The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-09

sent act.
is said however that in the exercise Of its police
gunposder and quarantine lawsdestroy private proper
y for the public good. Tn. Of this however, is
ect Is in ITSELF from it's intrinsic character direct
ly dangerous to life health, In a position from
might aow. Purifying erchandse stored in ware
house would be illustration Of the former
OF the latter view The theory Of the on this subject
Chief Justice Shaw in the Fisher vs. McGirr
American Law Register, VOL 2 No s. p. 467 seems to
this-"Tbat property Of which aoxious AMI inIuriou
either it is unawully used BY the owner or person hav
ing the power OF disposal by person with whom
he has placed and nrusted It or that by his default il
has fallen into the hands Of those who have made an
intend to make the noxious and injurious use OF il
which they have right TO be relieved
Ihereore, a. well to abste the nuisance to punish
the the property may be forfeited destroyed
wisdom Of the Legislature direct -
Now granting that it may be competent for the Legs
ment Of prohibory law that ouor Kent for sas sb"us
be puirsnce and liable to be destroyed (Which dsny
it impossible that the Legislature could constitution
ally direct such power to be extended embraces
the care OF liquor not intended sale but held in
store for such purposes, other than sae the interest
peal or modification Of the law or an oDsortunitv Of
shipment to other States countries.
, Liquor Is not in itself injurious to any person
thpg 1t its improper rather abuss-its
quental moral operation rather than any direct phy
cal efect-sgsnst which the policy ofthese laws under
when 1t is snded to be matter OF traffic the
remedy Of seizure is given.
But in the act under consideration that process ex
tends to all that is kept deposited without even
limiting 1t to that which is kept for sale.
such provision, in my Judgment, apart from all other
considerations, renders the unconstitutional its
application to liquor in that position
There are other portions-such the manner and
method Of seizure and search-provided by the sixth
clause the Of trial Of claims the nitation on
the qualification of jurors contained in the sixteenth
clause and Of the right to maintain actions to
IuuN INN 0aod hy fhQ
teenth canse equally Objectionable and void. All of
them have been In the laws Of other States the subject
Of judicial investigation and held invalid and it will
therefore be sufficient for the present purpose to refer to
some of the cases -
1886; Fisher vs. McGirr, Am Law Reg'r vol 2, No 8, p
466; The Monthly Law Reporter vol g. No. g. p. 4S3;
Preston vs. Drew, vol s, ibid No. 4, p. ls1
In word, my opinion is
l. That imported foreign liquors may be sold by any
body in any place within this State
O. That the seizure and destruction clauses void,
whether applicable to foreign domestic liquors.
That the act does not in terms prohibit the manu-
practical operation of the seizure clause IL constitu
tiona woad in effect destroy the business of manufac
turing.
H. That as the seizure clause is void liquors made in
this State may be exported and intended for SALE
keEt here without risk of destruction
New YORK, April "a, 1856.
SELLING LIQUOR WITHOUT LICENSE.
Patrick Boylan Of the Fourth ward was araigned in
the Special Sessions Tuesday morning, for selling
liquor since the 1st of May without license He
pleaded guilty to the charge His Honor the Recorder
said that the question had been mooted as to whether
there any punishment applicable he would thsre-
fore look into the matter carefully with the light af
forded by the published opinions of Messrs Hail. Savage
ing the General Sessions to which court he sent the
case.
SPIRITUAL OPINION ON THE TEMPERANCE QUESTION.
We understand that . distinguished ex. Judge has
nearly ready for publication legal revelation in favor
of temperance he has discovered that Messrs. Hall
and Dillon are not proper mediums.
THE BROOKLYN BOARD OF EXCISE.
The second Tuesday in May is the day fixed by the
city charter for the meeting Of the Board Of Excise
sequently the members Of that body assembled at
Toynbee's Hotel in the morning, and appointed a
mittee to wait upon the Mayor and ask him for the use
Of room in the City Hall in which to organize. The
Mayor replied that he did not recognize them an
tng body; that their powers extinct, and enter
tanning these views he bad forbidden the City Clerk
Counsellor who was present during the interview concd
ed with the Mayor and the delegation left the Office
The Mayor intends to commence his crusade against
the liquor sellers day by arresting every caught
In the act of selling.
THE KINGS COUNTY LIQUOR DEALERS.
At meeting OF the Kings County Liquor Dealers
Association held yesterday afternoon, the committee
previously appointed to employ counsel reported that
they had secured the services OF the following legal
eentlemes:-John A. Lott counsellor; S. d. Norris
Alex Haddon John B. King, Philip Hamilton, associate
attorneys.
The Gowanda IN. ~ Chronicle, in speaking Of the
detects IN the Liquor law, says" Was another
such laundering beetle Legislature known or
was 1t knavery that prompted such bupgling enact
ment9 We incline to belief that both thick headed
ness and have secured the passage Of as OBJ
noxious and conflicting law could conveniently be
framed and yet pretent semblance Of the prohibitory
principle.
meeting Of the friends Of the Liquor law held
in Poue last week, which broke up row and
the final organization Of two meetings.
Williamsburg City News.
ASSISTANT ESGISEERs.-The Representatives OF the
Fire Department, eastern district) met on Monday
evening and the votes cast at the cleo
ton for Assistant Engineers. The returns Of Engine
Companies Nos. 8, and were thrown out IN conse-