New-York tribune., 1897-08-18
RAIyEs LAW vIOLATOR RELEASED.
NO PROVISION IN THE ACT FOR lMPFisoNiN'
HIM IN DEFAULT OF PAYMENT

OF HIS FINE
Another Of the peculiar provisions oi 'e 49,"
law was passed upon by Justice beeh'na ~,
aav Tbe Jus,,ce ordered the discharge from the
Citv Prison OF Joseph k.nchinsky VINO ." -io'
,i.sdn6 guilty. IN the Court OF Genera! Sessions 10
calling Iiouor without certificate. ana "a9 ee"
fenced TO pay II fine Of $500 kihchi''shs "ae ,
waiter IN a cafe. and sold liquor 10 TWO ue' 80
each OF whom made charge aea"s' ,'' - -,
which Indictments were found. lie was uhao'e ~
nav the nne and was sen: 10 Jail Abraham i'heu''
Us oounsA, at once obtained writ OF hape's
corpus for him ., ~. writ
was argued yesterday that this was the Il. 60
under the Raines law in which co''''0''o"
h.en obtained for selling without license 'eo
49,, % t" y. sad deals solely with this offence, ana
n,ovdes tha, upon conviction the offender sha', oe
punished by a fine Of not less than $40 nor iOie
1900 The section also allows inlprlso'''e"o .. 49,
term OF one year besides the me- 0e0''o r.
vides that II any fne imposed pe hol P"'. -, ~
Coun,v Clerk within five days II shan oe uoohe'u
- t,ae,.n, 4, favor OF the State Commissioner
y, EXCISE and shall be collected by the Sherln upon
an execution in the ordinary manner u''ue' '
law No provision is made. as by the e'r
for the Imprisonment of the person coh'i''o' ~ , "
fault Of payment. and as Justice McM"no m, -,
irnosed a fine hold that he cannot De heiu ="
prison conor
Assstan. District Attorney Charles J. CampDen
sa,d tha, Justice Mcmahon had merely reInandeo
Kinchinsky until the question raised couid oe W
cided in the Supreme Court i doh ln,''N ~ ,,'
the reading of the act" he continued 'ha' Mn
chinsky can be held but II is the first case Vi ''e
L,a ord Jus,ice Mcmahon looked on It as test
case We want II decided whether this man can
Re held under the Pena! Cooe lo' 'V' N"'
In answer TO Justice Beekman Mr. Pineus saio 10
,ha, IN 10 the present time trial judges hau tI'eu
dodge this question by suspendins sentences ""'"
nf-nder the section providing for the collection o
,b enc nv The sheriff under the Civil Code TINS man
must be discharged" remarked JustiSe ~aa no
1T is perfectly clear that ne triai Juuse '"'e ~
Kinchinsky was then released from the custody
OF two keepers from the Tonos' ana ie'' 'o"'"
< ,
HOW THE PENALTY DOES NOT PUNISH
James J. Green. colored, who was convicted last
1,,idoy IN the Special Sessions Court OF selling
LIQUOR without license. was sentenced yesterday
morning 10 nav fire of $500. The court WAS
divided on the case Presiding Justice HlnSdaie
and Justice Jerome we're in favor Of cohNchoh'
while Justice Jacob thought Green should De as
charged. . ,oo,
Justice Hinsdale said; Green you nave Oeei' zen
found guilty of violation Of the Excise law: we We
ssSo~d suspend sentence II we had the power 10 90
So We must therefore inP9se me dnSded de 10 i
nose the nne as the Judgment Of the court ana qrs us
Charge the defendant without pr0Vius In O' view
~ The provision in the act for enforcing Judsmet
by execution think the sta,ule o ls h hov 4 are
datory in this case. We fine you ssVO ana you "''
discharged from custody" o,,,io, s,,d.
Justice Jacob. in his dissenting opihhioH, Si'o 81
",The defendant was not engaged IN the sI,e nr %
liquors within the meaning OF the act rSa " ALLEGED
con az tSree bottles Of beer the result OF
conspiracv on the part of the officer ana otneiS
"Cierk Fuller was instructed TO inform the CouhIy
Clerk in order th9, at s ' Green ipae has not dollar
the SCunty % to nd sS '@f o course viii pay the
fine or be imprisoned DAY.