The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-07
BEER SELLING ON SUNDAY NIGHT
The Court Decides that Beer Shops mny be
Open Between ie and O'Clock.

Mr.. Justus Schwab sued n police Off
Ger last year for arrestlng him. and n police
sergeant for locking him up. because no had
been selling beer between - and o'clock of a
Sunday night At the trial. Judge Shea de-
cdcd that the Excise law which prohibits the
sale Of beer on Sunday. applies to the hour be-
tween midnight and A. NJ. and so instructed
the jury. A verdict having boon rendered
against Mr.. Schwab he appealed. and yes
terday the General Term Of the Marine Court.
composed Of Chief Judge Alker and Judges
McAdam and Goepp decided that Judge shea
was in error. and reversed the Judgment The
following are extracts from the opinion Of
Judge McAdam:
The Defendant Mayfnrtl n police officer on Monday,
The 2,l of jay 1875 a. nnccn minutes o di-cov.
cred that the door o the ri nun place OF hn,incs' Tas
onccr ordered the PLAINTIFF to be closed and ~ on
r.ig;a /. comply TIE 9llccr arrested MN az '1,s
cudciendant Rooney. was then in charge ~ Acug ser
G"@ IN conencmen ' Snt lie was thca iaGcn 10
the Es.cy Market Ponce court whcr" the cnmlaimt Wa
The rlmuun thcrtupou brought THIS action To recover
Justice instructed the jury hat undcr tho Excise law ~
he construed II. the pninuh hnl NO. rtht =" k,cp ms
MONDAY Under TINS direction the iury rendered q
verdict tor the defendants from which the painuh has
~ ~ mcthod Of computing time in hi. state csteb.
four hours md commences Rnt cuds atmitnight When
therefore, statute turils an act a. l~ done
particular day II has reference 20 this particular mole
oi computation. unless there express declaration
~ the contrary By applying ths rule 81 construction o.
hds the sale 0i liquors Sunday has ricrcncc toihe
twenf-fuur hours that dHv COMMENCING AMI ending
midnight IL follows therefore That the Suc 10y fho
planun ct lager beer at quarter to onr on Monday
morning was no violation oi the sunday law
Tho only other Prohibition contained in the Excise law
Is that the license gtau,d 10y the ENcisc Commissioners
shall NOT authorize any person 70 sell wine ale = beer
aud that all places licensed under the act shall be ke
Clu-ed between thusc hours
This prohibit does not reach tho present case. The
Justice below held that the legislature must have In
tended u include within the prulihiuur the hours M
tween - VI ON SUNDAY aud A. ou Monday. but the
difficult, tu find legal evidence any such int nt
Tue u that penal statutes must receive strict ~
not to be- brought within by construction The Law
dos not allow OF constructive offences ur II arbitrary
punishmeuts No man inrurs penalty unless the ht
which subjects HIM tu j. clearly within tho spirit mn
letter 90 thr statutes imposing such teHHltN The
tnrnu net the Legislature j. tu I've collected irum tn
words they employ, Where there l. no ambiguity IN i'
words there Is Tor construction To uctcrmni
ease T. within the ina uuOu statute. it, Ian
gunre must authorize rs 10 say
d the sanc even stronger reasons than those which
induced the Legislature TO enact that places where
liquors sold between tho hours Of aud ~ the morn
in exist Tor requiring such lacest To- be- closed between
! - T. NJ sunday and A MOnlav they should be- pre-
scented 90 the LEGISLATURE winch has uuwcr 10 remedy
The defect complained of We ctnno lcgisate but mus
/ administer the law fnd II upon the statute con
| strucd according To- legal PRINCIPLES
Itfulnws, therefore that the Justice below erred.
ami tat the Judgment must be set aside, and new tra
| ordered