The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-27
Our Albany Correspondence.


ALBANY, Feb 20, 1855.
The Prolibisory Ldw-Is Effect upon the Superior Court
An Unconstitutional Provision, dc.
H. appears to be generally conceded that the bill
"for the Prevention OF Drunkenness, Pauperism and
Crime IL 10 called is to meet with determined opp0
ston in the Senate in many Of its features and the true
friends temperance law win find long that the hot
headed champions OF the In the lower House, IL
not dishonest have at least been in discreet in rushing it
through the Assembly with such indecent haste, and
without allowing any Of its gross mperectons to be
medied. Alarmed by the arbitrary action Of the MAORI
ty in the House, those wbe to be affected by the
provisions Of the bill, supposing it to become
law, taking active measures to search tho
roughly into it's defects and to expose them before
the Senate Committee II impossible that body
Of sensible, experienced legislators will close their
against reason and their eyes against deformities
as did the peculiar champions OF the prohibitory
law in the Assembly. bill full Of imper
fections and blunders must certainly be cast out
by them, at least modified aud amended as to
bring it's provisions within the bounds Of constitutional
requirements and render its operation practicable. One
Of its features has convinced the judges Of the Superior
Court of York of the propriety Of making the bill
subject Of special examination Judge Campbell is at
present in this city, with this object as understand, in
view. have had an opportunity OF ascertanins his
opinions after very hasty examination OF the blu
He considers that II enacted 10 its present shape,
it win fatally impair the utility of the Superior Court
act and oblges them to hold special sessions for the
hearing of To render 1t still embarrassing,
IL lays appeal from the Superior to the Supreme
Court. Now, the former court with heavy and most
important calendar cannot find time to attend to their
civil business and to the criminal business which the
bill imposes upon them. One the other must be neg
lected As the bill ifcts fine and imprisonment upon
any having authority under the act for neglect OF
duty refusing carry out Its provisions the Judges
Of the Superior Court must OF course neglect all their
important cases. and devote their attention almost
clpsvely to the tens ohouands Of palry suits that
win be commenced under this model law. But the bill
ao provides that the magistrates having jurisdiction
under its provisions shall receive certain fees As 1t
makes the Judges of the Superior Court such magis
trates and entities them to receive certain fees is
very questionable it DOES not violate the constitution
OF the State which, in Article O. section 90 declares that
'no judicial officer, except Justices of the Peace shall
ceve TO his any fees perquisites 1t would in
deed be outrage should the Superior Court be shorn
Of all its usefulness corrupted from the very purpose for
which Instituted and turned into court for the
trial OF petty liquor disputes between grogshop keepers
and nformers Judge Campbell will give the matter,
doubtless thorough inyestg cation, and his legal
men and sound judgment win much aid the Senate
Committee in forming such amendments to the features
Of the bill to which have alluded will at least pre-
vent II nom destroying the usefulness Of OF the best
courts In the State. DALTON.