The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-05

Another Of these laws the statute prohibiting tn
rama, device or chance, In thu nature Of lottery,
! authorized By the laws Of this State, lotterY
tickets BE- sold Every violation Of this statute is declared
also directed 70 call the special attention Of the
Grand Jury to "An Act tor The Suppre sion Of nemper
statute gentlemen has probably excitse more genera
pubic interest, ana ELECTED dlscussi0ns tina AM
other statute passed In this State since the foundation
the government Distinguished counselors have written
opinions against It's constttutouaitty, and eminen,
Judges have pronounced similar opinions from the bench
On me other hand counseiors equally able and Other
Judges, have argued that ths constitutional in AL
ne provisions and that 1t embraces new principles
None o. the provisions Of the law however which It is
clared unconstitutional at any general OF the Su
pres Court by the unanimous decidon Of tbs judges
S sseesdins 70 my n.,s they been 50
gentiemen7 Is constitutional Law entertain no more
doubt Of Its tutonaity than do Of the fact that
am now pronounhg this opinion your hearing. You
shoud promptly 10. upon all complsiats which may
be brought to your notice through the proper chan
mel for violations OF this statute The pages relating 70
such complaints will be found file In the office OF the
Clerk OF hs court and will be your duty 70 ssnd Tor
them. They will inform you OF tbs names OF the &C
cused and OF the witnesses and should require that
the latter be subpenssd brought you to testify
In support of the complaint. You -sn recognize ocly
such as are sent up to this court y ans %as.
peace, under the amendatory aot ,sdl ~ 1853,
relating to the courts Of justice in thu, cy You have
nothing to do with the c'nstyutonality of questions
your duty to regard the law valid 50 fer the
inquiry important for your present purpose
or r op III. AZ
this CITY, for any purp Except for medicinal or So
cramsrta use without hasisg complied VITA the re-
quremens OF the second section OF the Prohi ,tOry
excepting Importers gully OF misdemesuor that
ali keepers Of hotels restaurants saloous, retail gro
ceries and stores and public places OF smasen,eas,
who SELL give away keep for sale or TO be given away
In their places of business liquor to be used
as beverage, In large small quantities, even If hey
have compiled with that sectisu are ALTO OF
whether the liquor be OF domestic foreign orgu aud
that it Is for the accused to show on the traverse
that the falls within any OF the exceptions
declarso In the law These exceptions not OF tbs es
OF the oence the rule prohibition oftae sale as
sale for other purposes and lying peculiarly within the
knowledge Of the accused they must be established 6y
the defence. With this brief synopsis of the Law, you
win be able to dispose ntegently, and trust correctly,
Of any which may 70 notice from the Spe
cia Sessions arising under the prohibtory sections Of
the law.
To exhibit in strong light the Importance Of the Pro-
hibtory law and submit eminently practical srgu
ment In Of urgent necessity existing
Will that during the month of January last, 1913
persons Arraigncd for trial in this court and the
Court Of SPECIAL Sessions as, ossis loo S we're S
fences suspended for various and 20 were
acquitted Ffyone OF the convicts sentenced were be-
twet the ages Of 10 and 20 years and very Large maj,
rity of those whose suspended and
about 100 under the Of JIG The crimes for
which these persons were arragned Compensated a..
most the whole catalogue from larceny TO murder.
Among the whole number 102 confirmed nobises,
and every more less intoxicated when the act
conmi ted for which the complaint mace though
CO professed temperate habits but II shallow pre-
tence their appearance beied the averment. Very sig
nlcant distinguished those cases Nearly
all OF them originated in the nih large proportion OF
them af midnight and the OF che catastophes
laid in fashionable drinking saloons and tipping
houses OF less Brothels not represented
IN the long mournfu catalogue OF doomed fellow
Fellow citizens: Grand Jdors--lu view OF tne5s
momentous tru lbs as some of YOU a-e husbands and
and all r. RI RI
which propounded in primitive times, by h4owed
lips In reference TO scarcely less soem redemption OF
fallen humanity THAI that which are n,w c,ntemps
ting lis there esini ia Giead Ia there phyacsn
tberes" Must the swelling stream OF liquid ire roll on
uncbsk the length and breadth OF this metropo-
lis, consuming in its progress nj! That is lovely and
hopeful IN YOUTH honorable and useful stswat man
hood and venerable In declining ages
The Prohibitory law Is eIectua Anidote TOR the
evils Of intern perance and the pauperism and crime
which follow in its train That law is all sufficient,
and, enforced in its integrity, 1t will realize the
object of its benevolent authors.
Shall it be executed in the city Of New York. as It is
executed among the green hills aud fruitful v.ies in the
ton can be given BY yourselves TO you therefore It -
most respectfully AID kindly submitted by the Court With
the earnest ssseverssion that YOU win i can be Done.
power which you possess with which il is important
that you should be made acquainted You can file pro
ceeng instituted by yourselves, and known NJ criminal
law BY the name Of pre- sentment as distinguished from
an Indictment against all sucn Localities erecaons te-
dement's or places within Your jursdetion as oesome
tive OF tn public peace preju1icsl TO pubic morals
You also thus present the managers keepers Of all
such places and localities This presentment may be
made upon your observation and knowledge upon
such evidence You may be pleased 10 invoke Having
made it, you require the District Attorney to frame
proper bill Of indictment in the case preparatory TO the
abatement OF the nuisance and the arrest and trial OF the
authors Of the evil In all OF Insdemeanoss yoc
may require that officer The arrest OF the ases
by the police magistrate with view to trial for the Of
fences either in Special Sessions 10 this Court as
the accused may elect 10 pursuance the provisions OF
the nth section OF the act OF April IL, 1885,
In this way you present nuisances dsoreriy
houses according the circumstances every instance
al tipping houses and places In which intexcsng IL
quors sold drank which they sold large
or small quantities, for other purposes ia tue latter
cases the seller, not an importer has not complied with
the provisions Of the second section OF the Promoitoy
law; al houses of I'LL fame, kept for gain; AL gambling
houses and lottery policy Offices those owners OF tene
ments who lease or rent them to be kept a houses or
prostitution, for gambling, indictAble with the
keepers parties 70 the principal offence Genteuen,
look this city and is history for the last
few yearsvhere have occurred the awess tumuts the
bacchanAan orgies and the hord crimes, that in such
fearful pid succession have darened Its paQes Need
this question in your hearing In view OF the sta
stcs of month in which have just been laid be-
fore The origin Of those disorders not In family
houses In legitimate places Of business in the schools,
o. the Lecture rooms in the temples of Christian wor
ship To what resorts are many Of the chid Of this
metropolis becoming old in crime 90 young In yearss
You, gentlemen are the Legal guardians Of the public
you the vice and crime which have named
in your hearing This is all that the Court can do
c3u your 8ttenton 70 An hcb W hul0nu Vac
existing law relative to bribery passed July 49, 1882
Treason detestable crime. In strict sense, this
term signifies the violation Of allegiance to ones county
but In liberal sense, II includes any betrayal OF
trust. He who accepts brbe and by it severed from
official integrity, commits treason in office; and he who
presents the temptation is equally guilty. The crime
when applied official mAlfessance is at common law,
by the statutes to which have referred denomi-
mated bribery and in this State the perpetator forever
disqualified from holding any public office, trust or APP
pcnment under the constitution or laws forfes his
Office, and may be punished BY imprisonment in state
prison not exceeding ten years, or BY tine not exceed
ing five thousand dollars BOTH in the discretion OF the
Court. II will be that very large discretion 10
given the Court in the graduation of punishment for
this offence. II may extend from ono day Of mprfson
ment years. and from fine of six CENTS TO Eve
thousand dollars or only TO msre nominal fine. The
Court is thereby vested with power to adopt the pun
shmen in every to the character OF the oce, the
nature ind amount Of the broe and the condition OF
the accused informed that the amendatory statute
which has been mentioned nActe1 ct the instance
OF the citizens Of this city, especially to reach class Of
officials in municipal corporations which was not en-
braeed In the law Of bribery. As the law now
stands II extends go any member Of the Common
Council Corporation Of any city In ths state-to any
Chamberlain Treasurer sebIe OF