The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-18

that the latter cause Of the nrss section was inserted
e IL Il hs -
that question Eest must be gwen 10 every por lon
assatate Uplss. II intsnosd By the Lssstars to
exempt imported hquor from the operation Of the sot
the latter clause Of the ART section or By night change
elect q Tie latter ssuss 20 for a. shs; guest on i in
volved. suppose the section had read thus" This
section n. not ;pp x. 70 sns sale quo. in
where the rightto import such liquor given BY
any law treaty Of the Unred states " hsa the stat
ute would have been clear an free from this
ment Ii has been claimed tbatshe act should be c,u
strsed IL it read ss last stated cannot 20 con.
ers and whore liberty rsputason aaa property ere at
stale courts have NO right to assume doubtful
1t therefore resolved into thus Tina section sxsmpts
imported liquor, that being the liquor the right sail
witch svsn because the right to import Implies ths
right to SELL and the exemption oelng absolute IL tA
although tho twenty second section Of the declares
that the act shall not be construed the
importer Of foreign liquor from keeping or selling tue
In the original packages to any persons. author
iled by tho act to seMquoT. This refers TO the mpor
ted specifically The iDssrtion OF that section Wholly
permission. The after clause OF the Arst section is
general in its operation, and infsrs, As I have
and ns u. %
before have had occasion remark, tho trAais Ia
liquor Is free It's BY statutory regula ions that Is
this State to the pssasgs OF the act OF April last
al repealed except that mpoang pensity for the safe
In that sct imported liquor, as understand it. il sx-
empt from its operation BY express enactment, aud the
ony license thar IL to 10 required 10 the license under
toxcating liquor. other than which Ia imported sop
pose BY wy OF the last clause Of tbs drst
c,der'" instead Of to liquor would II be commended
that penalty would attsch to the sale Of slider With
cut s II: word aguo, implying Is II des:
cider would havt been had the word cider been Inserted
in the place Of liquor The 2 section does not in any
Il is merely dsclarasory Of An existing Rights
right which no state legislation could interfere
the first section added and is at most DOLLY deciars
tory OF then existing right under the Law Of the United
States regulating commerce have examined this ques
the community in the question at Issue. have con-
suited the authorities bearing upon the question In
q peD e the act
ration have to the following conclusion that It
e no offence 70 se imported liquor ~thous having Oh
this case Is prested il ia unnecessary to pass upon
other questions arising under the act as they are NOT
The defendant is discharged.
plant Of henry Hin Va Charles E smith the prln.
oipes involved and the facts substantially the
same The defendant In that case is also discharged
The statute In these allows costs to the prevailing
party.
Arrssts from Insoxicatlon Yeste rtlay.
The number Of arrests for intoxcst.on Increased
nearly City per cent yesterday which probably arose
from the Joy manifested by liquor dealers, aud those In
the habit Of patronisng their sao,ns at tho decision
made BY Recorder Smith, giving al parties the right to
sell imported liquors Thirty three persons brought
before the magistrates in rather unsteady condition
They al COMMITTED TO prison with the exception OF
two or LUCKY chaps who happened to b
smount Of cash f0r thar release The
for ten long Gays The eastern tide OF the city, a. will
be seen from the following table, is becoming quite
insemperate -
First District Court Justice Bogart .........
Second District Court. Justice Brennan.
Third Ihtriet Court. Justice Welsh. Il
Total number Of cases.. ...".................. 50
Liquor Prosecutions-Tae Alliance Again In
the Field.
LITTER TO MRssRs. COLEMAN 4 srBTsoN.
NEW YORK, July II, 1855.
MEssRs COLEMAN STIrsoS-GsNTs: According to our
best information and belief the sale Of liquor continues
the Astor House just before the Prohiotory law
went into effect. We willing however, to assume
hat you honestly believe such sale OF liquor Ia not
violation of law that you hold with many Others that
The Prohbtory law Is unconstitutional and void that
imported liquors are exempted from It's operations In
he NAME therefore, Of the New York city Temperance
Supreme Court to costest the asove points Of Law,
others yovr coussel may raise relative to tue
whole euhject. We wish amicable discussion and
judicial decision Of every poiot
II enter complaint for = single violation win you
acknowledge the sale Of bottle of vine, glass OF
brandy any other intoxicating lquorS And viii ynu
waive jury trial. and direct your to favor
the earliest possible Of the cnss to the Su
We make this offer In good faith, and with high re-
gard for your personnel character nd public stsndiag
An scc+ptsncs At your earliest convsnienes win insure
the immediate adoption Of measures to bring the matter
before the court without delay.
In behalf Of the New Ycrs CITY temperance Alliance,
G. J. WARREN, Corres'g Secretary.
MssRs COLEMAN AND sTKTsoH's REPLY.
Asroa HoUss, New York, July IL, 1885.
Mr. c. J. WARRsy-Sir-In reply to your letter Of
this Gate, we have only TO say that acting
der the opinion Of eminent juris. who believe the Law
which autborses the destruction Of pro-
perty to he unce Institutional.
ConHding in the wisdom and justice OF our judicial
form 70 their decision of this question: do fss
called upon to depsrt from the We adopted when
replying to Jour former proposition: Very respectfuly
&c, C0LEaAN Il SrEfSoN.
The Law ia Brooklyn.
SEIZURE OF LIQUOR.
Yesterday, officer Matthew'S Of the Mayors Office
made seizure Of several bottles of spurious liquors at
the saloon of Thomas Toynbee, Montague place, on
search and seizure warrant issued by Judge Calvsr Of
the City Court 1t Ii understood by all the parties Ia
terested that technical objections viii be raised but
that the caec will be brought before the General Term
of the Supreme Court in session. for decisions
to the Of the prohbitory liquor law.
The defendant brought before Justice Smith, o. the
Court Of Special Sessisrs, and held TO bail to appear
this (wednesday) morning to answer. The case viii 30
carried to the Supreme Court ss soon practicable
and speedy decision may therefore be expected.