Wynehamer v People.pdf - The University of Texas at Austin

ALBANY, MARCH, 1856. 455Wynehamer against The People.But it is said that this law does not assume' to depriveany one of his property in liquor ; that the owner is allowedto retain the unmolested custody and personal use of it,according to his pleasure. It is true that the owner maynot be molested in this enjoyment, provided he keeps it inhis dwelling-house, if fortunate enough to possess a domicil.I apprehend that by a fair construction of the law he isforbidden, under a severe penalty, from keeping it elsewhere,except for mechanical and other specified uses,although innocent of any intent to sell. I have examinedthe 1st section of the law with care, to see if it could notbe construed in such manner as to make the keeping in anyplace, except a dwelling-house, criminal only when accompaniedwith an intent to sell. But the section cannot beso construed. Tne language is too clear to admit of adoubt as to the intention of the legislature. The keepingor deposit in anyplace, except in a dwelling-house, or placewhere some trade or business is carried on requiring itsuse, is prohibited, and by the 4th section of the act suchkeeping or deposit is a crime. This, certainly, is a mostextraordinary provision, which must have the effect to rendera person a criminal who was so unfortunate as to havea quantity of liquor on hand in a forbidden place at thetime the law took effect, although he had no intent toviolate the law by selling. A person thus circumstancedwould have but one of two alternatives to avoid criminality,either just before the law took effect to remove the liquorto a dwelling-house, or to a shop for mechanical and otherprescribed uses, or destroy it with his own hand. I canscarcely credit that the legislature designed the law to havethis effect; but no other construction can be put upon thelanguage of the 1st section of the law, and we are boundto suppose, judicially, that tne legislature intended whattheir words importThe law does not even countenance the exportation ofthe liquor after it took effect. The plain design of the law