The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-04

NsNA Wv ~ Anuut A. \ ~
right, (said Mr.. 81 it IL not Q license In the mead
ing ofthe consultation. I have some feeling up IN
this subject, beca7se l have my misgivings That
something may be inserted in the bill thai some
sharp lawyer will discover to be IN unconstitutional.
In that case, we shall have to fall back on the liquor
law OF 1851, which has bsen found useful Ia the
newer counties, and which has been 30 far sustained
N { LITrLEJoHN-The gentleman rrom Newaygo,
(Mr. StraDg) In opposing my position upon the
construction to be given TO 20 ;tion Is, institutes 2
comparison between it and the act of 1861, and
assuming the two to be similar, attempts to show
that the Supreme Court having passed affirm atively
upon the .constitutionality Of that Law, tae provi-
sions OF this section cannot amount to o license.
Unfortunately for both the logic aud the Argument
OF the gentleman, the very comparison shows the
dissimiisrity Of the two measures. By the present
certain fe " to sell. By the law of 1851 all were
prohibited from selling in the frst instance, but all
were also allowed to sell on giving Q bond to pay
the damages that might result from the sale. Thus
the prohibition al d the grant in the law Of 1851
being coextensive, there could be no exclusive pri-
viiege, which constitutes the essence OF a Ii ense.
them must Of course be erroneous. l now leave
the subject, with the expression Of . hope that this
House will go with me for an amendment of the
constitution, SO a. to allow a license to sell for GER
tain pur poses.
Mr.. McTNTYEE-The gentleman from Allegsn Is
laboriDg under some mistake when he asserts that
some persons have taken this matter under their
charge. There was q meeting held when this mea-
sure was dis sussed; invitation was given to all
friends Of temperance, without any reference to
party. It was the wish to draw out objections and
provide for them. The gentleman must have had
some Misrepresentation on the subject.
MI. MCINTYRE argued at s,ms length tina. there
was no valid constitutional obj sction to the section,
as the measure was prohibitory, with certain ex.
licenses.
Mr.. TIFFANY did not look upon the section in the
same light as the gentleman from Allegan. At the
time of the formation of the constitution, licensing
was made a ravpUua tn the State. It var than ia.
cided, that from this abominable traffic no revenue
should accrue, but it was not decided that the Lsgis.
lature should not control or regulate the sale of
nquora. But IL it should be denied by the Supreme
Court that we have no right to allow druggists to
sell, 1t will not make the whole Law unconstitution.
al; they will then be liable to the same penalties as
others for o breach of the law.
The question then being taken by yeas and nays,
on striking out sectien Is, the motion did not pre-
JAN. 23.-Mr. H. MONTAGUE moved to amend. by
adding after the word " act in the fifth line of sec
ton Is, the following:-"Aud provided further,
That nothing in this act shall be construed to pro-
hibit the manufacture of cider from apples, or wine
IRON gra pes CT culrants."
MI. Brown moved as a substitute, tina. the 18Th
section be amended BY. inserting after the word
" act," in the fifth line, the following" Aud pro-
viced further, That nothing CON aimed in this act
shall be construed to prevent the manufacture aud
sale Of cider from apples, or wine from grapes or
currans the actual gro WITH and manufacture Of the
vender." Mr.. B. said MI. Speaker, I wish to make
que VI TWO IemRrk6 WIFI regard 10 Lne SUBSTITUTE.
The law as laid down In the act prohibits the manu-.
facture or selling of ci1er or wine. Some gentle
men contend it does not; but If 1t does not prohibit
the making, 1t authorizes the search for and seizure
of cider and wines. If, sir, the manufacture be per-
mitted, the use OF the manufactured article ought
to be allo we'd. No gentleman can contend that The
use OF cider or wine is injurious to health or the
morale Of the people. If (said Mr.. b. / am allowed
to make it, I wish to have the privilege 81 giving
my nejghboIs a glass Of cider, or ~disp0sing Of the
proiu,e Of my orchard in that shape, without being
subject to o fine or incarcerated ia a Jail like a com:
mon fe.on. The moral sense Of the Community will
reject this measure If passed into a law in its pre-
sent shape. 1t will bs worse than the last liquor
bill, and will be productive Of the same agit alton
the liquor question.
Mr.. JUMP was opposed to the amsniment-if in
corporated 1t would allow every person to set up o
liquor shop. A s%pirituous liquor could be maru.
factured from apples which was Injurious to health,
and it was stated by temperance men that the ha'
bit Of using alcohol, drinks was created by tbs use
of cider. He should not consider himself pledged
to vote for the bill If the word 'sell' was retained
in the broad sense OF the substitute offered by the
geLtlen an from Barry.
Mr.. MONTAGUE hoy ed the amendment would not
prevail; thegrocery men would buy truit auo manu-.
fecluve IL into Intoxicating beverages. His opinion
was that cicer might be sold before fermentation;
after fermentation it becomes an intoxicating drink,
and ought not to be sold, or the obi set contemplat-
ed in the bill would be defeated.
Mr.. BEECHER wished to be Informed relative to
the point when it became intoxi ating when the
TAP sLOulQ D5 GU Oh.
Mr.. Parsons was opposed to the amendment and
substitute. lie thought they would not accomplish
the object Of either Of the gentlemen who offered
them. He should favor tee proposition Of the gen.
tleman from Wayne, II presented to the House. He
(Mr. P was in favor Of leaving the msnufac .ure
and sale of cider and wine open. He would allow
every person in the State equal privileg es in the
sale, except restraining the sale Of cider and vine,
30 far az to prevent II being taken into the tippling
shops, where, by adding s~pirituous liquor, q regular
tipping business would be carried on. If the pro-
adopted, the manufacture Of cider and wine would
be left open, but prohibited from sale, except in
quantities that could not be used oa the premises.
MI; TIrTASY said the .sma,ks Of the gentleman
lot believe we ought to restrain persons from max
ing cider or wine from fruits. i shall vote against
both the amendment and substitute.
The question was taken on the substitute offered
by Mr.. Brown, and lost = yeas Ii, nsys SO.
Tie question recurring on the motion Of Me-. H.
Montague, the same was lost.
Mr.. GREGORY moved the following az an amend.
ment TO section Is, TO come in at the end OF the sec.
tiGn:--
Nothing contained in this act shall be construed
TO prohibi! the making Of cider from apes, or
wire from grapes, or other fruits grown Dr. gathered
by ,he manufacturer thereof, (if made in this State,
and fr ,e from all intoxicating liquors); but in no
case snail such wine be cold in less quautity than
one gallon, and sold 90 be, and be, all taken away
at ore time; aud all sales OF such cider, in less
quantity than ten gallons, to be drank or used on
the remists, shall be an unlawful sale In the mean
ing j lnhs acti anu % punisneu accordingly
Mr.. MooRMAN moved To amend the amendment
by striking cut ''ten gallons" and inserting lone
gallon. y and striking out 'one gallon and insert-
ing zone quart Lost.
Mr.. TIFFANY had one objection to the substi
tute. He did not think 1t would be necessary to
require persons to pure base ten gallons of cider,
or ore gallon of wine, at one time. II would be
in posing q burden on roor persons in sickness
they could not bear. Amuch less quantity might
be az much as they required, or that they had
the means of purchasing. To prevent t1e use
on the premises was all that appeared to him nscss.
ssry.
Mr.. SASBoRN would sag yest to tie House that
those medicine shops do NOS oxtend over the whole
State, One.balf of the inhabitants of toe Safe