New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-12


"appeaing from an order reversing an order arreslnc
Judgment Here was q beautiful example O. the el-
fire lawmakng power OF the Empire State being used
solely for the purpose OF trying to extract three al
legged criminals from the prelcament into which their
wrongful acts had placed them
By virtue OF this special legislation another app~al
was taken TO the court Of las. The victory u
the commissioners was exceedingly brief hi, tme
however. The ease wa argued in the Cur. of APP
pcals carly in April, and that court within an cy-
remcy short time after the argument decided against
| The commissioners, holding that the General Term
was right in reversing the order arresng jui -rncnt
The sky locked CLOUDY again for the commisS
This time II seemed almost certain that tlcv would
have to stand trial the am ono els, CHARGED
with crime. They had succeeded in siavlng of the
| fatal day for two and half years from the time Of
the beginning Of the trouble but It began to look
| II they were now truly at the end Of their rope.
The DistflctAttorney moved at the Cour; OF over
| and Termincr for the passage Of judgment the
comm ssloneTs. This motion opposed by the counsel
! fer The commissioners, the ground that there had
been trial on the merits and sentence could be
passed Justice 1ngraham, who presiding at tho
| Court Of oyer and Termncr. denied both the motion
Of the stricAttorney and tla, Of the counsel for
tie commissioners. md directed the commissioners to
plead. Being thus pushed 10 the wall and having cx-
aus,cd the last resort for delay. the counsel for tho
| commissioners showed their hand. They brought TO
the attention OF The court the fact that the bill known
| as the Punkit, act had been passed April o,
and that this act took the place of the old Section
Of the laws Of 1873 The Plnnlit act did not repeal
the law Of 1873. in many words, but the counsel
declared that under the rules laid down by the Court
OF Appeals later statute covering the subject
matter and embracing provisions, operates to re-
peal the prior act, although the two acts are not III
express terms rcpugnant.'
They contcnded that under this rule the old law
had been repealed by the Plnnkitt act, ana rs the
| latter act did not have saving clause applying
10 proceeding, which had already begun. there no
law then in existence under which the commissioners
could be tried They could not be tried under the
| rlunkt act the reason that this Law In reference
to these defendants post facto. in oracr 10
explain the hairke business Of the technical poh'
raised the Plunkitt act is here quoted The words In
parcnthoses contain the matter which was put INTO
Section S Of the Laws of 1873 The rest Of the act
was copied verbatim from the old law
"Any conviction for the violation Of any
provision If this act Of the acts
licensed or any place licensed rs herein PROVIDED
shall forfeit aud annu such license. The io'Fd
Of Excise of ans city, town or village may III Any
time upon their mou'n). or upon Tie C"r''"h
complaint of any resident OF SAID Guy, low" VI
village allcging tnat any person or persons licensed
has or have violated any Of the provisions oil W'
Excise law shall summon before them nhi , ,ncr
person or persons licensed rs aforesaid ana II ''s
Shah bocome satisfied that any such peis,m, Tr =,
sons has have violated any OF l's p", IS,o"1
| this act, or any of The acts hereby am'n'Cl, 'mc2
shall revoke. cancel ard annnl the ense l any on
whelc necessary to enter upon the premises na tah
possession OF and cancel such hccnse.
. rhe said Board shall within thirty days after
has ben heard np' Goc,n,o company wrl a,
and for any failure upon the part ,S S'
any commissioners 10 comply WIN i5or ' ne
addition TO fornting Ills office: be guilt Of nisac
meanor and, upon conviction thereof shall be subject
said h@,ri or the pary complained OF may sum
mon. and the snid board may compel Inc attrul,' =
OF witnesses before them and examine 'h""i "''ue'
This 'aw was the colord gentleman In the wcodplle'
II was practically the Old law with few additions,
lnt had 10 savng clause and under The techlltaI
rule already quoted repeale@ the old a aoD Now Now
made d,nuITiHg me indictments on the sound INT ,,
The nHSi "c rpnGGn M ' Ih Jaw s, "n' rn T net
was no longer law. 1t had had ~ cN.icnre u nei
more than went days when i in 'r ,d wa va XIII @
In rs shot NE, however, ii HAD accomplish tl.'
Enr Iscd ip G %a aammany Svcs from an escy
periIous position, and that was as much as co',ii be
s sSpsGnSI 81 saving vim canse bn alas there had
lapse Of nearl; twenty DAYS from thc ume nc ora
e cH hna a' BEEN eonsueyeiy repeacd by Che pnnht
nct and the pnssagr of the general eHcisc n". WIN Va
% n1on om saS"f o T the "ho"s
Would 'i' probably have been The same The runki,
ec ldtd the old law. and. although The saving clane
|
former law II was technically 100 dead 10 be i"vvoi
The confusion OF the I1unlt act and the general
excise laws passed twenty days later than tho flnlltl
act have caused good many errors concerning Just
exactly what Justice Ingrahan did dcca@ .,,,.. ,,,
The Ithaca Journal" for example. IN" oiher "dN
had an editorial in which it took occasion To prove
that country lawyers were mnch more learned ~ uh
law than their city brethren were. by hauling JH~tr
inc,sham the Goals for MS decision Then ID"
Joarna!" quoted the Swing clause in ne general OK
ithaca LAWYERS Once would know better than Justice
Insaaham d'd how 10 decide the case. The Journal
a.. th. iurlif act
BASED Il twcny days before the general cxcsc be-
came a Iaw was The which did the mischief,
excise law could not revive law which had ben re
pcaled for twenty days when his saving clause toot
LAWYERS Will no doubt accep, tho assertion Of rc
Journal that their country brethren are me more
be somewhat doubtful aboat accepting the evidence OF
the fact which g." The Jou,nar' Ge'eTnls; ,,.rc.
In his decision lphoding the demurrer. Justic,
lnraham expresses regret that he forced to such
conclusion s9yng rs.. see no So e A g" r"a IGc
Indictment must fall. regret to be compelled to
come TO this conclusion as II !. eNifemey nnfo
for acts without trial. and this well Illustrate
the danger of amendments. Of laws by the Lceisla
nart,cnor cases but where the object sought to hc
accomplished is concealed that the real effect OF
ieriIotnre for it can hardly be supposed that tho
Legislature would have Intentionally enacted that Il
nerson under indictment for crime against the stat.
sbOnld by Legislative act. be released without trial
The boldness which has chnmrtenzed the who'll
proceeding from beginning 10 end shows c1rclessncs
o. public opinion and an abandonment o. common
decency which are In perfect lrrmony with the gen
have secured their grip the whole state Government
Iobnny,s RcforInatOn.-MGthcr-I glad liti
JOHNNY last beginning TO realize the necessity
cleanliness. He has been upstairs wishing himself 70
"c little Dick (breathlcssly) Mamma Johnny want
yon to give me penny - buy pipe
@2os E%c We ins broke tn other N one an can