The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-07-03

,sn1nsr asun benefits svsu findings q facs - floor
yie6ns hsA seem hsd before pe turea The qnesssons
me sssrps Of denurrsrs rarely used, and
wsuh eeam show the present occasion, me conn
hss sssumed Il ~as urged that there Was variance
between the title and Tho body Of the act bat do not
consider ,psi sschncA question: e my decision placed
upou The broadcast grounds Of substance II was argued
thai tho &C. local one and that many blect mat
,ers embraced therein vent beyond the expressive title
pssls 's ~ IL esss Of the PEOPLE Va YIlans eaa
he Soors had previously said 70 the People Va Mcesnn
lie NJ r. r. bsl But with the conclusions hereafter
undoubiingly arrived al, conclusion upon the apove
point may be waived undoT the CONNECT o. aecisions
question arisesHow far can the Legislature constitv
tiouaiy obge county Of the State 70 contrpue 70
revenues OF another without the state are o. tho
bene6tY The residents certainly OF the county owns of
Kings and Queens and psrhaps, Of Richmev county,
OF the State OF their respective nnties Ona
Of the vital questions which has ~ sen upon he
Argument 4 hGw aI san The Is. ss create crimes
crimes; crimes defined and hmte0 within Certain dis
tcis and only Affecting certain COW es within the state
il make crime In one v unty citv on town and
no, in another county, city or town adjacent, upon
not 81 az ar,cular customs usages or
constitutional power w ere is the limit 10 legislative
caprice Can MAKE 20 stealing Of twentysia dollars
ceny in Erie county pence grand larceny in Ons-
aa county can pportion granddaughter by degrees
OF the People va Williams above referred TO- the
point was raised argued upon local statute making
sne ponng OK pockets In New York different crime
from us eaa definition IN all other parts Of the STATE
The deciio given upon other points in favor Of the
counsel or he accused but il be remarked that at
the succ ding Of the Legislature II destroyed
the topY raphicM character OF the adverted to-
and and ny de its legal definition and penalty general
Of Of
nal atnre which should not IN their operation be con-
cur emit throughout the state Is not the essence
OF criminal law its general apDcatIonf Can the prin
cSpe of terroaly apportioning crime be sanctioned
Without ultimately allowing Legislature 70 enact crni-
sons sec. sectss The authorities bearing upon this
point are Dwarrs on Statutes, p 4s0 Hatch vs. Yer.
Barb 245; People Draper, Is N. ", b44; Calden
Ball. Dallas 3s6 II argued that the act 10
sttltona because Excise Commissioners and always
have been county or local officers and that this act does
provide for the election selection them
would that this point not favored by the Court
Of Appeals In the Fire Department The counsel
for the People the District Attorney and the Coun
sci for the Excise Commissioners, admitted upon the
argument that unless this acs was regulatory and was IN
ery necessarily subjected the accused TO deprivation
Of his liberty or property without due process Of law
People wynehamer which decided the liquor law OF
1855 70 be Unconstitutional. Let then test this
by this concession and inquire First Is the act in ques.
ton presented TO this court prohibtoryY Second Is
II conlscatoryf Third, IT, when enforcing remedies,
that implied prohibition implied connscation and i'm
Piled conflict may become As eGectual express pro-
express conflict has been adudoa.ed upon Comsa
Va Albro, Gray Mass r. D. ., and the Toynbee and
wynshamer cases The act in question being
on conviction penal scrvituds, must be strictly
construed In the lates. points submitted to me
statutes not to be construed defeat the mani
fest intention Of the legislature bat that intent should
nj IA MI md for 0iy
liquor without being licensed. Section g. in coBnec-
ton with sections 10 and TO- undoubtedly mako this act
penalty, and arbitrarily closing up OF any places within
which such act should occur. It's somewhat remark
away liquor; and the may be said of the prohib-
tion against keeping Il publicly The words "safe and
.,gying away and spuociy kespins are not conver.
BILE synonymous With 'sale and disposition Bee.
.on takes the seller out Of the operation Of the ms
permit No portion Of the Law exempts him who pub.
lcy keeps liquors desires to give them from the
remedies and Of their punishments. The Law
makes Il misdomeanor TO give away or
publicly keep liquor without a license. What
IL this but practical prohibitions II Ia true that
In the county OF Westchester and In all other
S .s a any not d
strong and spiritous liquors. Wines aes and beer but
what Ia the operation Of this law upon person who
may have had IN his a. the time that the law
went into effect lesser amount Of the beverages men,
toned Does not tho provisions OF the law referred to
Law makes II q misdsmeanor 10 give away or publicly
keep liquor &C. without license, and omits provide
destroy the wine beer OF the citizen law OF 1855
aimed ~ do them by undue process of law but
by making penal to simply keep them and give them
away this act eetuay In the end destroys its value
and character Of property and takes away from It's
without compensation. II this Excise act be
Of vine eco commits nisdeme.nor and sna'' so docs
every spothecary who keeps . jar Of alcohol.
The excise ,c,s Of other States arc not
nhnnu llna N la fnF thar Ilu
in their several excise have added words Of INTENT
such as-with intent 10 SELL with intent under the
guse OF gift 70 effect sale in the striped pig Illus
rston cited by the counsel for the Excise Board Even
the odious law Of 1858 expressly excepted dwelling
does arc
for not ecctuey and completely closing their places
Where 10 the constitutional power TO mako such an
enacmenti mans house has always been regarded
his castle So long he does commit crime in il
or disorder may he not keep II open as long as he
regulate the hours Of SALE yet wherein consists the
crime OF keeping ones promises open 70 public view for
waik Of life live in rooms adjoining their shops some
have entrances 10 the abode OF their families except
through their shops or stores where poverty or the de-
SIRE Of thrift comrels or induces them to live. II IL
not enough 20 say the lawmakers did not intend
such Interpretation - be given 10 the act but look
places aha completely and enecuay closed not for
tho purpose Of preventing sales but for all purposes and
q the discretion and Judgment OF police officer who has
the right 10 OBJECT the closing, to watch and maintain It,
But the savest constitutional objections attach
tons 10 and 90 DO they not their face conflict with
constitutional provsonsf The Bill OF Rights provides
article S. Nor shall any person be deprived Of liberty
without due process OF nor shall private property
be taken for public uss without Just compensation
and by article 4: The right " the people 10 be
their houses against unreasonable shall
not be violated The Excise act provides as follows
18th aud 10th sections
SEC ~ n shall be the duty OF sherir constable
policeman and ccer OF police 70 compel the observance
prevent the violation ~ the foregoing provisions
hereof; II by sufnmsrily closing and keeping
closed places in which shall be violated OF such
visions.
SIC ~ Every sheriff constahs officer member Of po
lice shall forthwith ell persons who shall violate any
OF the provisions ~ this and carry persons
Magistrate OF the city which the shall
be committed be dealt with according 10 the provisions Of
this And shall be the duty Of every magistrate
complaints for violation ~ the provsons
OF this &c, made hy any person under oath
Not only ministerial duties here conferred upon
peace officers but judicial powers They compel
the Observance othe law when and how compel they
Judge They decide upon the necessity. They act by
summary closing. Summary In a word excluding the
ordinary processes They 20 keep the places closed
For how long, To keep tho plsres closed lin which
sl.<r no vlol oiaNa ~ . ft,t.~