New-York daily tribune., 1854-04-01
their Presdenf Collector Treasures Assessor Chief En-
cineer and eli the Village Trustees one.
CONCLUSION OF THE GOVERNORS VETO
MESSAGE

TRIBUNE this morning, exclusvey, the preceding part
which will be found in our Fifth Page:
Section &c Of this bill provides that
person may maintain any paid
the value services labor rendered or done or the v.ae or
eoSs sS s psren ss se BY The
wife parent child ward apprentice servant Of tee r4inr saa
.nd,Ied properly conveyed 4
be pertinent such i'm Any married
%;, and sDsn ~ sSy :ss :e'' in her own
Under section 29 another action may be brought by the
..r any other person who shall any hqqor As
proy,ons Of the husband wife parent child ssrdisa
ward apprentice servant Of the plaintiff or ho sh.
;oS sess sSs TO heb f .s or s
ths ages plaintiff therein, bat sPeei. d,Io..s
Any Tsrred wota.n msy mttn any .uSh action
These two sections create righs Of action heretofore
unknown under the persona designated can recover
money they have never paid and under the other man
tain an action for damages which they have suffered
The sympshy which is naturally and justly extended TO
suffering wives and children and the Indignation excited
by the belief that the seller Of liquor has often turned
deaf ear their earnest entreaes must not lead US TO
creee evils the other extreme TO be blind to the
unlimited effects Of these sections They do not make
proper discrimn aliens. They would permit the wife, pa
rents and each Of the children of temperate Intelligent
and vruous man. without regard to their number age or
condition. to recover money which never 70 mem
and which may have been paid to an Unlicensed seer Tor
liquor purchased for mechanical medical or even saca
mental purposes Aer his children parents or his wife
have recovered the amount paid to the yerder the later
NAV again be sued by each Of the described persons under
Goth section In this action s not necessary TO show
any violation Of laws except by the legsnendments con
sequent upon proof Of the delivery of intoxicating liquors
In the multiplied suits which may be brought under
this fecon before Justice Of the Peace or other mags
ae, s not necessary to prove, or aver any special
damage but upon proof OF the delivery Of the in
toxcstiTg i0uOrs the Jury authorized 10 dam
aces at their discretion The defendant liable to be de
pved Of bis property BY peudiced or excited jury
without having any Of the usual projections which our
laws afford to the moss dangerous and hardened criminals
He is denied the benefit of the ntendment that ne in
nocent until be is proved guilty Under our laws IN GER
tain cases uries authorized to give indicative dam
ages Where the violation Of lawis shown by actual proof
and the character of the transaction brought to their
knowledge the evidence given in such cases affords some
guide TO their Judgment and unjust verdict may be
corrected but under this section they may have before
them only presumptons and intendments of guilt and
nothing 10 restrain their passions or Preudces ms
airy modes of proceeding and the best principles OF evil
dtDce.
1t lie not the due process of law required by the Const
tuition Of the State The suits under this section and all
other suits civil and criminal and authorized by this bill
be tried subject TO the provisions of the 32d section are
not trials in any sense in which that term is understood by
our Constitution and laws.
There are other objections the 26th and 29h sections
The dome relations deemed sacred not only by the
lave of the land but by the religious and moral sentiment
of our people There but few who, under tho inlu
ence of novel ideas and theories seek to impair these
la,ions The public sentiment would approve of law
which should give right of action the wife and child
rem of intemlerae husbands and fathers against those
WHO should sell tn I'm intoxicating liquors and which should
~
guilty after trial But the lawful head of the family
should be deprived of the respect and authority due
to his position until he has forfeited them by his miscon'
duct.
Suits brought under these sections where the father is
the buyer, and temperate man, necessarily imply that
he is the nsgater of dishonest prosecution on the part
of h wife and children that he is to be made object
contempt by them. Ii makes his home of strife
or place where fraud is plotted In order to maintain
suits is not necessary to show that the father is an in
empt rate man. incapable of managing his affairs that
the liquor purchased for the purpose OF drinking ne
s not even guilty of offence when he buys Ii may be
said the seller should not violate the law under any cir
cuustances But the of criminals must not be de
priyed Of the principles of justice This act muples
penalties fines fofeitures and actions against the alleged
tutional right of presumptive innocence
The 33d section OF the biz directs that
mo corporation shs tnCwns ey or transport any
State any place within this state and no person shan
iion for purpose being carried transported u3e tss
name and s I the %od.
distinctly marked the outside package il which the same
This regulation cannot be of great importance in carry
ing out the object of the law but it would in connection
with the provisions for the seizure OF liquor intct ser
blow upon the great carrying ana commercial neresn
Of the State of New York.
As there would always be liability on the part of the
citizens of other States to overlook neglect these po
lice equations they would create constant embaass
m.nts 10 our domestic commerce The law recognizes
the legality and proprety of manufacturing transporting
and using Intoxicating liquors. But It subjects them to
oenso which proved by the mere fact that they are
found in vessels and store houses with liquors Illegally
held it will divert from canals railroads and our
ces, not only this particular commerce. Out I'LL tnai IL
connected with it.
The citizens of other States will not separate their d
verssd productions when they send them to- or obtain
them fro the markets OF the East FIVE drive OIL poT
ton of their commerce. their convenience and interest Will
be promoted by Withdrawing the whole and seeking other
channels which free from embarrassments
The idea pervades the law that unusual numerous and
land IN II.
ence shows that the undue severity of laws defeats their
execution After the excitement which enacted them has
passed feels disposed TO enforce them for no
law can be sustained which goes public feeling and
Ihave omitted any notice ofmany defective provisions
in the BILL they might be corrected by future egsia
tiop have confined my objections to those which are
wrong which Inconsistent with the principles
of Justice with the rights of persons and OF property and
which the bill that they cannot be stricken out
without destroying Its entire iabrc .
The bill is wrong because 1t directs unrea'onabie
searches OF the premises and dwellings of citizens
under circumstances calculated TO provoke resistance
derives persons of their property in manner prohibited
by the Consultation it subjects them on mere suspicion OF
knowledge of a suspected crime to an inquisitorid
examination. ..,
proceeded against criminal may be arraigned or i'm
prisoned and his property seized and forfeited In cv
uits by various parties with whom he has had dealings
and subjected to the payment of damages when have
been averred nor proved 10 all these prosecutions ne
may be eoted without the benefit of trial in the usual
and judicial meaning Of that term.
The Constitution makes il duty 10 point out the OBJ
iectionabe features of this bill but owe il to the subject
and The friends of the measure to add the expression OF
nv belief that habits Of ntemperance cannot be ex.ir
pated by prohibtory laws. They not consistent with
sound rr oples Of gsaton Like DEGREES TO regulate
religious creeds forms of worship they provoke resist
apee where they designed 10 enfore obedience The
effort TO suppress inemper by unusual and arbitrary
proves that the Legislature is attempting to do
that which, net within its province to enact or It's power
Tb E The error which lies at the foundation OF this BILL