The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-29
Our Albany CosTsspsndsses.
.ea ALBANY, July rs, 1854.


ALBANY, July rs, 1864.
The Temperance League Chasing tAe Re
characterization and Nnes for Selling
Ligsey-Lietsses Declared Invalid Great
Cosstsrnation-.~o telling hoto matters
uUI end. EA.9 9F
The excitement in relation to the liquor traf-
fe is raised to an extreme height in this city at
present, ON account of the daily prosecutions
Of the temperance fanatics A large number Of
retailers have been arrested and made TO pay
fines. Oar criminal magistrates are not unani-
nous in heir decisions. Our Court Of Special
Sessions decides that persons having obtained
lcenfes from the proper authority to retail
liquor upon their premises, bave an und0ubted
right TO do so, If it is not sold on Sundays,
to minors, or to drunken, riOtous persons.
Another court decides that all grocers are
prohibited from retailing, and upon being
recognised to appear, uniformity infliets a
iiDe, which il not paid instantly, decree is
issued TO incarcerate the offender thirty day in
the penitentiary. A month or so since, the court
decided that the license protected the seller,
and yesterday the same court, or rather the
same presiding Judge for the Identical offence,
coMpeyied s0ne twenty persons, come OF waoM'
al ami ny the most respectable class, TO pay
fines OF suffer imprisonment. Such 0ootrary
| decisions Issuing from the same tribunal has
| excited surprise among 9 class Of law abiding
citizens. The prosecutions have thus far been
| i'm TINTED by coDmOo informpr, backed up
| by three individuals, who set themselves up ss
| the committee Of the Albany Protection
League The term common In Ormer" has
been so definitely described 70 often, both in
this country and in England, that it liz perfectly
| familiar with all classes Of readers.
Though these proceedings are becoming
| more ropinent every day, sill not paper 10
| this city, independent" though all uudoubt.d-
| ~ are, has ventuTtd 70 inform the public, nor
| p, blish any OF she dongs of the Court IL the
| matter. The politicians are afraid to meddle
| with it fearing the elections ahead. There is
| an understanding OF this question strongly de.
mapded. The Mayors of this city, for ITO
| years, each successive Mayor, ever since the
| charter was granted by Thomas Dongan, under
James the Second Of England, 10 the year 1886,
has under that authority, graDten licenses ~
| persons for the purpose of retailing liquor. The
| clause in the charter stands thus: "rihe Mayor
| of the said city, fer the time being, and no
| other, shall have power and authority to give
| and grant licenses annually, under the public
seal OF The said city, to all tavern keepers, vic
tuallers, and all public sellers Of wine, strong
waters, cider, beer or any other sort OF liquors,
| by retail within the city aforesaid or the liber
! ties and pursuits thereof &c. Persons who
| Lave made an examination of the question, de-
| clare that the power above quoted remains in
| force this day, never having been revoked.
| altered or amended. The present Mayo when
| barrier, though majorty of our citizens had
| declared in favor OF no licensen Now, rs
| then, he has issasd licenses, and the retailers
now. as then, thought themselves protected
under the corporate seal OF this ancient city,
and the signature and approval Of tue
chief magistrate thereof Now, the officers
chosen to administer the law, are presumed TO
understand and expoupd it to The people. In
granting licenses for the current year, Mayor
Puru el,e pursued the usual course scrutiniz-
ing RAJ Der more closely, probably, and inquir-
ing more strictly into the character of the ap-
plicants in consequence of the present excit.-
ment upon the subject. But, if the court is
correct in imposing penalties for selling liquor,
what protection is the bit of paper called
licente' None whatever. The Mayor says -
Be it known to all whom il may concern. that l.
the sad Mayor, by virtue VI the powers in vest d.
have given and granted, and by these presents DO
give and grant 10 A. B. permission to retail strong
or spirituous liquors under five gallons.
There IL no reservation whatever, except
| closing shops on Sundays. and the necessity OF
keeping pcaceablc and orderly house at all
| times. Now, if the authority which the chief
| magistrate Of the city assumes is no protec-
| ticn against prosecution. fines and imprison-
| neDt, and is no stay Of proceedings before any
| star chamber cour', then what is the paper pur
porting to give permission TO retail liquor
w,rthg Not q rusty ten-penny nail, nor the
shreds which dangle from the seedy coat of a
:" comDCD infOrmer"
Then, if the authorities of the city Of Albany
| cannot protect and defend the sealed and signed
papers which they issue, what are the holders
| Of those papers, oi,as licenses, condemned in
| advance ty the court, to do with them! The
| authorities issued them, ami received for each
| One--somc thousand in all--from twelve to
| twenty dollars. Inducements were held out to
| all our citzens-aye, public notice was given
| In the papers, informing all persons who desired
to retail liquor duriag the current year, that
| the deputy excise officers would attend 4. the
Mayors room, on certain days, TO grant licenses
| 10 retail liquor. For this privilege money was
| cxacted. and large amount collected; and no
| sooner did many Of the retailers return, forti-
| led, as they imagined they were, by the Mayors
| protection in their pocket from moleststion
| when a police officer walked into their premises
| with warrant, dragging them directly before
magistrate for retailing liquor.
This state of things cam OF endure. The city
mast either refund the money paid for hcensos,
siberwise sustain those who Daye purchased
Dat protection And il it is decided to refund
hat hos been paid the present year, the Com
non Council win find itself compelled TO refund
| to those who have made similar payments dur
ing the last twenty or more years. The laws
under which the Court alleges TO possess gower
to impose these fines and penalties, are more
venerable than the Revised Statutes. The nyo-
visions Of Law cover the whole State. Efforts
will undoubtedly be made to punish ofre1 'ers
in other cities, towns and villages The ultra
temperance fanatics, enrnged at the veto of the
Maine Lam, arc now engaged in delviDy Into
the muty records of antiquity, to discover come
sections OF unrepeaied law, to Justify them in
the prosecution Of liquor dealers And In the
midst Of all this excitement, eSacting fines ard
imposing penalties, strange to say, the i'm
porters, wholesale dealers, brewers and dis.il-
lers, stand with their arms akimbo, looking