The New York herald., 1862-04-13


sBarged, sc.
ne following docision WIS rendered yesterday in ne
Gcnefal Sessions by Jedge MoCunn -
pecfssoN or rnE CITY JUDGE.
rus raspsE w. Mz.ssa iRELsNp aSn 4aTrHsrt.
IN tho matter Of the proceedings 'cr cootmp
against Captain Petty.
Tho District Attorney has doomed u proper that BE-
fcTe shoad proceed further an .Aas brane 81 TINS case
she dse,so Of ths supreme Court, AZ Geuega Term,
soud had some u the grave question involved,
Judge Barnard has granted an Alternative writ Of
prohbltson training me from Sciing "a ts branch OF
ibe case time beng On to merits VI the ginsl
question involved, 10 whether hessrs reland aud
sBcL q the leaves ne ssl called upon to place
files Of th Court my vie hat n IL be posi-
tle these ccnnsts beweon ian asd tavern keepers and
tain portions OF Police anibortes On Scbday even
snRs may be stopped
tbss conceded TIA, the only possible cocr
of law under which captains ol poise act y con
L.,ed an the 10Th and 2lst sectons oi the Of 1851
chapter 023 Ths 2lst section ays hat mo nm tavern
or hotel keeper, or person coDsea . son iqooas sh
psll give away any Intoxicating huvpfs or "inet on
Sunday 70 any person Whatsoever, as beyerage ana
ae isth section o. tho sad chapter saysh shall be
fo duty OF every sheriff under sheriff deputy kheFin,
sonstahtc marshal polo enan ogcsr u police. &c
sest all persons aciualy engaged 10 inc commission Of
any offence IN Violation tins act and forthwith TO carry
snsb person before any mag OF The cty
town % be dealt with according 70 the oi this
act . The La. lnqg,ry y. what constitutes 20 psye s
liquors sold or given away 20 be drank
over the counter, openly, and with open doofs. on
Sunday, which might thereby annoy ne.ghbors, and
pa sing 10 and from their placer Of Worship Or
docs II 10 prohibit the selling " houors ard the
toarders by iakeepors
IN . peaceablc qniot manner, privately and with
doors ciose92 or does i mean 10 entirely prohibit the
selling OF liquors under any circumstance, Captain
Petty contends, and TO Justify his entering IN disguise
private places aud residences where he otherwise would
certainly be cxelnde do believe the law admits
Captain Pofy construction because II tic Legislature
contemplated such prohibition, it would Lave 80 e<
pressed Ia language not 70 be mistaken. But, the
contrary, think The word mocverase was used and N
tondod 10 comprehend the act, OF pnblciy, with
open doors, selling and drinking sprituo.s
liquors an contradist'rction 10 the private sell
ing ard drinking Of liquors with closed doors
quiet orderly bo4rdcrs aud lonleTs,
Accompaniment with food. which the
mode adopted BY Messrs Ireland and Matthew'S Web
ster, who should be authority ths regard, gives
worry clear definition OF the word beverage He says,
beverage, drink; liquor for drinking IL rs generaiiy
bSperage t%rcrdc,dta or bterdgi, money for drink
gwen 10 artHccf on other perfon and above ms
extant America, within my memory and know not
but 1t still exists some parts of this country.
person who had a now garment was called on 70 pay
tsr1dgc. that Is 70 treat With liquor Hetce, treat
wearing a snit 0; clothes receiving a
suit from tailor, also treat on drss coming
INTO prison, earnish. In England, = water
cider, mixture OF cider water made by putting
waicr nto pcnlace before i is pressed Clearly, then
under the lrst definition, any "drfl.f or any liquor
for arsnhisg intoxicating or Otherwise, beverage
and the Legislature could have beeG irsposteoas
70 ntord Ly this act 20 prohb all knds of drink
the drinking Of liquor Sunday. The wcrds OF the
2lss section "Ary iutoxicating liqDors wines
with The restriction Of selling o. giving them away on
Sunday as beernss, whe tho 42d section q the Metro
p0ftan Police art passed 1900 three YEAR, after the pas
cage or This ast says sha MOI be lawful for any per
son TO ptscy keep dspOse si any intoxicating adors
she Lsseia.rrc ef issO we're framing iie Metropolitan po
lice law they The doubts dihsues jn which the
trainers Il the law of 1851 had et The ist section o
tlSat law by using the wcrd beverage, ,, and a. onoe
adopted section 42d CT the Metropolitan Police law
q Ise0 which declares that Il shall not be lawful
iIqucrs upon Sunday Now, tbs language ssnnol be
nmtakon, and clearly selling quors publicly over
e so .s & wI @ open o S0o % 70 he rea. ss'r~ss
- but little doubt that the Legislature were
mistaken in the use Of the word beverage" ard
ssnpfy intended BY ~ 70 prsvont dram drinking, tipping
and caSousng publicly, and with open doors, Sunday
and consequently thereby the OF the peace
quiet Of the nsghborhod and Of those orderly persons
who might be in its ycinity And 10 the ar which proh-
bits 'strect preaching that n, preaching Dsll,.
Diaces, Sunday, other than hcssrs " oysh II
tended 10 public disturbances Sunday by the
utterance Of sentiments which might be Agreeable TO
great many Of people; bot IL il does not prevent
preaching psira'f ho,s provided as
not disturb the ncishborhood those who NAV re
ofanother faith. II the Legislature contcmpatel pro-
hbitng the quiet and peaccable sale OF liquors San
day with closed doors, 10 customers and boarers they
would bavo said so explicitly add plainly, they
have 10 the previous sections of the regard
the license sell Iiquogsthat s 80 anv person 10
cell strong spruoas liquors and vines TO Je drank
on the Draisss 81 tho persons licensed Here the ham
xaAse Is simple, and says plainly what u means and
cannot be mistaken. All laws are intended 20 be
Just and TO contribute 60 the peace happiness and
security Of all alike. bat the poiico aathoritef
the liberal construction | place OF this act is
not the and literal construction, AMI insists
upon strict literal construction Of The twenty yfrst
section then. by the came rule, The ion keepers
ustly entitled 10 strict literal construction OF the 10Th
section, which declares "ihat they (the pocc) shall
(ofh carry the party arrested before sny magistrate
Of the same city and be wlh according to
the provisions ~ this act and further nd shall be
the duty Of the magistrate 10 entertain ary complaint of
a volai on Of this ACT made by any person under oath
and forthwith a warrant and the offender
90 be brought before him 70 comply with the provisions
OF this section Therefore 10 carry this liter
ally tae duty Of the police Is plain enonglihsi il, rst,
TO arrest all found acaig violating the act and
70 carry tbens jorh-ih t-foW any magistrate whose
duty u ~ ~ hear the matter or secondly, W make a
'harge II no magistrate be then sitting
does sit, upon OATH, against the parties offending,
upon which the magistrate |o,th'lih issues
70 mprson the parties FOR an instant that authority
belongs entirely " The msgistrate The police stnoF
10 be taken in its literal sense but m.aDs ITO ihs
slc1red magistrate holding fully tins
view, and for the same reason. hold that using liquor
n beverage. and Intended by the les esslat.re does
not include drinking selling 10 customers and board
quietly and with closed doors, sunday. Bat
wsuld bc violation of tine act 10 eel and use liquor Nt
open doors before the public gaze 20 the annoyance 81
the neehbors and psssers and 10 the dstnrbanc. tho
public peace maintain that laws especially ssap,aory
laos shoud he taken together the true legal snd
equitable intention OF the Legislature npoesihe clearly
sscerianed 50 that no part Of the laws should be
construed TO tho benefit OF Que portion oi the
munty and 20 the oppression Of the other. II
be forgotten that ths act docs The
vtolatofs oi fFtWtNuG, OF tchisfnInAtes
10 fslons cells II s simply Intended To correct
ic, crnie and provides ample redress IN civil
action; and IL 10 well settled rule in the criminal courts
that where civil remedy " incorporated ia q criminal
statute such where provides for Indictment for
assault and battery and c,i suit o the offence,
tho criminal proceeding tayed until he civil remedy
Is triod and the criminal courts therefore cosnot be
too careful carrying out this liberal principle regard
10 those who may accused OF violating the sumptuary
laws and OF extending TO them the benefit Of
doubts For the fact Is becoming apparent every
day that every species Of fanatcism sInanaing never
mind from what source Is Inconsistent with the general
wellbeing OF the great masses of tho people living
under free institutions. human nature is becom-
ina universally educated, too nagnsnmous, TOO
broad and grand Ia its scope here 10 be narrowed
down 10 any ,der IN regard 10 any proposition
never mind how wholesome II may be ia it, special rea
tons 70 the well being u society; or, 20 speak more
plainly any special law la regard to preventing any in
dugence 10 sumptuary vices, might Per Sc, be good II u
could reach any special vice, which not INDUCED IN
by the pecpie Ia general But any Law in regard to
gseud sumpuary sess or IN other words ia regard TO
limiting 1hs manner, expenses food dress the natural
appetite and corporsal ndugencss the time of the
citizen must be deficient simply for tho that