The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-06
RECORDER HACKETT's CHARGE.

RECORDER HACKETT'S CHARGE.
At the opening OF tho June term of the Court OF
General Sessions yesterday Recorder Racket, delivered
the following charge to the Grand Jury Many com
plants which involve provisions OF the Excise law will
be laid before you This law confused and obscure,
especially in some of It's penal PROVISIONS which
seemed TO be the OF the Court of Appeals when IL
considered in recent excise tho subject OF pun
is.mens upon which many judges had decided diff
erently But this much is certain, n II still remains
misiemeanor to sell intoxicating liquors on Sunday
then in any case OF convection here shall enforce
that law as much as any other The church
goer and the citizen OF religious scrupes IRE en-
titled TO DO preserves from sights and sounds which
the law prohibits But at the same time the letter of
the Excise law should be strained against its in
tent, its manner OF enforcement converted
into burcsquc or oppression cannot subscribe
TO the right OF the police to subordnation
or offences against tho Sunday law, nor 10
make themselves spies upon citizens, although
tins latter naturally be expected OF system that
compcls the members Of the force become SPECS upon
each other Neither subscribe to the cxraordI-
nary claim OF the police to arrest without warrant Tor
any misdemcaDor except one committed IN the public
official presence OF policeman and which also d.
recty involves breach Of the peace. Procedures
born Of military education or the warning Of pro.
vost marshal ought to be forced uron municipal
police. distinctly subscribe to the following doctrine
IN whsrion's Criminal Law:--"And there is stron.
committed in the oiccrs presence limited to cionics,
breaches OF the peace and such misdcmcanors
as cannot DO stopped redrcsscd except by mmcdi-
ate arrest. Why II the misdemcanor is completed and
the offender Is not likely TO escape should tho check
andsaicguard OF warrant be waivedy consablcs and
other MINOR officials APT enough 10 abuse, cspcc
ally with the poor, their owcr and the policy OF the
law not only requires that they should be kept under
strict control, but that To prosecution for private
demeanors there should be responsible private prose-
cuors In conformity with this view II was ghtly
held IN New York, in 1871. by Butolph vs. Blunt
n "a
Peace nor constable can at common law arrest with
out warrant person committing an illegal act In his
presence, unless sucl, act be felony Involves
breach OF the peace and that cruelty to an animal
though a misdcmeanor, is not such an offence az au
thorizcs an arrest without warrant"
make these aiiuslons because complaints may be
made before you Tor false imprisonment. which offence
Is n msdcIncanor at common law, and has been per-
tincnty discussed by MIR Bishop in his valuable trea
tse on criminal law. The offence against tho Sunday
lay consists in selling wines and Intoxicating iquors
Alleged breaches oil this law present questions OF TACT
not readily disccrnible by the Senses yet policeman
under instructions, seizes upon man found selling
some liquid, organizes within his own police breast
court and jury on the spot himself ndjudicates tho
liquid to be intoxicating ami without warrant, arrests
citizen who be just we'll found and arrested
upon the warrant Of a criminal magistrate tho
next morning as at the hour selected II
n policeman do this for supposed mis-
demeanor, then no do for every alleged offence
He con pull reporter from his dcsk,on charge OF
committing libel, or broker from his Office on tho
plea that he Is there taking nsury. or lady from
pony carriage on plea Of driving at higher rate OF
speed than that which IS permitted by law. Why the
against liquor dealers what they could not do against
multitude OF those who offend against the law OF mis-
dcmeanors Is puzzle II mas Deen supposed.
l am aware, that section 16 OF the act OF
1857, relating 10 intemperance directly authorizes
arrests without warrant, but do not subscribe
TO this view. That section makes Il the duty OF the
police to arrest all persons found actually engaged
violating that law but .his is only declaraory Of their
common law duty and does not say without warrant
But the section goes expressly in the same
connection with the to refer TO the magistrates
duty TO hear complaints and warrants. Penal
statutes construed iavoraby to municipal rights
Tho magistraey OF this city have not at least Ia ely
shrkcd their duty IN issu ng warrants under the Liquor
Sunday law. and II is no mere trouble what
ever il may be to the poce) for the
magistrate to hear the officers story
without the prisoner, when applying for
warrant when the policeman has the offender before
the Court under Illegal arrest without warrant make
these remarks in order to guide You In your action.
Let us enforce laws. however impotc severe they
but let all concerned in the administration OF jus
tcc make due administration and with due process
without infringement OF constitutional rights The OBJ
Iccts sought by the sunday Liquor law Is reprcss and
disorder and give those citizens who strictly
observe Sunday day OF rest and quiet Selling
liquor on Sunday Is not crime; II is only
offence born OF tho police regulations which
the state makes concerning practices that may
develop into vice. II liquor dealers disorderly
their places OF business dsquieing then arrests with
warrants will be proper and this because OF
tending to breaches OF the peace than because OF
probable offences against the law YOU gentlemen, and
this Court will without doubt rightly enforce tho law
after due presentation OF The records OF TINS
judges have hcsitacd DO Their whole duty against Of
tending liquor dealers in when properly presented
and duly tried.
The Grand Jury then retired.