The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-04

Dncomneoof eno 10 puniShs6'e ~ nae oos OK
ceeding i've hundred dollars BY i'm vfsodmsnt not
excseADe ono year, or by byth such hoe and tm
prisoDment; and In addition thereto conviction Of
ONCE. - ''''-'' VIVIAN WIN ' " ''-'
trust, however, that there IL no meub,r OF the
police force In this city to whom the terrors OF the
law are the only incentive to . strict aod fsisasd
Mayor Of the City Of Brooklyn.
A Question for our Supervisors
ffrsm thu Suffolk Dsnocrstl
among other Absurdities emsnatpg from our late
memorable Legislature, there was Que waich tnus
for, spoeays 70 have escaped Duoc attention as TO
OF portits c0nsti sutiona ity. towards tue close
OF the session Ii. which had bsen previously de.
fsAted in the House, was brooghs for ward IA tae
Scr ate and hurried through both houses. Its dtls
is "An act 20 provide for the supp rt Of the
government Its two first sections are as follows,
SEC. l. There shall be imposed for the nca year com.
nercipg on the hrst day Of octoor eighteen hunired
esoh cellar OF the yaust OF real PERSONAL proper
taxable in thu: Stats, to be assessed, rsed aud col
ten Of taxes for said i,c. year, ia the pre-
scrhed by law, TO be PAID into tbs treasury Of
to the credit Of tho general fund.
sec. = VI the money to be raised by the tar above
mentioned three hunt'ed and wsnty thousand collars
shall Re paid over to the cSDsi fund and Hereby
piopriaed toward any deficiency that may tue
canal revenues toward the payment OF interest upon
the state cebt under tho provisions OF article seven ~
the constitution Such advance to tbs canal fund sha
with quarterly interest," be repaid into the treasury for
the Of the general fund provided in section
OF srticie seven Of the constitution.
The third section authorizes loan to Gu )Dly any
cthcstn the ell king fund to meet the pay ment
OF the principal and interest Of the puolic dsb.-in
other words, TO pay one debt by creating atothsr.
The fourth section partially repeats the a,t Of 1872
authorizing an annual 5rate tax.
But We desire now, particularly. to call the
attention of our Supervisors ard tax pagers 70
tie foregoing first and secopd sections. Che frss
imposes q direct tax Of over two millions OF Dbl.
lsIs the second specifies but one object Of
the tax, and that amounting to over $500 900,
leaving tax Of about 81 700 900 without any spsci.
hcatlon whatever. Now. BY the thirteenth section
OF the seventh art lie OF the tisuioo, It Is ex.
pressly provided that "every law which imposes,
continues or revives tax, shall distinctly sta she
tax end the object 70 which It ia to bs sppiei; and
fix such tax OF object" Now We ask our supar.
visors TO read that second section over and over
again, TO see whether they can discover any object
distinctly" stated, calling for tails direct tax Of
thousand dollars to meet "any def ,iency that may
exist in tie canal revenues TO ward the payment Of
the State deb" To what, then, does the remainder
o. this two million tax, amounting to about 81 7O0
600. apply! 70 no object, Whatever; for none Il
stated in the act, distinctly or otherwise, and 90
much OF the tax Is palpably unconstitutional Let
cur supervisors examine this quest IN before they
call upon the people to pay this portion Of two
The Maine Law In Connections.
According to the testimony Of the .rtford
Times, tee evil Of iotempefa nce. In its most osu
Give form, is On the increase In that city nc. xita
stsnsing Rrohbitoiy liquor Law is In force in G m
necsieut. The Times sayk:-
On Monday Last 1t was sunoupcsd that members OF
the Car League would petition the B,ard Of
Con mon Council complaining OF the great amount Of
drunkenness In tho city. On that evening petition
wss read IN the Council. II signed by about two
@ %ss ssas OF s Ts'
This petition set forth that the amount Of
wss increasing, and II called for investigation INTO
flvy p4a tnff
men.
The Maine Law In Maine.
DECISION OF THE CHIEF JUSTICE IN PORTLAND.
from The Eastern Argus June 80
We anD0unce6 on Satu Gay that this Supreme
Court had made . DO isioo, having an important
b<sitcg pcn the execution Of the recently sctei
Liquor law, and by the poitensas of the publishers
al the <gs, VINO furnished Us an extra Containing
the opiDi N Of the Court We are able to lay 1t bsioe
The effect of tbs decision ia to Gus. Justices OF
the peace AZ judges Of police and municipal courts Of
all jurisdiction under this Law, except their common
statute authority; TO examine and bind over for trial
In the Supreme Court. offenders against this. Is
against AZ other "a Y, the punishment Of whose or
fences is beyond their jurisdiction. Tho opinion
will Be found distinguished by that clesrness and
,ility which characterize the legal opiaons Of tne
CHEZ Justice.
sUrKznE JUDICIAL couEr- MIDDLE DISTRICT.
June Tenn, ls55-Kennebec County.
IN the Matter Of John Hersew, on Writ Of
Ha6eas CorTSs.--6hspley G. J.:-From the return
nsds by the prison keeper 70 the writ Of habeas
corpus, It appears that the prisoner was committed
to pIi;GSn =, on on June lssS y virtue 9. Mullins.
city Of Augusta, recitiDg, that the prisoner had
been tried and found guilty by him Of hsving, on
the 18th day Of May, 1885, sold quart Of brandy
statute and had been tried b. him and sentenced q
to pay fine Of twenty dollars and costa of prosecu.
ticn, taxed ct Ave dollars ana sky one cents aud
TO Be imprisoned in the county jail for the term OF
1anA AuA e. - rl 81
Se ccnpsd WITH .iS ''' committed I'll SAID 0ro'r
By the eleventh socti,n Of the oct incorporating
The city Of Augusta approved on July 20, ls49, 1t
Il provided that there shall be established muui
cipal court TO consist OF one Judge, "Who shall have
Concurrent jurisdiction With Justices Of the peace In
ell matters civil and criminal within tbs county OF
Kennebsc;' and jurisdiction In all cases OF sim pie
lsot Dy where the property shs not exceed 10 vaae
Of cfsueer, other than larceny, to be asoeftained
fsom the jurisdiction which justices Of tbs pssce
have; and they, By the Revised Statutes 10, are
dollars person: osnyc Of ceg,n enumess tea
cnences, and TO try all ofeuces within their lis
oiction sEd to sentence those convicted according
to law. Tfey are mot authorized thereby to impose
fine exceeding ten dollars, or to inprison for
any tine whatever. By particular provlsons in
other statutes they aye auth rzed In cases OF lar
eeny. 10 punisi By fine not exceeding twenty dob
lars and by imprisonuep. not ding six mouths
But their general jurisdiction In not thereby en-
lsrgec. No stante has been cited or no iced, giving
TO them a essersl jurisdiction u offences, WIN
power 10 impose fine TO the amount Of twenty dol
lars or to inprison Q poreon for any time. Such
jurisdiction, II 1t exists, must be deri we'd from
some statute specially comforting II.
BY the act tor the suppression OF drinking houses
sLd tpt ing shops, approved on June 2, 1851, pro.
vision was n ade By the fftn section, that
any forfeiture or penalty arising under tbs above
section may be recovered BY ss;ion Of dsbt or by
complaint before any justice Of the peace or Judge Of
sny municPs or poios court in the county where
oht nce vts committed.
BY the section referred to as above the sale OF IN
Nxicsting liquors was prohibited. Hero the jaris-
dieiion vas speedily conferred bat by the acs ap-
proved on March 10, 1866, ttsS sct and the oct ap
proved On March III, 1868, we're repealed, saving Gil
procetets then pending, aod leayiog them In fJrcs
for NE un'ebment Of al offences committed under
them. justices u the peace cannot therefore nave
any jurisdiction by virtue Of tho acts Of 1861 and
1858 Of any such offence committed sin tbs frss
csy a May, 1855, wnen the sct OF 1856 took eject.
II Trey hsvc jurisdiction to punish for offences com
n.tisd since that time by the sale q intoxicating H.
qUcrs la violation Of thu Or .yirons al the aecood