The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-24
The Pxohibst0sy LSquOr Law

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TIE WILLIAMSBURG LIQUOR SEIZURE CASE.
Before Justice Jacobs.
Yesterday aftsrsoon the Gaze of rnomss Berry liquor
dealer corner Of Grand and Seventh streets Eastern
District cams up for trial In thus about ~ 900
worth qsor seized, since which several acjourn
nents hsvs taken place. the last being in equence
OF counsel for defend ant moving for his discharge
tbs srnu that the Court bad criminal Jurisdiction
Philip Hamilton appeared for Mr. B~sry.
The District Ass:rnsy Va. a1s % % ts 70 o. pisseu. 4.
the l4th instant Mr.. Hau,iroa moved ter the dis
chsrS. Of the defendant Thomas Berry, from custody
dic,ion-vde act april 10. 1868 Connected with tbs
motion intmafion WAS made BY the counsel thai
90Ss's asos Of sss
nors appointment, and he thCugnt IL both ad-
vsabis snd important, no: only vi WITH : view
personally, to examine that poipt in connection with
the whole subject invoived in order that be might un
derr&ra vpon what tenure he held ohce and what du
ties dsvolvlns upon him. Th he had spdeavored
to do with the aid Of council and had arrived At tho
Fret That he IL . justice Of the psacs, duly and
legally appointed In the place Of James Aymar, de
ceased that a. such, All the po~srs and prvisgss
that MI Al mar required By lax to exercise and
was entitled TO, have dsvovsd upon him
Second That Mr.. Aymar having been elected
justice OF the peace for the town Of williamsburg
Tor four years from the 1st day OF January 1852
mARstrats entitled TO (Aud In fact usred
nas .bs sss
could not deprive him Of and that his In
ofRcs 'hs came power hsd devclvsd upon him there
fore he vas criminal magistrate independent of any
power conferred upon him oy the prohihitory Law
Third.--1hst tbs prohibitory law WAS . general act
that s Pam intent and purpose that every a.tce Of
dcticn far the orcsmsut OF this Law s con srn
ed "a for instance justices OF ths marine and dstrN
courts Of New York city veatsd With criminal power
In thste On the other bsn5 ths act OF l3
In scn TO Justices Of the Peace Of tho late city Of
nstets hos. Justices Il tho positions from wh-h they
had otsn ousted BY the Consolidation act conhrmng
h.d ss1.se sssiss as civil justices snd cannot rss.o1
ably considered intending to set ssids any portion
o ths prohibitory law Again; while the sct Of April
portion OF Tbs prohibitory Inv which would give the said
Justcta criminal powers, took effect on the 4sh
seousrt law conirollipR the previous one. Such
appeared 10 him at least TO be the law rhs subject
.na sthsu desiring to take any step sownres
he felt eomPeed TO deny the aon TO discharge Mr..
Berry.
the OF the Governor In making the appoint
pept Of Jctice Jacobs. He also denisd tho charges
alleged sgssnst Mr.. berry. and demanded jury trial
The fr Vi is set Gown for July 80
Ths railing and escepsions made in the case
OF Wr Gufchsrd, ana shs case set down for trial on
Neonsseay, August1.
THE LsnDN LIQUOR CASE IN ALBANY-JUsrICE
C0Lg's CHARGE TO THE JURY-rHE GAZE CARRIED
UP.
We gave the result Of this important trial In yessr
days p~rsr and as the principle At issue is one OF
unusual insrest at this time, 70 day publish the
charge Of the presiding Justice to the jury s sub
stantisl,y As oiiows:-
Geptenen-It now but remains for you to render
your in this case, which has occupied much
Of your and elected such elaborate argumente
from to iesPective counsel Although . gres,
deal o. tire has been occupied In the trial Of this
sss Lot been time altogether wasted. Thus
the Hrst in this city under new sAtuts, and II
are ciosto, and you called upon, not TO nsr
pret, but administer the lsw 1t H. Tho rst ques
,' 90 hs 3. . WI
II has oos otsn held by those from vsn We have do
rived M reAt body Of our law that jurors ars judges
equally OF tue law an Of the fact IN criminal II
dsenec recesssey that jurors should bo clothed with
this power ia order to fully exercise their functons Of
umplres between ths KING and the subject They are
elstheo vito the ssms power, to perhaps limited
test hsre Our leyislaters crcumscfibsd BY writ.
zen M Enssna MS no wssn @ Sons'a,on ~ on
eJte1t there exercise the right Of judging OF the
law VEL rs OF the facts . like this. All laws
and DO, onl, obeysd, but deemed constitutional until
decided ofStrwiss BY the courts Jurors composed Of
life A.. cot to be supposed to Be- able or to
decide upon what laws and what not conatitu.
tonA TIE rule Is. that every citizen should deem al
laws enacted By the LegislAture couatut0ss and act
accsrdogy, until the proper tnbunals Of tho land
courts eott ed with competent authority-shall de-
and vais This comp.t..s authority. in this state.
Il our highest courts II every justice Of every Justice
. s II. Ss soss sSue
before II there would b nothing but anarchy In the
Land No, gentlemen II Ia not for jurors not
for ufcr- Of inferior courts for the justices of
oouYts decide upon the cf any law
unless indeed that Law aha BE- in clear paIpabie no
isasD personal rights and liberty OF the indi
In ossewbere the liberty OF toe indvidu his
inAhsnssie rissuaxsrs involved Il night se ths daty
OF oec upon the OF the Law. Bat
this Is no such law involving no sush rights. Gentle
believe ths Lesissture Of this or any other State
has ts tona1 power 10 prohibit the sale Of in
toxicatrg tsveragss have doubt upon this point.
the supr.ms Court Of the Unisd States a. read ,S.
opinion OF Jurgs Caon and referred TO that Of Judge
Tsney Ind his assocatss. The former asserts, In 20
sAle 81 such liquors Ltogsthsr. Aud even those who
have written judicial opinions against this aw do
.. . a assert rt simply sns. e do.s ss r
they have gone further thsn the constitution allows
them TO 60. This understand 70 b the posiusn Of
Nessrs Bronson Wood and Others extracts from vhoSs
opinions have been read. But, vbstsvr msy b. tbs
opinion n thsH genusmsn, and how clearly sosver |,
may Re their rsbt and privilege 70 give puoci.y 70
opiners u not our provinces gsntlemsn, 70 pronouncs
upon sbs constitutonasity Of this statute However
true nay .s -S's s,,sn. s. dsss.a s. 1nsGs.ssa
NO such tribunal has passed upon this law, II Il
% b csemsd BY W here - good and valid Las. For
the purposes OF this case, ! shan consider thla
law A. constitutisnAi and valid. I hAvs my own
optsors Of g. however believe portions Of IL wise
and psrtsps partA Of Will be declared 70 be unsoast
tuticral Bot ssntismsu, ~ have already said, Il
not for ,ou nor ms 70 decide that question rha
NOT Of that class Of which would jus dfy In
deciding that point II dosa not iavoivs the qusa
ion OF ths inasnabs rights Of tbs Individual. The Do
fendan, 10 this suit. Mr.. lAndon, hss bss, ausigued
toxicstipg liquors. In considering the cass shall
deem As trst sestson of the Av-ths sec ton unds,
which he is arrAign1d-as ooustatutoaaI This nont
bsine Assumed, tbs nsxt Inquiry IT, what vsrs tns IL
t~ptons OF the LSgsistufe In adopting this ssslIou
for yow duty 70 carry out thoes intsntioss vou
caa sesrain what those istsntoDs Bat IN sndsa
vorpg 70 10 you natt construs the statute stretiy
10 not your province 10 speculate upon What thoss il
fSst,ops but 70 asoeraiu them By sfYet