opinion is given upon It.
In this far thing ppears to the court
there objection to the law the form Of proceed
ing
The result Of the decision is that in the particular
before the court the proceedings valid and the
conviction right but by obier dictym the court
pronounce the seizure clause in the law, IL
stands, unconstitu tonal.
Political Intelligence.
Know NornNG VICTORY IN APPALAcHicoLA, Flat
election in Appalachcoa, on the 18th inst Oliver
Crawford, the Know Nothing candidate was elected
County Commission to Gil the vacancy caused by the
resignation OF Mr.. john D. Kendrck
GOVERNOR oy AIABAMA.-Among the persons spoken Of
for the next chief magistrate OF Alabama are Messrs R.
A. Bakes, OF Mobile James Belser, Thomas II. Watts,
and Thomas J. Judge, of Montgomery; the brothers
Richard w. Walker whg, and Leroy r. Walker, demo.
crat, and George d. shortridge Of shelby
The Chsmbersburs. (Pa.) Tydnsev1pt, a wing paper
hoists the name OF General Houston, for President
The democrats Of Alegany City (pa.) have
Nelson Campbell, Esq. Tor Mayor.
The wings Of bath county (vn) have nom m ted tho
Hon. John n. Bolts. for Govornor.