The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-21
49, The LlqUor Question.
HITlNa or TIE rHIRrTERTH wARD rBx.ERANCB

HITTING U TEE TulHIEkkId WAND Fw&SEhANVb
ALLIANCE
ADsstDg Of this Alliance held on hosdAy aightin
the BAPTIST church in Caanon street, Grand The
church ven fllsd With sdes and gsnti.nsa, thsre
being present perhaps ave hundred. hr. Edward
FaleenR, ths President OF the Alliance In this Ward
occupied the chair and Floyd eeiatsd Secretary.
The exercises we're csnmsneed with prayer BY the
Reverend Mr. Lecum After which temperance ode was
sung by Mr.. william H. Galley. The singing vas much
praised.
Reverend G. +. HArnnD was thss introduced to the
audience, who spoke in substance ~ fellows
When was invited to Be present zpoA this occasion,
understood the object Of meeting 10 ascertain
how the ministry Of this ward stseo upon the Aains
law. There was suspicion sssinst the ministry aris-
Spring, IN the kstropaiis.n Theatre, who, in TO
fsIing to gentleman sninsEt in the ministry,
are thsyY' The speaker thought they would
all prove themselves one in heart In favor Of the Maine
often prev ensd them from taking the stand a. public
advocates for civil law; but whsn the epportunity
onersd behalf Of the Presbyterian dsnsmnAtsoa 20
could pecge they would not DO found reorsant to the
prOhiotory measu,s. For himself, no had not tasted
even wine since be commenced his services minister
dred couples In mstrmony, and mot even much ~
tasted wne even when pressed upoA htn By the lips OF
ps.sidsd over body Of fellow students who supported
the prchibitory msssurs and this was 1t time whom
as bit ss sS s 70
his views upon the subject Of Mayor Wood
had laid the community under obhgatons TO hmm two
particulars. First he had proven that the liquor law
could be enforced on the sabbath and thus the pub
lie to know that c,uld be enforced upon the Sabbath
had laid the public under Obligations, because he had
shown how utterly futile II TO rely upon moral sua
sion to suppress He had proven that NO
thing but the strong Of the law could reach ths
Sruskazds heart uadsr the dL ection Of his coastu
tonal advisers he gave the rumseers the benefit Of
peang to them to show to the Community BY their
tons that the law vas necessary 70 restrain thea
has been the order Of the day. every
where prevailed This speaker ended his Discourse BY
calling upon the eonmunity to $50 that the Maine Law
Another ode was then sung by Mr.. OAKLEY with an or
gan accompaniment, after which the Rev. Joseph Bsa
Mr. J. f, seArles ana Mr.. LSe spoke, after which the
meeting adjourned.
DECISION OF THE SUPREME COURT or MASSACHUSETTS
ON A SECTION OF THE NAME LIQUOR LAW.
From the Boston Traveller, juno 10
Nhe Habeos Corpus Of Besey J. Sulliusn Chief Jas.
tics Shaw came into court this mornns, accompanied
to deliver his opinion 10 the OF Bstssy Sullivan
petitioner for writ Of habsas corpus which was argued
He stated that the prisoner wss committed under the
15sh section OF the Liquor Law, for selling without
license anc from thu sentence Of the Police Court she
appealed She then ordered to recognizes to prose
cute her appeal to the next Court OF Common Pleas
and abide the final sentence Of that court She Il
that by the 32d section OF the she should
have BEEN committed differently, VIZ "to ABIDE this SEN
tencs Of the Court sPpealed from"
Now this is penal statute and must be construed
strictly cannot be forced from It's obvious mesning
on merely technical OF other gounds We canaot know
tain from the language Of the statute itself The pro-
vision 10 thus
81 Every conve under the last section
& sns . s1s %
bsden q. county: ana .PP.li:n shall ss
n e. g s: the n s q the said S;.s
t With good and
ssSs as:sss
Of court in the meantime to keep the
BY The first clause o. this section right to appeal Ia
given in clear and distinct terms md this 10 necessary
TO every charged With crime the rghs O:
trial BY jury Justices Of the Peace and Police Courts do
But it has always been held that II there an un,b
structed and uneiogged right Of appeal to court in
which such trial be obtained that article OF Bill
Of Rights is not nfrDged upon This right Of appeal
urged that il is trsneisi and ciosgsd BY the latter
effect such until the furnishing OF sustes required
by the same clause, and the difficulty arises upon the
II provides th.t tie appellant shall bs.commi.tea to
abide the sentence Of raid Justice court the words
and the word might b. construed to mean the
But We cannot thus strike out those words We think
plainly refers TO the court appealed from. Now, il e
asusd that the intention OF the Legislature that
the party committed should be committed to abide the
giving bonds he may Be WORKING cat the sentence Of
the court and at eli tmes have choice either to work
ton Ct tie sentence thus worked oas ssoud not Be
dsrsone again; bnt we think that when appeal 10
granted it means THAT there aha be full trial in the
court appealed to &c nopo and thus the object Of giving
the appeal.
was claimed in answer to the arguments OF the At
tGrpey General who said that the last clause of the 32d
section was psensible and void that il this clause was
stricken out as void, there would be no provision for
holding the appellants and in the. the party
go at large and the remedy would be, when the appeal
was entered by the commonwealth, to bring the appel
lant in BY capias for sentences but it is not probsse
that this was the in ention OF tie LgislAture.
But there is another ground tina: perfectly consist
emit with the statute and the ordinary rules OF copsrtc
ton admit to their full extent the arguments o,
the petitioners counsel that the lest clause OF this
and void.
void the statute is TO BE construed IL t there
and although it contsnded that Ill oher laws for the
comnta OF appellants are repealed by the sst section
We think that argument csnnot be sustained FOR the
reason that the clause being entire void has force
rot even TO repeal statutes Inconsistent with its pro
visions.
Tas leaves the Revised Statutes chapter 1885, section
L. in full force, and the conmtsai being acsorianss
with that section, is valid, though the nitu1en.
would be wholly unsupported BY the 32a section Of the
new liquor Law.
Tbe prisoner was therefore renardsd int, custody.
MISCELLANEOUS.
On Vie 18th inst, as we learn from the Lowel Courier
two horse Boston wagon, laden With FIVE cssks gnor
and driven BY Mr. jeremiah Dempsey liquor dealer 81
Congress- street, Boston, sliced by the poe o. Lo
ell IN Central street, near the American Houss. The
driver and also Mr. John Johnson who vas on the wa
gon were taken to the watchhouss ana yesterday
ing the liquor stored at the City Agency The horses
and wagon in possession Of ths city authorities.
The comes uP for examination on the 23d inst,
until which time Dempsey and Johnson recognized for
their appsarsucs The liquor understood to ssen
on is way to New Hampshire
On the l4th inst, Levi Jackson Assistant Msrshal in
Wlr.p siyal IN tba aoeI ais Gan
ther situated in thu court of Main behind Sargens
block, Ia half bblf. OF beer labelled tom perance small
beer" and q bottles Of wine The liquors placed
safe keeping, to await the Issue OF further examination
In Fitchburg, Mass, fe. days s.n.e constable was
convinced that the breath o. stranger whom he INST ct
the depot smeit OF liquor aa5 enticng him the lock-
mp under the presence Of procuring dsnK he showed
him in and kept him there all day At the subsequent
upation before Justice II Appeared that the stEan