The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-21

The total number Of arrests reported yesterday by the
police was ten divided among the districts folows
LIST District. !
ID /" ACKNOWLEDGEMENTS.
Sd Z" q
4M . ...................'' ..''..'................
They wsfe ali disposed OF in the usual manner.
Opinion Of Greene c. Bron son on the Prohlbl-
tory Liquor Law.
So much has already been said upon lately enact
cd liquor Law, that shall only notice few poiats and
to those shall Do little than state my conclu-
sions without much discussion. At another time may
examine the subject more at large.
lbs Legislature has, In my opinion taken an
The owner Of liquors, who has ursd them under N:
sanction Of the laws is wholly prohibited frsm selling
1os Us. rs e ss.sr,gs whon dep,,es sh' property Of
sur.ties in sve hundred dollars EACH satisfying Judge
oath he sector Of the town or ward whore he
intends to SELL that he does not Intoxicating liquor
beverage and does not and during the ts he sh all
sen vnl not, follow any Of fifteen twenty
lawful pursuits specified in the act 1hsse are great
mast opsrai. total .sos I selling sAss for
any purpose The right to sell ID enc Of the incidents
let value and except where the merchandise has
acquired fca consumption there 10 no difference In prin
cpe between the right to sell aod deprvins tbs
Of bis beneficial interest In any other way Cur
constitution provides that no person shall be deprived
Of fe liberty property without due process OF law
usurped judicial powers which bsioos 70 the courts
alone, and passed sentence Of condemnation against
riquors kept for SALE or with intent to SELL in viola
tion OF the act, declared to bs public uusancs.
Of opinion that the Legsiaturs cannot AXE shas
. nuisance by merely declariog it to be such 1t must
be either in its nature or from the phase
or manner Of keeping or unng Il; ant whether nu
the Legislature. public nuisance may be abated by
any one but be viii act At tho peril Of being aels
taurs cannot the evidence for him give judg
ment in his favor The constitution affords the like
sssture can euthorzs the obstruction the latter BY
merely branding IL with an ious name see NO reAsou
Why may not BY the like means, deprive the owasr
y hereto and burned at the stake.
- . f: s not i ~ oS,s sSs
the moderate Of liquor is sin against either God
man, that the rnocent should be pusishsd ss well
that Furnishes only slender reason for dsnouncn the
gifts themselves nuisance. The sbuss cf inoxicat
I 1hsn IL: hso
xecy and hsr laws either written dictated By
n: as .s 81 Ss y.
nor by Paul. nor by any ons else until We get down to
the fsnaticism Of our own times.
grievous penalties, arms inferior and irresponsible Off
cers with unusual and arbitrary yers pacss jure
suspects And threatens naestrares and other public
Officers, tho rules of evidence BY presumng
guilt instead of innocence invites aegressons upon pro
those who framed that the m.asur. could not De car
rsd into execution by the ordinary for enforcing
Der the hs 2. Tns
breaks into dwelling and tasss and carries way liquor
0 thief or robber, has got better title than the
without proving that it 'a ~fuly KEEP. and ownsd
BY him." Again. ths trial Of any one charged with
criminal offence created by the act the delivery Of
liquor made prmd face evidence OF SALE and proof OF
sale made sufficient evidence OF awful sale. And
4 m r used v
ths sick, at the communion table may be convicted
Of ssmn. offence ana . shua up lr Prison unless as =
laws reflect credit upon the age or eoantry in which
we live; and IN my opinion, the LegslAture has gone
II the law Rad been wholly prospective ia its opsra-
ton and had only forbidden the sale Of such liquors
from Of tbs objections which have besn mentioned.
But such ia not the character OF TIE enactment.
s.nur. and forfeiture Of liquors ~: subsct 10 several
very grave otjections but these with some other i'm
portsat questions have been 50 tauy ~ OPT
piauiibis pretsxt is psyr wanting FOR violent msa-
Of .is KIND. The prevention OF ntemperance s
only among the number The public good is always
put forward the end to be attained and that 20 i'm
portant that no one allowed question the Of
such prttsAces the greatest enormss have been com
Ettsd. The rights Of all have been invaded because
soms men abuse their privileges. The liberties OF the
people have been overthrow 10 countries under
color Of promotsg the public welfare; and under come
Bble the right 10 think for themselves upon the
most important Of all subjects.
The Ia. In question Ia the less dangerous because
~ soAi's a,sscfsu against Class Of men, instssd OF
H. whole community. That Is the ususl coarse In the
cncroaer -tnts Of power Tho attack commerces the
weak points and proc.. y aesrsss pas ss. Ia5.y
royed in one day or b. single blow II b.eomss us 70
watch the arrt SEP. other merchants well thor
Who deal in liquors had been incladed In the prohibition
against selling their goo5s and the farmer and he
chanic had under some plausible pretexi been denied
the right TO vend the fruits OF thsir industry all
would have ex claimed against the rank Injustice OF ths
measure. And yet the title TO intoxicating drinks n A.
perfect ss s the ss sS sn} os,I soe,e, % !, o. psSp,
one can Be that his rights ~ll not f.li next
H. ve assume that the Law is valid, think y doe,
prohisory section concludes By declaring tbs section
shall spply to liquor the sht to sell which N this
ana settled By ihs highest court IN tho land tts The
Laws ef the United States gvs the imporeE the light TO
cyery othsr state The s.viog clause whiea has been
quoted says nothing about saes by the impors OF IN
she orgssl p.eAss.s nor SSou, = 'ssss & %
any qnsiicsticn 20 a. sales q qaors Tier.
be construed TO prevent the importer o. foreign
liquor from bscpDg or selling tie Sane IN The orgn.l
packages 70 any person authoi,-d ~ the ~. 70 81.
without any prohibition whatever, and am unable 70
ste hsw general saving clause, which taxes si sale
rspss n M oosr.on sus z, s 5, saving
which autsorizes fses by the importer 70 partcu Ar
class Of persons, but without forbeding sses oy and
all other persons. There l. undoubtedly eome incon
gruty in thu two clauses but one permits, and the
other does not forbid the unrestrccd sale OF imported
liquors, zee principle which tho courts de-
clare prohibition They not At liberty 70 gusas thai
more was said than was intended Ia the hrt section
and w. 10 truth there bluRder 10 IL the bus'nas.
OF the legislature and OF the courts 70 csrret tbe
Many rules have tosn given for the nterprcts
1ion OF statutes but none OF them viii authorize The
courts 70 correct mistakes supply Omissions In tn.
law. No rule OF Interpretation IL directly applcs
ble 70 this than the one vhich declares that pens
wtatutes should be construed strictly.
ILL., Some Judges have beld that the pom OF tbe
law may be imposed for sses without license bstve-r
the hrs OF Mar and the fourth day Of July the pre-
ssnt year But there Ia view Of the auestion which
As have observed has not been considered The csa