The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-21
~ The LsqSor QuestIos.
NETTING or THE rHRrEBRTH wARD TEMPERANCE

NETTING OF TIE THIRTEENTH WARD TEMPERANCE
ALLIANCE
ADsstiDg Of this Alliance hsld Monday night In
the BAPTIST church in Cannon street. Grand The
church was ven flsd with iades and gsHtlsnsa there
being present perhaps ever ave hundred. Nr. Edward
Falconsr M President OF the Alliance In this Ward
occupied the chair and W. Floyd seiatsd Secretary
The exercises we're esEnsoesd with . prayer By ths
Reverend Mr. LDcum, after which Temperance ode was
sung BY Mr. william II. Oakley. The singing vas much
praised.
Reverend C. +. HArnnD thes introduced TO the
srdienee, who spoke in substance - fellows -
When was invited TO b present sDoA this occasion,
how the ministry 81 this wUd stsea upo. ths AAias
law. There was suspicion asainst the ministry, ars
SPRING s IN the x.troreuss. Theatre, Who in 70
fsripg to gentlemen eminent in the ministry,
.sasd where are they - and ssho answered who're
all prove themselves enc in heart in favor Of the Maine
Law. The ninistIy was burdsned with lsbOrs which
advocates for civil law; but whsn the opportunity
oGersd behalf Of the Presbytsrian dsnsminAtoa
could pssss they would Dot 30 found rssrs.at 70 tn:
even wine since be commenced his services minister
twenty years ago. Hs had united over eleven hun
tasted wne even waen pressed upon him BY the lips Of
beauty and lcvelness Ysarn ago, when In college, be
tie prsSisio,y n:..urs and this was :. time when
Derancs This was vha. he Had to say for hmssf
his Views upon the subject Of intern Mayer Wood
had laid the community under obligations TO HMM two
particulars. First, he had proven that the liquor law
lie to Know that it c,ud be enforced upon the Sabbath
1t could bs enforced every day in the week bscend he
had laid the public under obligations, because he had
sion to suppress 1temperAnes He had proven that NO
thing but the strong arm q the law could reach the
tonal ADVISERS gave the rumsslers the bene6t of
free trade tin he FORTH sf Jn. At the Same me
lions, that the kv was Necessary 70 rsstrsis then
What has been the effect Of this a1psa9 Drunkennsss
where prevailed This spsalsr ended his discourse BY
calling upon the eonmunity to sec that she Maine Law
Another ode was then sung by Mr. Oakley with an or
gan accompaniment, after which the Rev Joseph Ban
ward addressed the audience Following this geatlean,
Mr. Z, seAries and Mr.. Lee spoke, after which the
meeting adjourned.
DECISION OF THE SUPREME COURT or MASSACHUSETTS
ON SECTION OF THE MAINE LIoUoR LAW.
lFrom the Boston Traveller juno 10
1he Hdbeos Corpus of Be.sey J. Sullivan Chief JGs-
tce Shaw into court this morning, imp anied
BY Justices Dewey, Metcaf and Merck and proeeeed
to deliver his opinion 10 tho Of Bstssy Sullivan
petitioner for writ Of habsas corpus which was argued
He stated that the prisoner wa committed under the
18Th section OF the Liquor law, for selling without
license anc from the sentence OF the Police Court she
appealed She thea ordered to recognize to prose
cute Ter appeal to the next Court Of Common Pleas,
and abide the final sentence Of that court She is
brought here on writ Of habes corpus On the ground
that by the 32d section Of the Liquor law shs should
have been committed differently, sto abide the
tencs Of the Court appealed ffonn.''
Now this is . penal statute and must be construed
strictly. II DO forced from It's obvious meaning
merely technical other gsounds. We cnaot know
what the Legislature meant except 20 far as we ascer
tain from the language Of the statute tsef The pro.
Sect g. Every convics under the last section or
q offence under this act by any police court q Justice
s csn
sssss
M he shall esognzs 20 the in the sum Of not
surets with to aOpssr At the court appealed
asa there 70 hi: and 70 abide the sentsnes
and be OF good behaviour.
By the first clause o. this section, rgh. appeal
given in clear and distinct terms end this 10 necessary
in order to satisfy that article OF the Bill Of Rights which
to every charged With crime the righs o.
BY jury Justices Of the Peace and Police Courts do
Bn. It has always bsen held that II there Is an un,b
structed and uncIogged right Of appeal to court In
which such trial be obtained that article OF the III
of Rights is mot inirpged upon This right of appeal Is
plainly given BY the first part Of the sd sscton su. it
clause q the section and that the appeal DOES not take
effect such until the furnishing OF snrstes
BY the same clause, and the difficulty arises upon the
1t provides thIt tie appellant shall becommtea to
abide the sentence Of raid Justice court II the words
Justice orr wsre left out, there wcui be NO trouble,
and the word court might DO construed to mean the
court appealed to-
But We cannot thus strike out those words We think
it plainly refers to thu court appealed from. Now il e
argued that 1t the nten tion OF the Legislature that
the party committed should be committed to ABIDE the
.erce of the court appealed from in order taAt until
giving bonds, he may Be WORKING cut the sentence Of
tae court and at eli timed have choice either to work
out the sentence to find surst.es ana that the por
ton Of tie sentence thus worked out should not un
dsssone again; but We think that when appeal 10
granted means THAT there shsl be full trial in the
conr appealed to dc ovO and thus the object Of giving
the appeal.
was claimed in answer to the arguments o. the At
tcrpsy General who said that the last clause of the 3d
secton psensbls and void that il this clause
stricken out as void, there would be provision for
holding the appellants and in that case the party mus,
so at large and the remedy would be- when the appeal
was entered by the commonwealth, to bring the appel
iant in BY cap,as for ssntence; but is mot probspe
that this was the In ention .tte LegslA.ure.
But there 10 another ground tina: s perfectly consist
emit with the statute and the ordinary rules of copsrdc
the petitioners counsel that the last clause q this sec
ton is Wholly repuRnant, Inconsistent unconstitutional
TIE question then arises what is to be t1e resui9 II
vod the statute Is to Be construed II it not there
and although is consnded that all other laws fos the
commta OF appellants repealed by the sst section
of the new liquor law.
We think that argument csnnot be sustained for the
reason that the clause being entire void has force
o. even to repeal statutes inconsistent with i pro
visions.
Ths leaves the Revised statutes chapter 1885, section
with that section is valid, though the com nitmen.
would be wholly unsupported oy the $50 section Of the
new liquor law.
MISCELLANEOUS.
On the 18th inst, learn from the Lowell Courier
two horse Boston wagon laden With five sskg anor
and driven by Mr. jeremiah Dempsey, liquor dealer, 81
Congress street. Boston, sliced by the poli,e Low
ell in Central street, the American House. The
driver, and slso Mr.. John johnson, who the
gon were taken to the watchhorss and yesterday
ing the quor stored at the City Agency The horses
and wagon in possession Of the city authorities.
The comes ur for examination on the 2Sd inst,
until which time Dempsey and johnson ogrized for
their appearance The liquor understood to have bsen
on It's way to Ner Hampshire.
On the 14th inst, Levi Jackson Assistant Msrshsl in
Worcestsr Mass, seized in the premises Of Lewis Gan
ber situated in the court of Main behind Sargents
block IA half bbls. OF beer labelled small
beer" and Il bottles Of wine The liquors placed
safe keeping, to await the issue OF further
In Fitchburg, Mass, few days since, constable
tue depot seit OF liquor, and entcng him TO the look
up under the prcsence OF procuring drink, he showed
uinson before justice II appeared that tas sran
80 -.