The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-26
MEETING OF FRENCH CITIZENS.
Mass Meeting Of the anti-Liquor Men at the
Tabernacle.
The Adopted Citizens and the Prohlbltory
Liquor Law,
OBSERVANCE OF THE LAW IN THE METROPOLIS.
MAYOR WOOD TO THE PEOPLE OF
NEW YORK.
MAYORS OFFICE, NEw YORK, june Is. 1883.


to execute the laws and the people TO obsy them and
that with reference to the act just passed knogn
" An Act for the prevention Of ntsmpersuce, Pauper
ism and Crime" about which the pubic mind was
greatly agitated, used this language
have availed myself of the first after the
tournament of the Lessstpre when an
my duts under Il and vi fns wing
ANY part n M srssuo1 sh. n,or these
public with the same cand0r that prompts this o0mmuaOa
On the 9th of April in another address stated that
had obtained these opinions, and declared what they
To that Of the District Attorney, (Mr Hail. applying
exclusively to the law previous the Fourth of Jaly
next, it is not necessary to refer; that Mr. Dill
Ion, the Counsel to the Corporation stated
substance
That the Mayor IA net to hear and determine
TSas is NOT aasGrsdy
G eu uss n aa 10 eqns sa ,S
S The police he ~ @ caution them
selling siieS there Saeo eo
sny nS h ss ss v % Be ss
snsd Tns s, cSSn:: gs5.iSal,ry
al Ss % BE hs .
other branches of the Law above referred to.
Subsequently, / have examined this law With great
being sincerely desrous of arriving con
clusons as TO my whole duty under it.
sumo every act Of the Legislature to be valid rhis
sumption however in the pre.en case be adopted
h reference to the pressed as to SONS
bfAnches of this law. In assuming the isw valid am
not to give up the duty of administering s,corang to
those views concerning it's practical execution which
have concluded have the highest legal authority
Whilst assuming an act valid, 1t also imperative upoa
the public officer to ascertain what really required Of
him, and in case Of doubt as to any particular provision
the enforcing Of which will incur personal respons
by, by the nction Of injuries upon sbe persons and
property Of the ctzens-to exercise extreme cauton
for whilst the people have right to call upon public
him property arrest persons il there be any
wen founded doubt as to the subsequent
the citizen after the courts bad decided that his proper
E had been Illegally seizad and his person illegally i'm
pfisoned, that the magistrate had believed himself
authorized TO order it under the and that there
1he presumption that the officer assu mes no illegal
powers that he Is careful to avoid the excise Of such
powers especially sthty are oppressive in their char
can be called upon to do this, and it matters Mtt
whether the liability falls The officer personsy
the damages are 70 be reimbursed oy taxaon upon tbs
It is self evident therefore that whilst it mr. duty
nected with the dou ts thro wn around its nsrpre
tation its constitutooalty ustiaes in giving
what believe to be the most accurate legal construc
ton far my Office has thing to do with It, This
have determined to do-and refer to the accompany.
ing order to the police as declaring what that consruc
It vim be seen that this order applies exclusively to
they are clothed with the power OF Of ssag pro-
perty and arresting persons merely upon their own
interfere with their duty in the serving of process
In executing warrants based upon the complaint
is winiDg and able to assume the responsibility
to test the law In the courts by attempting Its eorce
It this drecon-that judicial decision may be obtained
to dispel all doubts and ascertain fully whether every
necessary for to add that adverse to the views
which have considered 1t my duty to adopt shall
ind
It's to De regretted that so far ss this city con.
adopted q
citizen will go farther OF do mora to great
hsbitua use Of intoxicating liquor as vice more de-
strucye IN Its Effects and more debasing In its charsc
practice and precspts have always been in accord.nce
with these opinions and since holding my present on
tive and determined IN thus treating l. But as public
officer cannot act upon the theory Of ethics The law
must be my guide to be construed accordog TO the best
INSTRUCTIONS TO P0LIOEMKH.
MAYORS OFFICE, New YORK, June %, 1865.
Act for the Prevention Intempersnce Paupersm and
tCrme psseed April 9th, 1850. call your attention
refer to sacS duties a. are You By
provisions The first section declares that intoxcat
ing liquors, except a. are hereinafter provided,
pSjs.ns sda.
.n e % a % BE a's y ii in
y II part q which no
4
above described church place ,hp ssca
OF Sedcinsl sr rsaSirns The use q aaor i
carried regular branch while
ssR m the TO pss It's n
Ssn I've ssss 1's 'ss % UassS mite:
The seventh section declares the duty Of the officer
after the seizure OF the liquor pursuant TO the 18th
ton, with ieference to giving notice to the owner SC,
The 18th section declares that
shan be tho duty Of sheriff. undor sheriff. deputy
y 70 as, sssys .a all p ps
. liquors Kept ssoson a tho tho
time place the commission offence toaether
with such Perscn before masstrsts Of the
same city town 70 be dealt with according law
Ipsce disposed Of hereinafter provided be
frs g sSs hs o so' a%a
ssans. shs psr.on or persons arrested and
% hnss
toxicsted person in any store hotel street alley highway
ps pso % sas
said magistrsts shall alter due examination, deem him
h shall Sireot said 70 keep him in sems
lookup other safe and convenient place be desg
him
II he cannot DC found, before other magistrate
clearly !, Gey upon ySu to
duties your Office, and to assume them valid until
decided otherwise by the courts yet your
ing ocsr and responsible for acts II pursuant 20
orders feel t incumbent upon me to state what 10 the
Interpretation to be put upon this law, far az 1t i'm
poses duties upon you and what are the limits Of
N, your powers under II.
arreting for the sale Of the same except
rant issued By competent magistrate upon testimony
other than your own. Whether liquors exhibited In
your presence, either for or other wise, inoxi.
(anH akad n