The Republican journal., 1872-12-19

trade Of which liquors form part, and
declares that no such debt shall be recov-
cred at law, is being overturned by recent
decisions in the courts of New Hampshire.
The iiftieth volume of reports Of the
Supreme Court of that state contains a
case which has excited great interest
among legal men, rs we'll as with those
engaged in trade. The facts are these:
VIM. Stewart, liquor dealer in New
ork, where there was no statute render
ing sales of lntoxicants illegal, visited one
ID. b. Emerson, a saloon-keeper in Man
chester. when and where such law was in
force, solicited from him orders for intoxi-
| eating liquors, and soon afterwards, in
New York, sold and delivered the liquors
to Emerson, believing that he intended
to resell them in his saloon in violation
OF law; but Stewart did no other act in
turherance Of their unlawful disposition
by Emerson. Stewart sued Emerson for
the price, and on serving an attachment
| on certain saloon goods, Spear, the deputy
sheriff, was sued in troyer by J. G. Hill,
Il former partner OF Emerson's, who
claimed the goods by purchase from
Emerson. The question at issue. was, of
course: Shall Il New Hampshire court
enforce the contract of sale made in New
York ? To this the majority of the court
have answered yea, namely, Judge Foster,
Sargent, Doe aud Ladd The dissenters
are chief-jus Bellows and Judge Jere-
miah Smith
The majority opinion is re affilmaton
Of Smith VS.. Godfrey, (2S n. H., 379),
and may be directly stated thus: Bare
knowledge on the part OF the vendor that
The goods are bought for the purpose of
illegal sale in another State will not defeat
his recovery of the price, unless it be an
ingredient in the contract that the goods
shall be Illegally sold, or that the seller
shall do any act to facilitate the illegal
sale.
Having passed through all legal stages
to its final affirmation by the full bench of
the Supreme Courr, the principle which
underlies the decision may now be con-
sidered the law Of New Hampshire. If
the principle be sound, similar cases in
Maine and all states having the same pro-
visions OF law, must follow that of New
Hampshire. We think the statutes of
Maine outlaw debt any portion of which
is for liquors forbidden to be sold. SO
that a large grocery bill which CHANGED to
include a quart of cider, cannot be col
leced. To be sure, the case which we
quote above relates to transaction be-
tween citizens of different states, in one
OF which there exists no law forbddng
sales. But another, and we think later
decision in the same state, seems to turn
upon a point which may occur between
inhabitants of the same state. The case
OF Hovey and others of Boston against
Grant, just decided at Concord, is briefly
as follows
The defendant bought large quantities of
liquor in the fall of 1870 of Boston dealers, and
the plaintiffs brought an action of trespass for
the value of the liquors, claiming that the de-
PENDANT never intended to pay for them when
he bought them, and that therefore the sale was
void. The defendant claimed, among other
things. that. if at the time of the purchase of
the liquors he had in view the law prohibiting
their sale, and intended to resist payment by
means of the law; i was no fraud upon the
vender. But The court held that such an inten-
ton on the part OF a purchaser was fraud upon
the seller which Would Justify him in resembling
the sale and recovering his liquors or the value
thereof in action of trespaSs. The Jury
found Verdict for the fun amount for the plain
TINS, and the supreme Count has reafrmed the
law ~ laid down at the trial.
II would seem that \ trespass of this
kind could be as we'll committed by one
citizen OF Maine on another one, rs up
on Il citizen Of another state If it be so,
there will probably be a crop of actions
grow out of similar cases in this and other
states, in which cunning purchasers have
delrauded dealers Of their goods under a
law professedly made in the interest of
morality. This style of doing evil that
grace may be abound has come to an end |
The fact that the Credit Mobilier COM
mittee sits with closed doors is suspic-
ious one, and detracts much from the open |
fairness with which the investigation
began. What motive there can be for
concealment in an honest investigation to
get at the truth in transaction alleged to
have been corrupt, is difficult to conceive
Whoever the whole truth may accuse or
expose, is no Legitimate concern of those
investigating. The truth is what they
should seek. and what the whole country
demands. The public want is not the COM
mittee's conclusions from the evidence, but
the whole evidence and opportunity to
draw its own conclusions. This privilege
the committee has seen fit to deny, and
the fact throws talnt of suspicion over
the whole proceeding.
THE PORTLAND PRESS. This paper will
enter upon the coming year with the GER
tainty OF maintaining its high reputation
as a tirst-class commercial and news pa
per. The departments of ship news,
markets and state news are very full and
accurate. Nor are the departments of
general news and selections neglected,
for we notice that when advertisements
crowd, a large supplement- makes up for
the deficiencies of the regular sheet.
Under the management of Mr.. Pullen and
Col Smith the Press will maintain a lead
ing place among the papers of the State,
and give increased satisfaction, we have
no doubt. Its politics might be improved,
and we trust may be in the tulness of
time. Conversion is usually slow work,