The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-19

,, n ,.cr,. .b., The rights Of persouA liberty and
private property should be hed sasFed Az ass DO co
a u,toe n Ia county would be warrhn ed 10 assuming
ina, me power 70 ioate disregard thema power 30
repugpant 70 principles OF justice and civil
nader s'y o sny o. sn
pressos Of the win OF the people me people ought nos
70 be presumed % part WITH rights 90 vsas 70 soeI
expressions Of such an Intention"
In The case Of The People roynbes, I'd Herman, S1s,
Is was held that theliquor Law was unconstitutional oe
cause made no discrimination in w pro visions between
liquor owned when II took effect and that which might
afterwards oe manufactured or imported and they
made operative both the act unconstitutional and
void To destroy the right Of Of property 10 10 de-
stroy the right Of property This has been repeatedly
In the case OF the People vs. Toynbee, 20 Bart 1906,
Brown observes: "rhe right Of property VS. have
SEEN consists IN the free use enjoyment and disposal Its
inoictnts the cyment and the OF dispo
siton. How 10 delegate, classfy define To
terest estate which canbot be nsed enjoyed sold
and uansferYeo2 BY what words and expressions AhA
impart to others OIL idea o its and qualities
There can DO properly in The legal and popular
Of the term where neither The owner nor the person who
reprsSens the owner has the Of the sale and dis
psion That which cannot be uEed, enjoyed sold ID
not perty and 70 take away any all Of these Incl
dents Ia ELECT to deprive ,he owner OF his right Of pro-
perty"
The state vs. Ames. go Missouri, 2I4) Ambs was
Indicted for keeping open no ale house Sunday and
selling ale the day motion ma do in arrest
ofjudgmeDt Ambs bad license The C"1rt, per Scott
j., Up 22o) sayf "a law compelling the observance OF
Sunday day Of rest has always been in force under
STATE government licepse granted BY the State
must be construed with reference 70 the law. diam
shop keeper who should open his shop and cnseran ais
Lords cay act He 10 no worse couut'on % Tar "a the
authority sell Sunday ia concerned bcsause tho
offence OF keeping open drsmshop that day 10 spe
cslly der ounce6 by the legislature
The statute question has the effect TO deprive cu.
OF liberty without "due process Of law" Il s
copsttu tonA additional 70 local
makes that criminal offence In the city OF New York
which not criminal 10 any other part OF the state Il
might well be conended that the Legislature has the
right TO make that murder In the st degree In the cy
OF New York which would be msusaughter 10 the fourth
degree In Brooklyn. Az we'll might undertake u make
that capital offence IN The fifteenth ward OF this city
which would be but m.sdemeauor In tho First ward.
The idea OF making tnat criminal In New FORK
which 10 innocent and harmless elsewhere pvepoeterous
THIS statute Ia unconstitutional, because u Is In VIOLA
ton Of article section Of the constitution OF the state
Of New York that the Stree exercise and epoyme OF
religious profession and worship without dscriIn ZION
mankind The effect Of this statute is 70 discriminate
in favor Of those who keep the rst in cortrdstncton
70 those who keep the seventh day Of the week
ground that ChrIstany s par, Of the common law 81
the State and therefore the Legislature has right 10
enact laws for It's due observance Christianity not
no union Of Church and State a. In Englapd.-
In the of bloom Richards q ohIo. 370),
expressly held that neither Christianity any other
system OF religion formed part OF the law OF that Siate
The constitutional provision that State similar
the Ia the State OF New York Could any doubt
upon this subject to the Dtenon Of the trainers of the
constitution TO recognize Christianity any distinctive
religion ouch doubt entirely removed by section third
Of Article J. which provides that person shall rem
opioops on matters o. religions BELIEF II ~ heeo held
by the eupreme Court OF California that the act OF April
1855 for The better observance of the Sabbath
constitutional and void, violation Of Religions Freedom
by enforcing the compulsory observance OF q day held
fscred By believers In ono religion and thus discrimi
mating IN liz favor.
adjourned 10 Monday morning when The Judge
win charge the Jury.