The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-10
The Sunday Liquor Law.

THE DECISION OF JUSTICE OSBORNE IN THE CASE OF
Mn. RICHARD FRENCH.
Justice Osborne delivered the following decision in the
of Mr. French, who tried charge Of selling
liquor Sunday the 2Sth Of March last in violation Of
the ordinance
Before reading my decision, raid he, In the matter
before me- deem 1t but right that should by way
of preface remark that much has been said in relation
to the improperly Of holding police court in the May
or's Office, where Justice, through her minister is
sought to be overawed and controlled for purposes
foreign to the just administration Of the laws BY the
chief executive officer Of the city. To this have only
to reply that instance since have been assigned
to duty here has the Mayor Of the city attempted
terfere with in the proper discharge of that duty
but while have at all times been pleased to advise with
him and listen to his suggestions yet 80 far as the Anal
shall be-as always have been-aoverned entirely by
law ard evidence. This is what you have right to de-
MED you Having disposed Of all the objections raised
by counsel as applicable to the first charge, and having
in, l shsl aow proceed to consider briefly the OBJ
jssa,ons which are interpossd as bar to any
cond charge OF selling liquor on the same Sunday.
In looking carefully all the authorities, bearing
upon this subject and carefully examining the laws OF
ect well a. the ordinance now before me- the con.
cluiions TO which have come, am satisfied will be
The ordinance 1t is printed appears to me to con.
tsiu nothing new in its provisions except to the
penalties imposed and the mode Of enforcing them.
at the State law In relation to the observance Of
the Sunday, Sec CO. 1t enacts that there shall be
= ooting, hunting, &C., on Sunday" ses, IT, Ono
keeper Of an i'm, &c, shall on Sunday sell, &C. any
ale, porter and strong spirituous liquors, and any
person offending against this provision shall forfeit,
&c This law has always been construed to that
the violations Of any Of Its provisions shall be deemed
an offence which offence punishable provided FOR,
and in this city, late as the time Of the MsyorAy Of
James Harper, Esq, In a case against keeper Of
large hotel upon the opinion rendered by the late
Dittric Attorney Mr.. Blunt conceded to be the law,
that continuous sale Of liquor the day, BY
the same person, was q continuous and not
divisible offence. The word "any," which has been
dweh upon in the argument, as dividing the Of
fence, il. as I interpret, word used ccsnomi-
caily, II may be permitted to the expression to
ing the Kind Of hunting, the kind Of liquor the quality
thereof, &c, Now the words of the ordinance as
follows: 81" any person shall sell by RETAIL or deliver
in pursuance Of any such sale, any Wines ales &c.
the first day OF the week called Sunday with certain
exceptions) he shall for every such offence be LIABLE"
&c.
For what then shall the offender be conyictedY Sec
3: upon proof or confession, the magistrate shall
proceed to convict the offender of msdemeaner &C.
and for each and every such conviction shall nct ths
penalty prescribed Whatsoever may have been meant
by the provisions Of the ordinance must interpret IL
find It, II they intend II to punish the sale Of each
glass, or pint, or quart gallon Of liquor sold, they
should have declared II. Having failed TO do So II
is my duty TO draw such inference from their words
subject seem TO to be the most reasonable am Of
opinion therefore that the plea set up by the counsel
for the def ndan that the oense Of selling intoxica
ting liquors Sunday Is continuous and not q divisi
be one is well taken, and the complaint before
must he discharged.