The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-17

latpg their sefshness upon the altar of public good
not at the mandate of monarch but under the sway
Of self enacted laws at the an exalted virtue
And the stepping stone to such a moral altitude,
they respectfully present the following BILL and recon-
JOHN W; srEBBMs
CHARLES 9. LEIGH
LEVI MILLER, foomns"e'
N. M. MASTERS,
c. p. JOHNSON,
The bill accompanying the report varies in some
traiDg details from the copy as printed few days
since. There is not, however, any alteration in any
main feature principle, and the difference between
the BILL printed, and that presented with the fore
going report, is quite immaterial
MINORITY REpoRr.
The undersigned, minority Of the select committee
to which referred much Of the Governors mes
sage as relates to the subject Of intemperance,
REPORT
That they roget that the brefness Of the time allowed
to them for the examination of the bill proposed to be
reported by the majority Of their committee to your
honorable body such a. TO forbid that full investga
position of its features which ts importance demands.
Indeed it is matter of such public notoriey, that the
etiquette in abiding to it. That the bill in question
prepared by committee OF political temperance
held in Auburn IN September last and that
thereto have been taken charge Of persons not mem
bers Of this House. holding any responsible relation
to the people, but acting in behalf Of seconstituted
AT time when public opinion expresses itself in terms
to bias and govern lie action Of the Of
the people, the presence and the dctaon OF such for
midabe organization in the lobby Of the Legislature
dent however in the independence well the iateg-
ry Of this body allude to the fact in spirit,
under consideration out Of the committee has pre-
vented us from giving that close Investigation to its de-
tails which desired.
In the message returning the bill of 1854 to the Senate
with his objections CT vernon Seymour pointed out its
most obnoxious features in its summary modes OF pro-
cedue its artificial consuctions Of evidence its creation
of rights Of action heretofore unknown, and having no
equitable character, its taking Of property with
of the doctrine Of English law that every mans house
his CASTLE and that no power In the State can enter
On or
language Of the act the character Of which was thus
exposed to public censure has been wholly modfes its
few instances, removed.
1t is evcent, however, from brief examination that
made Of the bill which last year passed the two houses
but prevented from becoming law, by the veto of
tho IN
tot provoked, threw light upon which revealed is
defoImity, its dangerous character, and the evil
complication Of if" political issues in the election
Of November last has made it difficult to verify
with certainty the character of public sentiment
in relation to that BILL but it is apparent that the
candidate personally identified With It received but
that the cannot be claimed as popular verdict
in favor of the measure especially when it appears that
the candidate mentioned as the exponent OF the
views of several conventions and that the party which
presented him the Maine law platform compelled
to propose modification of the BILL But while the
undersigned acknowledge In the altered language of the
bill and it's subtle notifications, concession to public
opinion and desire not directly to confront and assa
the they IN tine D tine
that distinguished the condemned and repudiated
bill of 1851 The The r
evidence, the same trifing with the obligations
of contracts, the same endowment of the lowest
tempering with the right of jury trial, and the
subornation Of normers and prosecutors The theory
of absolute prohibition is retained while the right Of
search is ostensibly guarded, when conducted
upon the warrant Of magistrate yet section twenty
violation of any provision or provisions of this shall
be deemed and is hereby declared to be public nui-
sance," reopens the door for still more fearful abuses
The undersigned cannot but b.. eve that the phian.
hropic under whose superintendent this measure
has been brought forward were ignorant of
all the guards which protect property and the privacy Of
dwellings and individual rights, and gives up the pri
vege Of search and seizure and destruction OF property
to the arbitrary will and unregulated violence OF mob.
public nuisance at common law may be abated by
motion and without the presence or authority Of ma
gisrae and the destruction Of the property ana the
trespass done to private premises in the pro-
OF abating such nuisance, involve no criminal risk
and responsibility for damages to the participant
therein II is true that the law holds every trespasser
to strict accountability to that the thing abated
public nuisance; and in the rigidness Of its
quiremepts found means to protect private property
against outrage and the public peace against outbreaks
Of mob violence But by this act, the question to
what is public nuisance Is not left the courts but 1t
dened and declared in advance and with the DISPENSE
ton given to every eitizen at will at any tme day or
night, alone or in company with others, to abate
the nuisance, we confess we see no limit to the
invasion of the domcils Of storehouses Of citi-
zens the seizure and destru :tion Of their pro-
perry and that with the IMMUNITY thus other
and seizure and when
Quoted under the color Of law should have been regard
ed by the majority of the majority Of the committee
worthy even Of the pretended safeguards with which
they are surrounded in the proposed bill.
Much misunderstanding Of the relation of the State to
the business Of the people has grown out Of the term
''icense," which is used to define pecunary fine
tax but which in its general accepaton signifies
special and approval granted By superior
the issuing OF licenses to auctoneers peddlers vicua
pawnbrokers cart and hack and the exhibitors
Of public shows do not intend to imply that the class OF
dealings which these persons pursue Is injurious to the
public welfare that the State, by licensing them,
meets itself with them or becomes morally or in any way
The license'' is intended first as a tax imposed in a
muneraton and identification which greatly facilitates
the operations Of police The tax contributed from these
is large and cannot well be dispensed with,
that the Of municipal county and State taxes
has been largely increased The bill reported to your
House however does acknowledge the principle and es-
meaning Of the term II first outlaws the traffic in spr
it's wines and ales and provides sweeping processes
against all engaged In II and summary modes Of exesu
prisonment and then authorizes two thousand per-
to be specially appointed to deal in liquor without
fee, tax reward The parties who appoint them
the judges of the courts and the qualification for the
office is an affidavit that the applicant does NOT use ntox
icating liquor as beverage, and will not infringe the
limitation Of the law.
These limitations that he shall sell such liquors
only for mechanical, chemical and medicinal purposes
and pure wine for sacramenta and 1t Is enacted
that the sellers must have good to believe and
must believe that the purchased with the in
tent to be used for OF the purposes mentioned.
How far the law be enforced which declares that
man shall believe in the intention Of another, or
that the other shall do he intended, Is question
which has yet been practically solved 1t is un
fortunate that IL reserved for day and genera
ton in which the law has refused to define what me-
dical purpose, and what sacramental USE Is It was