New-York tribune., 1866-06-18

placrd-" No liquors sold on Sunday was placed over
's Ws IS peay 'e Of lemonade sold with stick in
Rhine Wine Heck and Champagne neither OF which was ex
empt BY the old Excise Law would have justified
the pocs In making But nobody arrested aud
the people had TO stand more insult at the hands OF rum
seller who, aided by judicial forms dehed the law: -
Many ingenious evads the law have been tried
by the lager beer yenders but to no purpose Tor no
sooner the thing attempted than it was known ard
one OF the first guests a Metropolitan policeman Bars
were imprOysed In bedrooms. passwords were Issued
grips and signs gotten up peculiar whistles to sgnaze
danger were arranged but In vain Pasha' Kennedy
be is called oy the German press was around ana the ene
At all eyenis the Sabbath passed of with decidedly less
noise than we we're have under the old regime and
though still much for Improvement the law and
have gained and they above all. should encourage the
oppias into % the the Lion Park to have look at thns
TROUBLE IN The FAMILY.
The Germans themselves have little confidence In the oppo
son the Excise law tor aready they are dspnng among
themselves Ii that society which has just been started
among the yeuder Of lager bier the owey and wheh te
Honorable julius K0rn ex.Member Of Assembly from the
Sixth Ward is President has voted to give TO fak the sum
Of si3 aid i'm In bis laudabe war against iinaucsm 10
which Fnk takes exception advertisement in the Ger
man papers sunday setting forth that bis suit carried on
which the brewers are paying dispute will doubt in
few days lead to raey Developments when the public VIII DC
enlightened a to the means adopted to hglt the law
THE EXCISE LAW AND LAGER BEER.
In the Common Pleas Chambers on Saturday, be-
fore Judge Cadoz the of Paul fak ag schultz
Mr. Holt against the Excise and Police Commissioners
differs in points Among other differences his
nous beverage OF which the human stomach cannot
contain sufficient quantity TO inoxcate" Another difference
l. that his Incense permitted the dispensing Of food aud lager
beer on Sundays ITO travellers and others coming mostly from
wards IA the said City OF Ne~fork than the ward 10
which the plaintiff place of business situated" He there
fore that the shutting up o his place OF business on sun
days as veil IL o'clock viii work him reparable in
iqrv His affidavit forth that his place Of business has
ACQUIRED enyiAble character particularly for the
srney in which II mas been conducted night and
hours Of the night which hurs has been much reorted TO
by gentlemen aud ladies' private societies. &c aud nso for
the which has been conducted on SUNDAYS wren
hy German born people,
who mostly m imlts OF men, women ana children 70
nariake o lager bee very healthy and harmless beyer
and a his Sunday and aftcrwelYe business worth q 600
MIR Clinton read papers for the plaintiff and Mr. Bliss
read Gdays part OF the defendants Two OF them are
susanty the 10 the other and deny all duress
on the part Commissioners IN compeing plaintiff 70
tale cease ana all rreparse injury. The rest a
dar OF policemen TO the fact OF sales o lager TO per
who not travellers an tue presence Oh S on the
lO.h Of this mouth Qasi sunday
Sir Sialkneclt tnon read an affidavit TO the ehec, that Mr
Fhk kept hotel Witi1n the meaning OF the act =. .
Mr CLINTON argued that this case was OF Importance 70 The
German population mot es than between ,oo w and oV
uosai or nnconsttaona the old license still valid. The
H. ss" in Bi yn Il BAD been held by Judge Strong that
tie rigt SCI liquors Ac 10 Traveller on sunday was
vested right.
Ibs Court sh,ad give retroactive effect to statute
unless words Of the statute expressly so provide Now
unless pursuant the provisions OF thb act This must be
held only relate future acts There are no words express
IN aopying them 10 persons already having licenses and un
der he authorities cited must be interpreted as applying on
" 10 persons not holding such licenses.
Neither the Of lj1. other law iOrbid the sell
ing Of lager bier. They Apply otpnnous qao ana Deer
not bter This vas amalIer OF construction Now lager
il was sworn not Intoxicating The Court OF Appeals
had eseaed , lIS1 nSes r,tt In Imam and Leonard
ng hsd decided that indictment under the ect Of e62
Le pretty waiter girl sc against person ior selling lager
or spirtuous liquors wines aes beer and the
held that did apply 10 lager bier 1ey say ha these
neron ere not travellers but pleasure seekers How would
k friend. on the other side Lie It applied to them should
they start for Europe this summer ,o ease auS ShSnd @
their pleasure Europe, ASIA OF the Nnoe Oi he Oh
commended that person al time
right 10 vend lager any harmless beverage TO any one
Mr Clinton took the point that this was contrary to The
the ggvdMng M s that osp act tSpd
That the act was local that II embraced more
han sabec aud the title did not correspond with the
subject matter oi the act l,ee Sou1 0e % h as & %
pirituous liquors. second created crimes and those
not natural crimes and the o taGss crimes ode
also in this provision for the appropriation ot he pune
Of the Legsatare-hence totally distinct purpose Here
were three distinct subjects. 80 , ,, r, - 49,
10 the Metropolitan District The act applied TO that
excepting County westchescr II you can except any
thing can except all the Metropolitan district bat one lot
Would that correspond with the title OF the act and yet you
draw 10 line. ,,. - -, t.,
Of a citizen for olenses against this act, that he
shall suffer fine and imprisonment The crimes created
able crimes are absolutely null and void without any
special constitutional provision to contradict them This act
depriyes the Of his liberty without due process OF law
Mr. Clinton then the sections directing the closing
Of any place liquor sold the occurrence of dis
arrest for comply with them making the policemen
the only Judge of such violation. II that the law common
deeeney would compel a constitutions such
arbitrary had not been granted IN the whole course OF
our statutes this Any dealer might be arrested
this law. his friend should give TO MS nephew under
spoonu ofrum umber Of water he would DO liable TO
be- arrested Arrests had occurred bad the hypothetical
one he had put German had sent bis child fer small
pitcher of beer and she chdk had on her way home
tasted The seller arrested Would such law be
sttutionsl Again gentleman could not give his friend
had its effect aud TO give second glass to one
under the Of liquor exposed the gver arrest at tho
will OF the next policemen Formerly II necessary that tie
policeman should misdemeanor committed or that an
affidavit should be made before arrest but all this swept
old forbid dealer TO sell its hera perfectly temperate
brandy TO the father aferward would be crime. II the
Legislature bad tried they could not have stuffed an act more
full Of unconstitutional objections. .,
eers This is ample Justification for MI Falk IN supply
them with food and lager beer They are eertany tray
English decisions have held distances than that to eons
persons travellers lie claimed that the arbitrary power
Of reyoking license power 90 deprive the citizen OF
property without due process law snch revocation might
utterly destroy the value or property invested with aveG to
IL with different taken BY Mr. Graham In
he Holt He quoted Judge Comstock 10 show that
whether the drinking of intoxicating liquors which lager
not might be immoral or not property was not there
fore to be attacked. -
case was adjourned Friday suit the convenience OF
counsel Messn stalknecb and Hall, and Mr. Clinton for
plaintiff Mr. Charles Tracy aud sr Bliss Tor the defendants
VIOLATIONS OF THE LAW.
The following are the names of those persons arrest
ed r keeping open their places after midnight On Saturdays
AT TuE IOMBs POLICE COURT
Henry Frerks No Greenwichsti Bridget Prendergast
No 81 Cherry ST. Charles Wilson No "Greenwohst John
Al Of the above were held to bail in the Of iCo eaeh
~ JEFFERSON MARKET Police COURT
Henry zimmer No. eoi East tOaFteenthst Patrick E@"p
ri, ,S c ,ers bel n hail IA the sum Of $500 each By