The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-10
NEW YORK HERALD, FRIDAY, AUGUST 40, 1885.

,oretsl the nominations of the political candidate from
New Yorh for ten years to come.
This Psn1Drsr thought they were all insepsrably con-
ne ted The country parts were in danger than the
ely; Ii Troy there not ingle tavern closed nor
nre prosecution under the while in the country arts
| they were all closed. II was so throughout the 'ae
They might, therefore, depend upon It that what the
interest AZ New York and Brooklyn was the interest the
whole State and they should have unity pu pose
Mr.. Bper thought that the country delegations
not properly understood There opposition t. tho
York and BE- s0fn at They did not
which should DO adopted in the city. Other localities
were differently circum:tanced.
! Col FRENCH remarked that the gentleman would see
there In the plan he should submit provision for
distinct rules fey distinct localities, wherever it was
! deemed necessary to adopt them
Mr.. French's motion to reconsider was then put and
carried, and the motion for committee Of five then
Mr. FRENCH then read tho following plan of organiza
ton, which he submitted to the opinion of the body:
Whereas crisis has arisen In the political history Of this
assumed 70 the legislation Of the cosnr BY
at be sHS ssssS s Is
rights Of life liberty and the pursuit Of happiness" I'd
Which essssd es
% M hs 70 a W ann n 1na
psrpcnns em by ina, Vigilance whic6 price
The liquor dealers encludns brew
Of and r he state 81
DO hereby aa
proceed mmsdia,sy 70 form ASSOCIATIONS
sonal rights and liberties and protection their pro-
and asas. e Ia sr esr r
ono o al candidates 9r ONCE Whom The
s.s ss1 !. % Ssss.
sass esl
or % ~ ssy w 81
the s s ps0 bsso n 1s 1 s
adopt The following principles for es
deratan o the county the details Of which
ard TSess s & IN , county Of o Stat.
10 be known 'The Liquor Dealers
h s% s may add d
The county societies whenever they deem necessary to
do by resolution directing the members Of the towns vi
Of no 3. s as as ena a
number as dselesaie les, to -, said convention -
county az the county conventions therein shall constitute
for
$s sss! 70
aao Whatever no sS or sndof h %
slall ,hs ANY members Of the liquor dealers
ofe procIe The coercse prohbionss who desire % Be
all honorable so defeat their nomination election
herein and good may Be
q he county society IN which he may reside BY
signing The constitution and bye laws Including the pledge bu
| viding therefor.
i i
| the preamble, TO be stricken out.
| Mr.. FRENCH had objection to that.
The resolution ordered TO be read by sections.
| The preamble read
Some members i'm favor Of retaining the words,
'Church and State" while others thought that the
church had not much to do with the matter out
and-out ianatical oafers.
Mr.. FRENCH consented to strike out these Objectionable
words
The preamble as amended, adopted.
The resolutions then read by sections and al pted
and the preamble and resolutions were atopvcd as
whole.
Col fRRNcu then moved that committee of three be
appointed TO retire and report committee of nine as
state Central Committee
The motion adopted and The following named per-
sons We're appointed such committee:-Mr Dean, Mr..
Ioynbce ana Mr. Mallory.
The committee reported the following State
Central Committee. viz
X. French New York, l. ]. Taylor, Schuyler,
Iunce do. Stephen - Thorn, Oneida,
WIN. Myers Kings, w. veeder, Chemung,
J. j. Simmons, Rensselaer,, O. H.-Booth Duchess
Ezra Tuell, Montgomery
The report Of the committee unanimously adopted,
ana the foregoing persons were appointed the State Cen
On motion the thanks of the convention rendered
10 the president and officers and them at l. O'Clock mid
night, the convention adjourned sine die
IMPORTANT OPINION OF JUDGE DEAN.
PoUGusfrpsrE, August o. 1855.
In The Supreme Court, to-day in the matter the APP
rcation Of John Johnson for discharge arrest for
alIedged violation OF the for the suppression in
emrerance Judge Eean delivered the following opinion
tecn'sins several important points,
OPINION.
Tie prisoner arrested on warrant issued BY the
Fecorer Of this city charging him with violation Of the
act OF April 1855 entitled for the prevention OF
nienperancc, pauperism and crmen When taken be-
fore the Recorder, he demanded that examination
in other criminal should be had, which
and such as the Recorder would approve for his appear
the next criminal court having jurisdiction OF the
offence and in which an Indictment might be found The
Recorder refused to take ball. the ground that the act in
question did not permit the prisoner to give bail for
his appearance to for the offence charged at
Criminal Court having Jurisdiction of the offence but
qnred him. the Recorder Court of Special Sessions
to proceed with the trial of the case; whereupon the
prisoner presented his petition to writ OF hsbeas
corpus 10 inquire into the of his detention The
Prohbitcy act is usually termed contains twenty
six sectious-eome which are long perhaps unneces
sarily The design Of the law together with the means
used to effect that design alike novel in the egisl
ton aud Jurisprudence OF this State and it would be in
deed STANCE If the zeal which has succeeded in procuring
the passage OF the law, which promises to prevent in
temperance paupersm and crime, should not at some
| power, or failed in using language with sufficient
precision 10 withstand the searching criticism
in any instances the former has occurred IL is the
duty Of the courts to restrain the operation the
the legitimate boundaries prescribed by the constitution
Tor the exercise OF legislative power and If its trainers
have anywhere failed in the of apt and precise Ian
10 express the true intent of the enactment it
also The duty OF the courts Ia point out the defects that
subsequent legislatures may provide the remedy In the
case now 70 be decided II only necessary to examine
and construe single section of this law and whatever
conclusion Is reached, 1t in affects other
portion of the act The right to trial by ury--that is
jury of twelve men, selected by ballot from the body of
the county and ompannelcd ms in other criminal
Is what the prisoner claims This right is denied by the
prosecutions and instead OF such trial ii is claimed that
person suspected of having sold Intoxicating
| liquors IN Violation Of law, can be arrested
and without any examination of the complainant and
his witnesses without any Indictment with specification
except The general statement contained in the complaint
can be compelled 10 proceed TO trial before inferior
magistrate; With At but jury of six men, and If
vcied can be fined and IMPRISONED and disqualified from
acting a. Juror upon trial under the provisions Of