The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-09
LIQUOR In MASSACHUSETTS.
DEFINING A LAWSUIT That WILL
AGITlTE IHE STATE.


Dealers Going Into the Courts 20 Test the
ConstitutionnntY Of the CIvii Bnunrc Act
Dissatisfaction, and Hostility to the LAW.
BosroN, juno Tho first case undor the
now Civil Damage law has just arisen in
Lynn. and is to be made test cnse. This re-
nows the interest in the bill and the manner Of
its passage. concerning which there is and has
been great excitement among property holders.
politicians. liquor dealers. and prohibitlonists.
When tho bill FIRST appeared in the House its
full scope was not seen. 1t had boon prepared
in the judiciary Committee under the inllu-
ence OF the Massachusetts State Temperance
Alliance or rather certain mombers thereof;
for It is known that bitter feeling has boon en-
gendered in that body by the differences Of
opinion concerning il. Tho passage through
the House was easy, hut when II reached the
Senate opposition took form in discussion Of
tho plainest kind Still. IT passed. with slight
amendment. and went to the Governor for ap-
proval. While the bill was in tho Governors
hands a memorial signed by my woalthy
property holders in Boston. was presented to
him. avcrring that the bill was not calculated to
promote the cause of temperance and
that IL would be mischievous in its
operations. and asking him TO withhold
his approval. Several of these memorialists
were supporters Of Gov. Talbot in the late can
vass. and subscribed literally TO tho fund TO
effect his election. A committee waited upon
the Governor. and he said that he did not know
OF the bill until II had passed the House. but
that he had read articles In the Republican
newspapers approving II. and that he sup
posed ii to be proper bill. Subsequently the
committee called his attention to the probable
effect Of the bill and he said he was sorry he
its passage. but that ho felt constrained
70 sigL II ON account OF ms relations with the
temperance wing OF tho Republican party. The
committee cnme away feeling that they had
been insulted The bill became law on the
last day OF the session. Since then there have
been strange mutterngs In the political sky.
Mr.. Colcord. the Chairman Of the Prohibitory
State Committee. styles 1t "A swinde-a law IN
tended 10 be dead letter. passed only to make
1t seem that the Republican Legislature was
willing to come up to the prohibitory standard
in radicalism. while tho law should be mude
imperative SO far ns possible through the
Influence of Republican politicians. The act
will not catch the Prohibition fly this year. Tho
the faithful were admitted and In TINT meeting
1t WAS decided TO call q convention. and make
nominations independent Of all other parties.
and all the Committee ut one were decided in
their objections to Gov. Talbot as their can
didate. The Republicuns. too. are becOming
divided ms TO the propriety ot nominating Mr..
| Talbot again. The opponents OF the Governor
| find voice in the Boston Journal. which. al
talks OF a stronger man. The Civil Damage bin
l., doing its work against him. The members
termed. who were for him last year. are against
him now.
The following is the act entire:
SfciioN l. Every husband wife. child. parent guar.
dian employer or other rerson who shat be Injured IN
sesS & In IN S S Of m e m
h"nnal or oiherwi-s OF any ps r.on sna have risht
sEans, any p,rsoq Or p.r,ons wno sh9 , n selling or
persons ew ming renting. leasing Or permi,nns The
sdss nat niofssnns liquors are to be sold therein or
shall knowingly permit therein the sale any
or sssS AeisiS have ' esussd u SRoe Of IL part
ine @ @m,SAeau"n o' ,sny person' bs Hep,v se,et,ng ,g
or SWING intoSieauns LIQUORS as eiorc,aid oT all dam
ton tort provided however, that owner or lessor
o any hulns or premises h,a uuiet leH.o az ne dao
visions Of tits act Tor any damage rcsutns from the
liquor, on sad premi. iufin- lhe term OF such lease
msIfsd @ "@an may 1nns m in M a.sn ~ , nSr 9w nang,
nate nsc Hd All da,a.es recovered ~ minor under
ueTon ~ Iu, for him and on sueh terms ~ The Court
may direct Ia case OF The death of either party the
ton aud Hght OF acuon, shau survive ~ or against MS
'S,eu!'r or ] almieh ~ ,tI9,or & t ,o....
tn ovnar ar iss5 m he beil ng or n1pm,. 1 m'.'I po nv
When lie business D.. to tc eouduciei and The paper
containing snid written shall be kept Mo
by ihe clerk the city town IA which said license
nav & ANY wng5 s or 'G' 80 S S % fa TnS '9n sn
der lhs act lo any act o his tenant may IN an acton o
contract recover of said tenant the money 80 paid.
The efforts Of politicians to nulify the law
can avail little for the prosecutions will be in
stttutHd IN the civil courts 10y whoever may feel
| aggrieyed. The first case under the law has
just becn sci on foot in Lynn, and is fair I, st
| case. The circumstances are these: On Satur-
| day. May II. at o'clock in the afternoon
| Thomas Srnnuell, an operative in a shoe fac
| tory. went into William Il. Hoyt's barroom with
| three shopmates who say they bad three or
| four drinks. S'annell tax ing ale He wont out
| OF tho saloon soher, and two hours later re-
| turned with another man. very much intoxi-
| Gated. After having Invited his companion TO
| drinE and before ifihS!l. h.,i-ci., 80 stepped
| 10 u door 10 go into side room, and. a. he did
| not return ia "a few minutes. search was made
| for him. Then II was Ascertancd that he mad
! opened the wrong door and fallen into the cell
| lar. One Of his wrists was broken. and n blow
| on tho head had driven out all consciousness
| He was taken to his boarding place, and thence
| 10 the almshOuse where he now lies. Since tho
| day Of the accident he hns lain unconscious ex-
| cept for n short time yesterday. when he spoke
| lntelligibly for a short time. He Is well enough
| in body but 1t is feared that he will never fully
| recover his mind. Sranneil Is married. and
soon after he was injured. Thomas Maloncy
| who is his wifcs cousin. was sent for After
! hearing the story he determined 10 try the law
| II the three men VINO accompanied Scannel
| on his first visit stick 10 their story there Will
| be no difficulty in making out case within the
| law. and then nothing viii remain - be settled
| but w Institutional question. Several liquor
| dealers OF Lynn havc Interested themselves.
| and there Is some talk of combining for self
| defence. and employing Gen Butler 10 repre-
| sent them in the courts.