The Sun.
London, England, 1867-01-29 00:00:00

The Excise Law.

We call on every good citizen to rejoice with us
that the Excise law is at last judicially and impreg-
nably established by the judgment of the Court of
Appeals. In other columns of this morning's paper
will be found the opinion in full of ➢lr. Justice
Wright, overruling all exceptions and appeals, and
affirming the judgment of the Supreme Court in
favour of the constitutionality of the act. The de-
cision covers the whole ground. It is not merely a
settlement of the particular cases brought before
the Court ; it is an affirmation of the validity of
the Excise law in its length and breadth ; and
not merely of the law, but of the complete legis-
lative power to deal with the traffic in intoxi-
cating drinks. " There is," says Mr. Justice
Wright, " really but one question involved
in the present appeals, viz., the right of the Legis-
lature to control and regulate the traffic in intoxicat-
ing drinks," The act relating to New York is de-
clared to be less rigorous than any in force within
the State for half a century. If they were constitu-
tional, so much the more is this, and " it is a bold
assertion at this day that there is anything in the
State or United States Constitution conflicting with
or setting bounds upon the Legislative discretion or
action in directing how, when, and where a trade
shall be conducted in articles intimately connected
with the public morals, or public safety, or public
prosperity ; or, iadeed, to prohibit and suppress
such traffic altogether, if deemed essential to
effect these great ends of good government."
Again :—" A law prohibiting the indiscriminate
traffic in intoxicating liquors, and placing
the trade under public regulation to prevent abuse
in their sale and use, violates no constitutional re-
straints." Still more strongly the Court affirms,
" It is a groundless pretext, therefore, that the act
in question conflicts with any provision of the Con-
stitution of the United States, or of this State. It
falls within the legislative power, exerted not for
the first time, but unremittingly since the origin of
the Government." We quote these emphatic sen-
tences at length, in order that the scope of this
judgment may be thoroughly comprehended. They
are the sober and matured declarations of the
highest judicial authorities in the State of New
York. The Court of Appeals, in announcing its
decision places itself on the side of order,
of temperance, of public welfare, against law-
lessness, license, and that utter indifference
to the best interests of all, which is the
boast and the shame of the liquor dealers,
These latter proclaim their purpose to maintain what
they call their own rights. The courts decree that
the rights of the public are,paramount, that the rum
sellers shall not prefer their private interests to the
good of the people, and that the law shall be en-
forced. We are bound to reiterate our belief that
there never was a plausible pretext for the litigation
which the liquor-dealers have fomented and pro-
tracted. The injunctions of Cardozo Ind his fellow
magistrates were a fraud on the public. There can-
not be a competent lawyer in this city who would
have advised a client to apply for an injunction, or
to pursue an appeal on it, except for the purpose of
gaining time to follow his destroying traffic in de-
fiance alike of public opinion and of law. For the
time the plot succeeded. Mr. Justice Car-
dozo granted injunctions literally by the hundred,
and there was no den so vile thet he was
unwilling to become the champion of its proprie-
tor. To all appeals in behalf of order and law
this judge closed his ears. Ile and they like him
succeeded for months in nullifying the law. The
city which the Legislature had done its best to
make orderly and temperate, they delighted to
hand over to unchecked debauch and the turbulence
of a judge-led mob. They would not abate their
purpose when the Supreme Court frowned on it ;
we presume they will not abandon it if there still be
left a legal device which can postpone its defeat.
But it is too late to deceive public opinion. The
decision of the Court of Appeals must be respected,
both by the lower courts and by the clients of
Mr. Justice Cardozo. There may have been
danger that the bench would be brought
into contempt by its disregard of law and its
patronage of law-breakers ; the danger is past,
we hope, when the two higher courts unite in vin-
dicating the statute, and in rebuking both the judge
and the liquor-sellers who would violate it. We
look for a reign of order in this city henceforth.
We look to see the Legislature, fortified by this
judicial determination, resist strenuously all efforts
to tamper with the statute, or to impair its efficiency.
1 We warn them that they cannot touch the Excise
law (unless to make it more efficient) without bring-
ing down upon themselves the just indignation of
their constituents. Long despised and trodden
under foot, the law-abiding and anti-rumselling
sentiment of New York finds itself at last triumphant
in the Court of last resort, and it will expect hence-
forth from the Legislature the amplest means of
securing and perpetuating its hard-won victory.—
New York Daily Tribune.