The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-16

that consequently, he did not feel obliged to place
himself in peril: The Grand Jury and the District
Hinson stood his ground. and fairly, too, We think
II Mr.. Hnson had replied that he had seen Mr.. |
Best sell liquor, he would have been throw into |
and forever after incapacitated for holding office.
This was an unlocked for technicalty, and bothered
the Court and the District Attorney considerably.
The Grand Jury presented Mr.. Hinson for CON.
T. wShe, Mr. HI e refusal Sa TO
commit himself was q contempt or not Up to yes
terday most Of the police officers, and among them
Mr.. Hinson, were entirely ignorant OF this feature
of the law. Messrs. Fithian aud Josiah Cook were
counsel for the defence.
End OF the Lowell Seizure Case.
The case Of Jeremiah Dempsey and James John.
son for violation of the rev Liquor law was tried
in the Court Of Common Pleas at Concord on Thurs
day, and resulted in the discharge Of the dsfsndans
They we're arrested few weeks since near the
quite large quantity Of liquors, which were seized,
together with the horses and wagon In viii ii IL was
being carried. The Lowell -AdUertise adds these
comments" So ends the first experiment In Low.
ell, to seize and cons,ste property and outrage the
rights Of respectable and unoending citizens, unless
Mr.. Dempsey should commence legal proceedings
against the officer who made the seizure, tor false
and the unls sful detention Of his team
We regard the act Of the officer in taking possession
of the property of Mr.. Dempsey, not hing more
less than the NEST daring highway robbery, snd be
deserves to punished for 1.-THE same as any other
highwayman."
miscellaneous Items.
A man named 6oribner was arrested at Perry,
Wyoming county, on the evening Of the Fourth,
being partially into xicated. He Was taken before
justice, and stated that he obtained his liquor Of his
brother Charles, who purchased II Of Nehemiah
Westbroe k, that morning. After this disclosure,
and having become somewhat sobered, Scribnsr was
discharged. Subsequently, however. westbrook
met Strbrer in the street and knocked him for
maxi, g gu b disclosures, for which he may here.
after be called TO ans YER before the Grand Jury.
The Saratoga Republican has the folio wing
presume thst II l. genei ally kno vn that liquor can
be procured In this village at our hotels and elee'
where. If Lot known, We hope the press through
cut the country will give n0tice of the fact. Ia any
event, snd under all circumstances that may arise,
strangers who may visit here can be supplied with
any liquors they may desire, the sale Of which is
now open and bove board.
Slice the Fourth there has been bnt one place IN
the village ct Dunki1k where KqVor is retaied and
dlapk On the premises. Is usual The balance Of
the movement OF the waters.
Tie policeman of Albany who neglected to infeg-
fete In tho outrage recently clmmsted in nat city
upon CD iDfcrmer in liquor case, Were tie out.
ragged individual was covered with charcoal dust,
hss bs en- dis missed from the dep artmens,
In the f, uth ward Of Philadelphia there are 24O
places where malt and spirtuous liquors sre sald.
1853 of thtse are kept by Irish, 40 BIZ Ame,icans 81
by GeInars, IA By English, by Ffenchmaa, aad
q by Welchmen. The prohbitory liquor lay of
Peursy lyania will 60 into operation On the lss Of
October
I. 9 police of Bangor, Me-, made heavy ssizure
of liquor the 12sn inst, from the schooler TSro,
cor sisiirg Of 81 packages, containing from 800 70
800 ssllons
Opinion OF George WOOD. ESQ. on the Maine
Law.
TIE act Of the legislature of this State re-eutly
PASSED. for the prevention of intsmperance, paupersm
different gentlemen upon this subject, and aei
with the citation Of 20 many authorities, that do not
think It advisable at thsme to enter largely into the
sh,ii oonane myself to giving, In my opinion, the
Of the case, with few explanatory remarks.
This Is highly penal statute 1t creates offences
which cid exist in the law before and Is lavish In
inficting hnes imprisonment, and forfeiture OF pro.
shall nrst ccnsiser this case on the supposon that
all liquors., well those imported az those mAnufac-
tuied in the country, embraced in the provisions of
the law.
think this act If carried out viii amount in effect
and ubsant ally to the general destruction of this Kind
Ii prohibits the sale Of liquors for all purposes except
for medicinal, smanufscturipg and sacramentsl uses
These except ems are comparatively traing in amount
THY form q mere minimum.
bought and sold to be used as beverage; and when
longer allowed to be used in that way 1t is rendered
disc and traffic Under these circumstances 1t Is ques-
tionabs whether dealer in the article could afford
II.
The power Of disposal sssental ingredient in the
ieea Ct property
Property in ports domiron use, control In civiliz
ed eonntTy-indeed, in any country advanced beyond
the Hunter statethe power Of disposal is all important.
No would acquire this properly in the way bust
article OF exchange for the ordinary uses to
which it Is applied, unless be could sell it.
manufactures or importer don't expect to consume
must then that the great object Of this .t is By
destroying the general power Of disposal Of this property
fs 40
viii OIL, serve 10 establish the general rule and object
which is destruction.
this property by this act under the circumstances Of the
lawyer, that they cannot pass arbitrarily to des
troy any Kind OF property without some legitimate ute
&C. to destroy all the superdne broadcoths in tbs
sta'e- such act would cut to the bone 1t would
be abr olut.y void It would To SO because it would
Suppose the act should go further and prohibit the
future quisiton o. such properyit would then also
the rais rsbe right to thu pursuit Of happiness or in
other rcrds acquire BY his industry the comforts OF
e: Tsad espIiye him Of the liberty and privilege
Engaud by Magma Charta and this provision therein is
im as 20 our State consultation.
Tie right to property Is vested right and cannot be
arbitrarily taken away without mpairing the obligation
1t is said the state Legislature, in It's so,.rsisn
Under this head they nay rsstrt and control its ns.
ATE inc moce OIL fae and even prohibit Its sale
altogether. They may also direct its destruc on At
once ard absolutely. But all this mus. be done and
can only be done for sone legitimate Interior
within legislative competency. They may DO all this
when recessary for tbs preservation Of life or health
Ct religion or morality. But, in free country where
property Is protected under paramount Fundamental
law. the necessity must clearly exist
When that necessity does not exist, the Fundamental
law must prevailmust protect property from ths non
srasp CT ibtrary power.
7ttr a. and In the nature Of tho case there must b.
lle OF ferarcatiou between this legislative power on
the hard to impair and even Destroy property Ter
hee Interior ects above alluded to- and on the obsf
band the power Of the judiciary under the Fundamental
law to protect the citizen In his property against has,y
Or III ADVISED legislation aiming at the destruction CT
property when that ne ssssity does not exist.
~ wft N u this line TO be drawn The advocate OF
' ',,',y legislative power say IL must be done exciu
~ he iest.lh.ure-that they the cole ju ises
"a. rsno De rendering the fundamental lay as to i.s
-sh upsn we Legislature dead letter. When they