New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-25
Id " INTELLIGENCE.
COURT OF COMMON PLEAs-seEctlL TgsM-DEc a.
Before Judge DAILY.
THE SUNDAY LIoUoR-sELLERs.


THE SUNDAY LIQUOR-sELLERs.
The People sgt. Adam Muller.
About 800 actions were some time since commenced
BY the District Attorney against various liquor deasrs
for violation of the Dist section OF the Mer0p ,tan
Polce law, which imposes penalty of $50 for each
sale Of liquor on Sunday, in addition to criminal
prosecution. The above suit is one Of the 800. To
he complaint q demurrer was interposed on various
grounds, which noticed in the folio wing opinion,
for the purpose Of testing the legality Of the framing
Tnled the demurrer in the following opinion:
"My conclusions upon the demurrer are:
,op - the Revised Statues a 4Sa s which prsscbcs
the mode Of declaring upon penalties and that that Pr9v1n
ssi Bsnns.t, ., Abbott Ssi
been repealed BY the 2 section of the License Law passed on
Taird That the Metropolitan Police Law is not lOc,
pv:,s Which HGSs & @@. % m. IN IT, Se'
but that is public sct relating 20 the soyernmn OF ap
Count Of a! Appeal. Which binding upon ta. Court
Fe rnat we cannot upon the pas upon the
That tate Of facts mus, be laid before the Court either by
ssnS M SSai fs S Of s %d the
This embraces all the points especially raised BY the
demurrer.
THE PORT WARDEN ACT.
An affidavit was read before Judge Brady, OF the
SS. Plea on TGG Day wGa d s
states that the suit Of Tnkham as Tsp'co ct al in
which decision adverse the consttutionay OF the Pot
prosecuted cOu,ey aud with be object Of
0 @ an be TO s sS Hi
Of the law Several actions commenced By the Port Wsden'
oS Sesins Sis adsS Judge Brady Ordered that the par
lie. to tie above suit shOw cause Jan H. Why the Port W
not heard at General Term and the Judgment already OBJ
tanned be set aside.
UNITED STATES CIRCUIT CoURT-DEc iA-BefOrs
Judge ISGEssoLL.
INTERESTING COPYRIGHT DECIsOS-THE JAPAN IN
PyDlTIoS-RIGHTs OF ARTISTS ATTACHED TO IT.
William Hine sgt. Wilism II. Appleton OF al.
by snS tn. sS ns
By the Government Of the United States and under tue
shipped as masters mate such board Of
ship. which the expedition. Da[n:
many the prints aud u,son which were incorP
Navy and published in large number. ~ order q Congress.
der the title OF Narrative OF the Expedition OF our American
@ IL andsf the
sss. Kyy eosSd SP the original p S Sns
"undeI his supervision BY Francis H. HAWKS DID, LII &c
the report of Perry to the Secretary s Navy
and pSsSsS By order Ct % tine Of IF ss%
York ceIac.:s and sOPssA :. sohor sad PSp0s Tn.
srs The in July, lsis published two several
editions of the report made By the Secretary Of the Navy In
oSs Is By the
precisely IKE that in form sSd ia m.er with the e1cep'
s1s = The dslssS:nt: bSSn:l:d
question. The complainant bling. his bill, in which,
other thing, he pSSs that the doendAn. may en-
published by them n which contained aug Of the
prints illustrations 30 contained blythe complainant a. ~
thor and proprietor
The view taken Of the case renders unneeey consider
It, In Of the aspects IN which has been presented The
BE- s.acoIy disposed by considering two ques
lions only: FJst Was the complainant ct the time he OBJ
t. the prH and qoe.on .aSor and pro-
preto Second Admitting that lie there fsc.s ia
the which should estSn the Court from granting Toe In
junction prayed for
complainant made the original sketches and drawings
Of the prints and illustrations question, admits dolbs
But this ne was NOT taa sunoI aaa poP'e
awe right TO the 81 the time the Certificate oil coPyteh.
granted This appears clear by the ahtsvs intro
the eIpedn japan the comp snsnt applied to Commodore
Perry and solicited bin 70 be employed an artist aud 70
accompany expedition SUCH He atoIned By tae
Commodore that Congress had m.de provision Tor an ar
sc OF scientific department aud that be could not be
2oyed lie renewed bis poesi0l qua qp2y the Com mo-
dore consented b receive him In the capacity OF =
matters mate cosdtion that he should sga the sapP "
he.s such masters mate th, he should do whstsvT d1ty
might be required Of him aud be subject 20 all toe es a'd
regulators OF the squSdron When the Commodore consented
thAt me sh 90 In the exPedon no informed
any ope attached 10 the expedition 10 be the exclusive
property OF the Government Of the United States aud that
Ss, TO al S he S Scns s.y u.s .. h
and joined the expedition a,e, syiag psy
such With The distinct understanding tia, the sketches and
ey Of the Government Of the United States Although tue
pansnt shipped mate his chief duty was
sketches drawings for Government Upon he
drawings which The. complainant made
ssu Incorporated the report made BY the Commodore
gss And Congress- long before the csrtce copyrsht
obned BY the complainant ordered slsrse number Of the
report containing the pp.s and engravinss made the ORR
Unds ces such sutSor
oft prints and cravings In question would give hin an
tSsa psht TO the same author end proprietor By virtue Of