The New York herald., 1866-07-31
THE NEW EXCISE LAW IN BROOKLYN.

Important Cnac Before Police Justice Corn.
we'll -InjunctiOns Upon the Police Not Bind
ing ON Constnbles, SheriHs and County
Oniccrs-Firsf Legal knockdown for the
Police Justice, &c.
An important brought before Justice Corn
well at the City Hall Police court yesterday afternoon
which puts phase the Injunction business which
has occupied the attention Of higher courts for
several weeks past The case alluded to Is that Of
Thomas Harkins, unlicensed liquor dealer doing bus
No. 90 Front street. Brooklyn On the 2ls of July
the defendant arrested by officer Dennis sullivan, Of
the Forty second precinct for violating Of the pro-
visions OF the law When the case brought into
court appeared he In possession Of an injunction
issued by Judge MoCunn, of Now York. cnjoinipg the
police &c, from interfering with his business. Upon
this showing the LAID over but the willy and
sagacious counsel OF the Police Board not to be
chcckmated in this way, and on the 2sth inst warrant
was put in the hands of Constable Dowden, of the
Seventh ward and Harins was rearrcsted and brought
before Justice Cornwell
At tho opening OF the yesterday counsel for the
defendant moved Tor the discharge OF the complaint
the ground already stated namely that the prisoner
had an Injunction, Counsel argued that the first
Injunction protected the defendant and that the court
was not n competent 10 decide 10 its legality The
second point made that the injunction must b. presumed
10 be legal until the shown; and thirdly,
while II In operation II should be respected II
Illegal If the injunction was Illegal u could be set
aside on proper application The counsel said the
Board OF Excise have their onlco in New York
and the judge who issued that injunction has jurisdlc
ton that Board An injunction on one Of the Board
Is binding all Tho present is tho first made
under the law by a constable. and the question IA,
IL the injunct binding him? The counsel argued
that Il was and In doing what he did he corsmttcd
illegal act and could and doubt would be punished
for contempt OF court.
s. d. Morris Esq, District Attorney, appeared for the
people OF the State He sad he agreed with the counsel
FOR the defendant that Injunction valid until set
aside. He had the utmost respect for niunctona but
he did not understand what the counsel said when be
remarked that the constable who made this could
in New York II court had power issue injunctions
II had equal power To enforce them and punish their
volaors II Judge McCunns powcrto grant injunctions
extends 10 Brook he had equal TO punish any
who should violate them for contempt OF Court. Mr.
Morris then went INTO a very elaborate argument to
show that the Injunction did not euion sheriff.
stables, &c, but merely the Police Commissioners and
the police force that the perfectly legal
and that all tho injunctons issued worthless
and not worth the paper thev written Dealers
mny out many ipiunctions as they please,
they cannot ge; one big enough, broad enough, or
strong enough 20 block the execution OF this
law. He agreed that the Court had power
TO set aside Judge McCunns injunction He would let
u stand u Is perfectly harmless. He would not inter-
fere with IT, bu; the execution OF the law will proceed
Judge McCnnnis Injunction did not enjoin Constable
Dowdon. There no law making constabos subjects
OF the Board or Excise, but there rs law obgng them
10 execute aud enforce the laws
Justice Cornwcll then took the under considcrn-
ton and In a short time ovcrTnlcd tho motion OF coun.
sci dismiss the and held tho defendant 10 bail 10
make his appearance when called for.