The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-24
IMPORTANT TO MERCHANTS AND BROKERS.


Indictment ON the Amended Auctioncer
Act-Argument upon the Demurrer
The Law Declared Unconstitutional by
the City Judgc-A Final Decision Ex-
pectcd from the Court Of Appeals In
June, sc.
COURT OF GENERAL SESSIONS.
Before Judge Russell.
The Grand Jury brought in a large number Of ndict.
mcnts at the opening of the yesterday morning
Soon after District Attorney Hall entered the and
addressed the court as follows
Among the bills which the Grand Jury have TO- nd and
filed in the court s drawn under very acto
the Legislature which POSSESSES Great many interesting
featuresan act which has been very extensively dis
cussed in the newspapers all the state refer
an act imposing tax brokers in merchandise aud
the refreshing spectacle was presented my Office of
gentleman calling there and requesting TO be indicted.
Accordingly his request accedcd to and no in
dcied, tho object being OF course. your Honor may
we'll imagine 20 present test Scr the consideration
of the Court Of Appeals at its coming session in june
the act being OF character which well originated
a doubt on that subject in the minds Of
the law officers OF the State. may here
the question was not presented TO the Governor until
after he signed the bill Mr. Waldo Hutchings repre-.
sents this humble defendant Henry r. Moringl who
qucsied to be indicted. The manner your Honor
well knows, Of making test IL to 'nterposc de-
murrcr to the indictment ard have Judgment entered
upon that demurrer so that 1t can go up wilt state to
your Honor, without reading this indictment. that Is
orawn WIN the express purpose OF presenting all the
questions that may arise under this OF such in
terest to the mercantile community and to the legal
fraternty-onc which drew with as much care am
able to exercise as pleader for that purpose MI.
Huchings will now put in his plea, and state few
words to your Honor. in regard to this matter.
Counsel then addressed the Court and said he denurr
ed to the indictment the ground that the
constitutional He believed that thus far every member
of the profession whose duty IL to enforce
the law were OF the opinion that the act clearly
constitutional II provided that
All goods merchandise and every other species
sale By public auction offered for sale BY sample
every time that they shall sold 10 fees duties The
foreign domestic AZ the rate Of dollar every
% Seyon e cae e s%
Hope at the rate Of fifty cents hundred dollars
the production any foreign country the seventy
five cents on every one hundred dollars
The counsel contendcd that the imposition OF n tax
upon foreign articles by the State h in conravonton of
tho constitution Of the United States That question
United States in tho OF Brown the State Of
Maryland, IL Wheaton, p. 4l9; and also in the
case of Amy versus the State Of California, in
"a Howard, D. 10 There was also another fatal OBJ
lection against the law. Article section H. Of State
constitution provides that every tax which Ii levied shall
specify the object 70 which the raised shall be ap
piled This act which had paternity (for every
body denied having anything do with lily. was an
amendment OF the famous aucioueer law OF 1915 merely
striking out tho word auctioneer and inserting the
word ''broker" This law anomaly, for II did
not provide TO whom the fees should be paid and no
officer OF the law could them. Nobody desired
TO have this law enforced, for the effect OF IL would be
destroy this business in the city Of New York More
tan lour OF thc business IN 'hs Guy carried on
drive business other cities. II had been supposed
tnut shrewu nch III view hnbiahu anu inaaeIn,a nave
had something 10 DO with getting up THIS law IL was
fortunate for us that the law Invalid and that the
courts will not be called upon TO carry into effect The
esin'e wnIch was maze OF ,ne amount Oh me ices col
thing like fifteen millions Of dolIars. A the act
an amenaineh. 20 an aet 'he s'ehuoh OF the Tower
cluion, his Honor requested TO give the matter
AN carry examination, 80 Una, me case couio DC pre-
plsttict Auotney hai ralu-H YOUR honor should
overfuie s a.iiurle, .neIc MN, pe . h'ce luesnon
as 70 ~ehc. 'nc seh'senAn "ouu no, nsve 70 Piraa
oNer anu ~ w LiI .ne a. ,ouia ~ ny Tug
eeneial ,e'ni "c,, "ivu' any osIctPe.. W Tue gen.
eIsi tsrnn, ~ VI 'iS anu o,nei caaes ,ne alueuuc.
through which our iega iIeghi goes 10 ,hc Court OF
Appesis, nee, u' '' n,s .'"nuay ~ June. -,
nhi"st unc w" 70 nosoe n anu na'e 10 ooups
that the Court approaching The pubic importance Of
u ,, qs."pWh W" his h' esse', a. nov proios'
u'' y"eI ono ,'".u n'No oh..Ieui JuntH.eh, Pr,
.rma In order that The anne term Of the Court Of
sadar AND have i argued and determined l. there
c "a ncSS 70 ths NOR aS wen anu e gem
no,s nav be- called Topsv acsp act t ,ba, hp,
,.g,owed land o6scrve that the grea, statesman 81
speechi proposS say ~ reviewing his Topsy ae.
that there should now be Judgment pro foymS at the
1saSs, q the attorney ior the people; entered ,,sa
this writ Of error to the general term, where
would make similar application ias We have
Of Is59 and then shc casS viii 70 from there 70 the
M or LAX 4
-. ,h,. o., 49,. 90 -,
your ho,'p' "'"'. ~ 80 '.-'."I"s " ny
iIlend ,hcr" can rc no question hDout VIC hpparcn,
unconsttuilonay OF THIS law. II may be that counsel
able Distinction between this and
Inc c,ses of Hronu - The slafe az MARYLAND ana tho
-, -, xt,. 80 ,hc soc ar C.If,,nta -, ,.,,.rs
-, ~ ay a., 1ra,,sosi can.c,9n. a., ~ pa. -
tna', u oehs my inoNiuuhi 0oh'N.oh that Tue "a" ~
unconstitutional OF course u II no, ior me 10 repreent
tho people this argument: aud, therefore, when
reaebe. IN Court OF Apueas rropoee while not arr
$1,000 - nj, ori, ~. ,.c,sai ,osr.,c,aon, =,
.sn.'."s ~ ~ -, ~, .., s ,ae ~ Al, ~
,he plv',.lie, 70 lAN, w" he."rncy "eherh anu tno
Comptroller, who are directly Interested IN this matter.
cbor 70 assign the Attorney General Or private council
arre in favor of the nationality 81 the law II
thev can and tcrai, enturr IN the stat OF New Y.fk
.n rsr,icr',, Shc VIII he v,iipy 10 a. "a ia vo,r
~ >. 49,. -, - ..i' "r ~. =, ~. -.
HONOR any v1gee."n ,o VIZ sppI.s""n o 'n@ Popie !"
Judge Rni-ci-Not The leasi s,r Ny opinion Is Tat
The as rncon iitut0nal aud should have decided
AGAINST tho people Let Judgment 10 entered against
80 -. - - t.En..,,x-a.
W.. P,"is' =" w 1890. ., - -. -. - -
The Dstro Attorney sad re "on'a make up the
judgment record and present. 70 bis Honor Tor sigma
ture without delay
The following ~ copy of the Indictment
SON, ~ s.w Io,h on and ,fy ~ ks,e York ..-rh~
u,r ~ N. oe.ul' al tn@ stat. IA New Work. m and fnr
A. Iftv ~ .rd co-Iftx ar y,r.