The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-01

Tine Liquor Question.
THE LIQUOR PROSECUTIONS IN BOSTON,
There already about two hundred cases Of appeal
ton before ths first Of July next the number will
probably DO increased to ave hundred. We copy
the following account OF the liquor which came up
on wednesday, from the Boston Courier
Joseph Drew, liquor dealer, Of North Market street.
Court yesterday morning, on q charge Of selling liquor
person. lsaac ID. Stafford testified that he drank
glass Of ale in dstsad.ss shop John MURPHY was the
Chief Of Police Ham, that to his kno ssdgs Drew
kept the store months since Objection was made
present Time but the Court held that it having
shown he did keep the store the buyden OF proof
that effect would be- heard AS to tue evidence Of sale
the law provided but it unnecessary to show ths
tender Of money, and accordingly Drew was acjudged
to be imprisoned twenty days the House OF Correc
ton and recognise in 81 ooo not t, sell again for one
year. Appealed; and held IN $500 for trial
In another case for selling brandy to Thomas Wells,
the examination postponed to thursday M rning.
Lewis Rice, o, the American House, and Harvey D.
pleaded that they weul3 not contend and judgment was
entered IS in .hs case OF Drew and an appeal taken
Demanded examination but the witnesses not being
present the case was continued until this moraiag
Robert McGin, Of the new house ON Howard street,
opposite the Howard Atheneum, was arraiyned. He
pleaded that he would not contend George Young, of
cred similar plea They we're sentenced to tbs House
If Correction and FORTH bat appealed and bonds
0prCBecute
Patrick Crosby was convictsa Of selling gin to Joseph
Corcoran, and he sentenced above but he appeal
ed Michael Seaman was Recognized in two cases for
examination on Friday, and Matthew Sherlock, wit
meas, required give bail $500 for hA appear
Charles Todd also convicted o. selling liquor
to Charles D. Weld, sentenced, and app saled.
There are two other cases against seaman which are
to be heard this morning.
House, to be summoned into court this morning. H.
was yesterday out of town, and warrant, which
issued on Tuesday AFTERNOON could not La nsequsncs
n Ia n
In the Of Mr. George Young the aable Ian ilord
OF the Corhil Coffee house. charged with selling liquor,
VIM. Hickey, bookseller, and Benjamin HASKELL law
yer, called Witnesses; but Mr. Hickey ouiy
swered to his name ThereuPon capias was issued and
constable VIM BaisdeN directed to bring the body
Of Councillor Haskell into court which hs did 10 less
than no time.
The Judge Mr.. Russell asked why Mr.. Haskell di. not
obey the summons to appear as Witness and the dia
Lawyer thought know all the officers of thi, court
did not recognize him (Baiscen) Of them He
did not read the summorB.
Judge Mr.. Clerk, swear constable Bsisdell.
ConHtabe-I read the summons MIR. Haskell, and he
answered, " He'd be damn'd II ned come"
Lawyer wish 70 put in my afhsayit that ne never
be tie summons to be personal iLsult,
JucgeYau can't do that; the aida Wit would not be
teatimony Contempt OF court is proved, and dns of
Lawyer appeal from that deciscn.
Judge-There Is no appeal
the court but stopped by tipsta He finally MAKES
speech, which the Judge pronouncss additionally in
suitiLg, and thereupon he paid the nns Of $40.
THE FIRST LIQUOR CASE IN MICHIGAN.
From the Adrian Watch Tower, May 2sl
The STATE rs VIM, l.. Pdn.-Ehis the first
brought in this city under the nsw liquor law.
TIE defendant by his attorney domurIed to ths ds
clarao1 and amongst various Others for the reason
that the lss was unconstitutional
lst Because 1t conflicts w:h article a. section 90 OF
the constitution Of the State, which IS es folio
"No law shall embrace more than one object, which
shall be expressed in its title y
In support Of this point, It shown that the Law
embraces some eighteen or twenty different Objects
which argued ut length and with much
ability by the counsel.
this point the Court held That wh,lss some por-
much thereof as ettutonal must be held valid
and binding. That 20 much OF the act as carried oit
the title which is follows" An act to prevent the
mar uacpre and sale OF spirtuous aud intoxicating IL
quors beverage" does conflict with the provi
sicns of artics section 20, Of ths constitution ami
that far the extends the entire prohib lion
of TIE manufacture and sale of sp'rituoos AID intoxca.
ing quoI as beverage BY any eereon or IN the
CT the constitution Of the State
ID Because Is opposed - the spirit of the constisu
ton of TIE United States
Supreme Court Of the State in the of Smith Man
ming ads the village Of Adrap saeA contribution
atty Of tie act beyond question.
Demurrer ov1rruled.
RrMARKIti is supposed BY some, and we believe, hell
Ter may be- Unconstitutional as to all rs provisions,
save those wbcn Internationally prohibit, " OF the
salS and manufacture Of istsxcsirg liquor. That
privilege be extended by pleaded under, the act
whereby druggists may be entitld 80 sell by virtue of
bond provided by the set II the act Is Inconstu
tonal in all its parts those apply t, tbs proh
tito o! the manufacture aud sale of Intoxicating
liquor, and constitutional 10 that then, surely
one, uE1sr any crcumstan es sither manufActurs
or sell i! In tie State
But we suggest, to euch view o. the case, that
the words las beverage must have their full legal
intent end meaning In conjunction with tho words pro
hi5t" &c And ask, the act give the privilege,
either TO the manufacturer druggist, to sell within
the State Intoxicating liquor beversgsS ors that
the manufacturer, il he sells his liquor within the
State is required to sell IT to authorized druggists and
they bound Lot TO sell 1t, ucder any circumstances
beverage?
The law and lawyers funny Institutions, and It
requires time and patience to understand them.
QUEER STORY ABOUT THE MAINE LAW.
From the Dettoit Tribune May 29l
correspondent, IL this State, OF the Buff.io Democ
Tdcg, writes that paper queer story about the Matae
law here which we give for what IL wortn Il in Tin
guar that have not heard of this before II il be
He p that paper thas ''the epgrosed copy bear
ing the Governors signature, of the Michigan Pfohi
tory law, has been stolen from tie archives Lsrsugl
Tho state is, therefore, without Uquoe law in lice.
rsl sense though we rresu me that there 10 copy
where upon he records OF the Legs ature If
printed N tie boots Of statutes This is peculiar case
lIN