The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-06
THE SUN, TUESDAY, JUNE s, 1876.
DEFINING THE EXCISE LAW
THE RECORDER REBUKING THE 70
LICE COMMIssIoNERs.
Proceedings Born of Military Education, or Of
the Training of n Provost MarshsI-How
they Work in the City Of New York.

Proceedings Born of Military Education, or OF
the Training Of Provost MarshaI-Ho w
they Work in the City Of New York.
Justus II. Schwab Of 81 Clinton street
who, having been arrested on Sunday, was com
| mitted by Justice Morgan In default OF t3OC
ball. was In tho Supreme Court Chambers yes
terday under writs OF habeas corpus aud certto-
| rari. At the time OF Mr.. schwab's arrest seve-
raj gentlemen volunteered as his bondsmen, but
he declined their offers Of assistance, saying
that be proposed to M AXE bis q test case In the
Supreme Court. Mr.. 6chwab is a blonde, with
long light hair, m oustache, and gostee. He fig
ured In the Tompkins square riots, and was SEN
fenced to the Blackwell's Island penitentiary
but the injustice Of his imprisonment was rec
oRnized by many influential persons OF this
city, and they prevailed upon Governor DIX to
pardon him.
In Justice Morgan's commitment papers II Is
set forth that NJ. Schwab " did SELL or cause, or
suffer, or permit to be sold, under bis direction
or authority, lager beer to be drunk n his house
or premises aforesaid as beverage. contrery to
the s1st section of the act Of April 10, 1867, as
amended by the act OF 1874"
In Judge Donohue's court room we're many
lawyers aud lager beer sellers. Assistant Dis
trict Attorney Lyons said that he had not had
time to consult with his chief In relation to tho
questions that counsel might raise, and, there
fore, was not prepared to argue the case. He
would hear counsefs points, and then ask for
Ex-Judge friedman, for the prisoner, said :
The defendant traverses and denies the sum
corpus and certiorari. He denies that the COM
mitmeDt is sufficient cause for his detention and
imprisonment, and he denies that tho matter
alleged against him Is sufficient In law to
thofize the commitment"
The counsel, In referring to the proposed ad-
Journment, wished to know whether some ar
rangement could be made with the District At
torney whereby the prisoner might be liberated.
Mr.. LYONS Qauenng)-I am willing that be
shsli be IN your custody. Judge Friedman.
The prisoner then retired with bis counsel.
In chargi ne the Grand Jury Tor the June torn,
Ia the General Sessions yesterday, Recorder
Hackett said:
law @ ee a oetore you M = snS oS
s,ure, especially in some OF lis general provisions But
SUNDAY then any case Of conyieiion here shall en-;
scruples entitled to DO preserved from sights
,Sana INA, ne az prohibits But at the sam. time
against It's interes nor the manner Of ITS enforcement
.bsepb ~ me r Of OF ne e 10 .uh
orn on noes against the sunday Law nor to make
mutually &c s.Ssssed rom system that ce%peis
oaSer Neither can Subscribe 20 the estaoaSay
CLAIM OF tue police TO right to arrest without war.
he pubic Siaciai presence Of poncemsn. an Which
born V5s'eh ~ 5Re or
Log Of PrSSost marshal Snsn, not TO DC forced upon
o love a e the fol-
here strong reason for the position that the
encs 10 limited TO folonoua breaches Of the peace and
except by mmealste arrest"
Why II inc misdemeinor /. completed and the often.
ders not likely TO escape, should tue cheek and safe
guard of warrant b. wa,edp Consta ali rs and otner
Win he poor a the pS Of Se any
NOT only requires tha they should DC Kept under strict
@esaors there should g. fesponsoe private proseea
Sew Sa TS ss' ass Ssn s Gsa
sing So thst neither Justice OF the Peace nor a
arrest person committing an alleged act m his pres
the peace cruelty to an animal Is not such an
offence as authorizes arrest without warrant:
preferred before you for false nent which Of
periinsnly discussed BY Mr.. Bishop in hi. valuable
treatise on criminal law
Tue offence sgains. hhe sunday law consists in sell
ing wins. and n,oiIeat,ns hau9rs Alleged breaches
c OF prsssHs euesu9ns laet not resdny dls.
struciions .eise. upon found selling liquid.
ae s. sSG Iy
oe vs toan and sreea upon the
q criminal MAGISTRATE the next morning. or even that
II . policeman cin do tnls for one supposed misde.
pull reporter from his the charge Of con.
eoetine Mel nroker from he ONCE on the plea
carriage on the plea Of driving her 6orses At higher
WY tue Police Comniss oners should mat ruct tn
men MEMS 10 90 agas nqySr dealers Sasi hey DO not 90
81 misdemeIn1r. ga p1zzi. II mas been Supposed.
vol, sees. Laws OF 1897, 4iii, ting to nemper-
snc S directly ial1oriaes arrest thou. warrant gu,
inc duy OF te role o arrest an persons found actu
ciaratory Of their common duiv anu does not say
without warrant. But the sane section goes on eI.
pressy IA Tue same connection with
TO the mAgstrates duty 70 near complaints and issue
Penal statutes construed favorably to individual
rights Inc msElsrsey Of tnls city have not az least
liquor sunday laws, ana II more troube (whst.
he ccSs story without he pr s wsen sp 20
der Ss5sah a9 me sa, tne c.9.
| rant.
Lei Us enoree aSs hSseyr %poc or eS .Ss
But let All cerned IN the administration OF jus
without infringement Of constitutional rights
The object sought by the sunday hduor law Ia TO
sho .fe,y observe sunday DAY Of rest and aait
offence corn Of the police atons, the State
Wee If quor aeers are soraery oy sF
business disqueling then arrests without warrant VIII
breecnes OF the peace than because Of probable offences
You. gentlemen. and this court will no doubt rightly
the s~ liter dge q cases The
INA! neither llrles district attorneys. nor JUDGES
dealers, Ia cases properly presented and duly tr.d
Whom the President OF the Methodist minis
tiers meeting called for reports from the differ
ent churches yesterday with reference to the
circulars for the suppression OF the sunday
liquor trafic, Dr. FIR. Brown. pastor OF the Second
Street Church, said that gu sunday morning he
took the Following unanimous vote from his
congregation:
Whereas The authorities OF the city have undcrtake en-
TO eutOrce the Excise laws by closing the QuOr
on the sabbath, therefore,
kCS0iUed, mat We heartily approve Of their action
and viii sustain then In their effort.
IL was announced that other Methodist
churches had taken like action.
The Police Commissioners received from tho
Corporation Counsel yesterday an opinion that
should they on sunday next be sure that liquor
Is being sold In any parroom, they may force an
entrance ana arrest tue bartender. The ofic ers,
however. must be clothed ia their uniforms. ana
be certain that liquor Is being sold before they
enter any place
Sickness Of Supreme Court Judges.
ALBANY, June 5.-There was no Judge present