The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-30


JUDGE 0IIRrON's oHARas TO rux onAsu ruv-
LIQUORS sALEABLS WITHOUT A LIoxssx UNTIL
TIN rwBsry.sEoosD or NAY.
fFrosn the Buffalo Commercial Adyertlser Amt, n
The criminal term Of the superior Court was ORGANIZED
this morning. (Aprt II Clinton, j. presiding assisted by
Samuel Hecos ana George Talbot Eqoires Justices Of the
Peace.
The Grand Jury empannelled Tn charging them.
Judge Clinton stated that although section "a of the To-
eating liquors. passed AZ the Last session of the Iegis
turc, provides that the act shall take effect imme-
datciy, y that 1t could NOT take effect make
persons Liable To punishment, for selling Intoxicating
liquors without license, until the " Commls
ssoners of Excise OF the county had met
In pursuance OF section 2, the third Tuesday OF May
and had set ten days for the purpose or receiving ana
passing upon applications for grocery and tavern licenses
His honor remarked that, common law any one had
right 10 sell liquor article of commerce. or In small
quantities TO be drank upon his premises; that this right
had been regulated by the excise laws, which, for many
years prior TO and until the act Of 1885, the proven
ton OF incompetence, paupersm, and crime" were COM
ped in te OF chapter 70 Of the first part OF the Revised
Statutes that the better opinion that the act of 1855
being Unconstitutional did not repeal the excise laws
and that they remained In force until the passage of the
act of the last session, when by section So, they
were expressly repealed; that. apparently the In.
teaon OF the Legislature 10 leave the sale OF LIQUOR
free and unreguaied, except by the common law until
citizens desiring keep taverns groceries should have
an TO procure licenses under the new act and
that il its intention 10 prohibit the sale OF such spirits
prior 10 such opportunity and such intention could be in
erred from the the act would probably be 80 far void
upon the principles which Is understood were enounced
BY the Court Of Appeals in pronouncng the Of 1855
M
terrain complaints against persons for selling liquor with
out license at any time subsequent " the passage Of the
act; and also adv sed them In consideration Of the confu
sion in which the law had been involved, not 70
entertain such complaints at ALL Hut he also In
sructed them that IL houses where liquor sold were
kept disturb the neghborhood tend 10 the in
jury Of the public morals the keepers OF them ought to be
indicted for keeping dsorderly houses.
Only ten petit jurors iUpauneed. The Court d.
reced that tales Of any be summoned 10 appear before
al A. 10 70 complete the panel and directed
that they should he drawn from the bsx containing the
o; regular jurors This Is in accordance With dis
creonsry power vested In the Court passed at
the last session Of the Legislature. Heretofore the prac
ce has necessarily been 70 leave TO the Sheriff TO
mon such persons rs he pleased, and there com.
plants that Set Of attended the courts the
opening Of hen for the purpose Of being drawn tales
men.
OCEAN or LA0RR BIER 0ONsUMKD--rHB LAGER
BIER TRADE, FRO.
Like the production Of opera 10 the fashionable
world Is the opening Of new lager bier saloon to our
German population Therefore the announcement that the
immense saloon rfy fourth street, which was burned
down last July, would be reopened ast Monday evening,
produced great sensation among Teutonic fellow
citizens The saloon aecemmodat.Cns equal in size 10
three ordinary down town stores, literally jammed
with men, women and children, Of every age sze
pexion dress, demeanor and character. The company
however had two universal characteristics. The first
was iolly; there was gray headed Utility and Juvenile
clIy fa joly AMI lean oily, rich jo,y and poor jol
Bty, according 70 the kind OF individual enjoying the fun
The next the love Of lager bier which did seem 10
have many gradaNons-fathers, mothers and families
ell participated zeaously In the enjoyment Of the national
beverage. 1t WAS really lager, lager, everywhere
considered by the Germans the umatum Of pleasure and
the opportunity 10 enjoy all Of these not neglected
those prescott. large ball room crowded with
dancers the whole evening" numberless little
crowded with oviai groups, singing laughing conversng
and guping down the foamng ager and might be fairly
estimated that beast sixty barrels OF that repuaby harm
less liquid
Woo. that bourne from whence traveller returns
The lager bier brewers and among them the proprietor
OF this establishment who Of the largest do not in
tend 70 pay any attention 70 the liquor Law. They
contend thai Lager u not intoxicating: that is es-
tablshed fact thai q drink sixty glasses
without being fuddied; that the compound has in It's
composition only four parts OF alcohol, and therefore
does NOT rank among the inoxcating liquors oou,em-
yearly over twenty ave thousand barrels OF lager
bier alone, besides large quantity Of ale and drsueht
beer. There three four other establishments doing
about the same amount Of business, that II may DO
safely computed that there annually consumed tbis
city over hundred thousand barrels OF lager bier
give total Of $4,000 The amount OF the lager bier
Wholesale trade In this city alone. Besides this hearty
equal amount actually purchased last year from Ph
delpha brewers for use In this city, and large amount
Is exported 70 other States During the winter, when
Comparatively little lager bier consumed or hese
thousand barrels whore Is kept ready 10 meet The heavy
demands ef the GUNNER. The beer must be kept At a
temperature below thirteen degrees prevent
fermentation, which ruins H.
Thus u will be uat the lager bier interest Is no
mean portion u the opposition 10 the liquor law.