New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-01
PROHIBITION uSDER rHE PRESENT Law


TO the EdHor Of tAs TrsbEHe.
SIR: It is plain that while great numbers
have been besleng ssive LEGISLATURES for Local
Prohibition of the liquor traffic this sureyand s0idy
attainable under the present statute that while very
many OF our people have been ANXIOUS for the Ohio
Civil Damage act" holding dramsellers responsible for
The evils they cause have essentially this iea
ture While multtudes have been complaining OF
uurestrained unlicensed GROCERIES law deals with
this class in anuihatng severity That while numbers
are crying out enactments, the gen
eral pubic will By enforce the Just
seventies Of law as now s quote from legal reports
No Board OF Excise Is compelled 20 give q single Ii
cense Il is entirely in the discretion OF these officers 20
been definitely settled by the supreme Court HUI,
65s: Abbott 81: e D. smith, l42J Hence the truest
and best Protection RON the inquiries OF tue AqsOr
traffic 70 be found by the electors putting IN Once
only such a. VII suppress H. ana thus ega Presumption
j. indirectly hui surely gained FROM teIla1ie HIurha
ton there than ry towns and villages ID this
OF the liquor trafhc under existing law And dou1
ess 10 towns where the temperance continent
fully pronounced that with moderate EFFORT sueh
-. Al The Circuit Court, lately sitting at Syracuse
o 9ae lind ever ed IN mat city the result Of which
@1a s Fsa ward S sh h1 . wis o o
fru hunger abuse, and brutal violence az the hands OF
drunken alA.And, ana having IN VAN ioroaaen tae
sestisnB - snd Of the act OF 1851 Toe poor woman
proved her aiiegaEons clearly aud the jury promptly
- About oue year AGO. saloon keeper IN the village
u watkins schuyler County, was indicted Tor selling
spirifuOs Liquors u be drank IN his house without hay
icense therefor BE found guilty IN the Court or
SESSIONS sentenced 70 pay $40 me. aud stand com
mtted lill such me was pad. Inc Dstric~AttOrney
declared the Judgment u The Court wholly Illegal anu
TIE ease went I'D for and correction Al the gen
era term OF the Supreme Court held IN Emra ast May
Judges Miller. Potter and Parker present-lnal de-
con u rhe case was gwen. The Supreme Court having
declared the sentence ana Judgment erroneous,
ard null and VOID proceed % lay down the law thus;
According TO Section - or the act, II question,
Chan eas Of the laws OF Is5Tl Ofenses IN viola
ion OF tue act are dec Jared be misdemean0rs 70 be
punished By imprisonment for period Of three months
and by a fine of slOo No other punishment 4 pre-
scrbed. and power Is conferred upon the court 20
alter change II. The sale OF strong or sprltuous
liquors or wines, without Incense rs neid 70 4e al
indctahe Oense and under the act OF 1851 pnlsna
"a misdf IneaDOr" See Behan agt The People IL " T.
SIG The People AIT. shea. Parker, Goa; The People
AIT GlIksson, Parker 81 In tine People agt Glke-
son. also held thar the punishment was nxed by
statute az three months imprisonment ana nDe Oh
goo and nothing ert 70 the discretion OF the court
as IN other mIsdemeanors'
-" Nm Is the whole penal force Of our Excise law yet
seen Many OF the 0enses against It's provisions sub
iect one 20 double penalty. There IL sense in which
an ofiense n treated a. civil action; the damages
one is held 10 Do criminal, and punished Tor wrong
done, Just is the practice IN every penal code FOR
example n one commits assault and battery, he Is
/ Liable % be punished; hrst Tor Dreaen OF the
! public peace; then, secondly, he Is held ior
win licensed dram-seler. II he sells the sabbath
10 an apprentice. intoxicated ne Is Liable nrst
10 20 10 G lose his license for the sabbath onense
then secondly, 70 tine for selling 70 persons iorDdden.
And II these customers maddened BY drink lpure per
property the seller liable or al damages sns-
tanned or suppose one unlicensed Keeps a dram
sbOp FOR every sale, he Is liable IN civil action 70 pay
$50 Lheu, sec0ndly be may be taEen Oh criminal indct
T RSa5 sent three ~0n''' TIC f'"''H'' Anu -''
lam DESTROYS Of getting my feow-ctizens 10 that
Respecting and causing 10 DE respected. the present
/ laws j. The true way % secure better Ky.
| Syracuse, March - 1878.