New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-04
Irauon..EL.IsG IN SEW-YoRK.

LIQUoh-.bLLIAG IN NhA-fOEE.
Ii has been supposed that ali licenses 10 sell
liqror ip this City expired on the frs: Gay Of
the month. This IL 40 error. TbeJ uniformly
read, ill the f,ss Monday in May Shch is the
7th inst. In B'ockiyD, the liceEtes rua day
lorrer. ana exteld b nexs Tuesday. 10 the lag
ter place ite Mayor intends, as we oeIIeva' 70
execute tho P,obioiiory Law. Ia this City,
Msyor Wood hos already snn9unsea Ills deer
mn ,tion TO hold tie opinion Of the Disuc;A'-
tornty IS On authoritative exposition OF the s.is-
ute so fer as il bears on tne period Se'Ses neKs
Monday Ard 10 ToUrib Of Juiy and after ina.
tue b. be governed By the opiosOh Of the C)ll-
eel % the Corporation. To he sure, the sgree-
mer I OF tne later ,fficial with the brmer IS 20
the effect Of prohibiting new licenses, IS not
60 ccidsd as il might b.; bu. toe position oil both
gives them weight, in syitl Of any seeming dit
crepsDcy oetwees then; ana co. for tue present,
their word is law.
The opinion Of the DisTl Il AttOTnsy is simply
that ss 10 lic,n'es can be- granted sf:er the lst
Inst, ell pen,lies for selling ace, as conse-
oufDc-, sbolsheS Is is 10. supposed thit tue
Legislature, 10 passing the law intended thus to
remove all restrictions on the trace Outing these
t~o IN, ntbs TteiriDttntion was to restrict aud
pu; 1t down, lot 10 give it ffeer scops Tae sr
gun eht. then, set up b. Mr. Hall is that they 90
irsmed thu bill as to enact precisely the contrary
OF what thsy cesgb6d. Meaning 10 res:rsia ana
suppress tie traffic, the Ia infarensahJ gives /.
greater freedom chan ever. No lceusss are to
be given, but there is punishment. for those
who sell without. Mr. Dillon ON the Other haud,
contends mat by another inference imported
liquors mss be freely sold by SIZE bottle or b. the
elsss, not obly By the merchant bringing them
into the couutry, BAT By the retailer sho buys
them at third aud fourth hands. Ga thi. head
we G. mutId cur re .deIs 70 the opinion Of Mr.
Wtls, The D'stIict-A,torney Of Westchester,
puoltbed OF another page of this paper. Il
seems to VI both better law and better ssnse
thar our own law Ulcers ksye yet found time to
furnish
TIE poliior o. Mr.. Hon was not novel with
him /, hso bsiore been presented ia The Al
Jary atlas ard IN The Ereaing Post But that of
Mr. Hall ha0 tie merit OF originality. ald we are
rot aware that it has YET been adopted by any
number of his official colleagues in other cOuu
tjts In ttis City. msDy respectable la Ryers
tsvs prof. s,od sgaicst is ani We are conf lent
Rent muss be ter lie By the Courte. Msan-
While, though We have devoted a good de,l Of
pace 10 the subject, few suggestions setsiog
IN clssrer light she preyi us excise legislation
Of the State, mas no. be Useless.
b. the Excise Act of 1901 "no person could
" eel, without tuoh license as prescrI ped ia thas
" sct, under penalty OF S25 for each odeuse"
The sild d license aid The persons to be lceased
wee fully act forth. TIE act Of ls2l so far
ffou repeating the penal section of lSOl ex-
yressly provided for iis specific emf rcemen.;
snd in addition thereto, the act Of 1924 declared
stiiiIg by retail without license, a msde.
nesuor. Tie sct Of ISIS gee. q step further
sl6 declares that the person selling or delivering
il pursuance OF sale, or permitting liquors tals
solo 70 be drunk en- tae premises, without IL
ceDse, ia liable fer a misdemeanOr aud also 10
all she penalties Of the ect of 1924 that IT, the
peia'y # sos. Tne act If lS27, 80 far from re-
pesllpg the former prohibitions aud pen,ti, q, re-
affirmed them, declslicg sgsin that every sale By
retail TO be drunk in the house OF the er with
"out beiog lice NED according tolaw, should cub.
ject The offender TO S25 penalty. Such are the
uDIepesled Excise laws applicable to the CITY
of New-loIk. No ordinance Of thu Com non
Council c)uld override the statutes of The Sac,
sId none has stttm p,ed IL. And no Y let us ask,
iiDce tie fret set was passed in 1901, who las
been permitted 10 sell Ciesrly such pers)ns as
had he license. And who has been prohibited
rem selling The arswsr is plain: Every man
who could not show st.tate li:ense
Ia the statutes We have quoted, the Legisla-
ture prescribed the form and dictated the SUP
stance Of these Licenses; declared who might
bsye them, aud on wbs. terms, aud who should
nOt-limit Dg and qualifying, from time 70 tine,
tie Licenses b be granted. The right TO do .hi,
was never queitOnej, nor was il ever disputed
up 70 April, lo55, thai auy ID 40 selling witnou;a
licsrse incurred tue penalty Of the statute. H.
deed, Nj Dillon, the Corporation Counsel, and
Mr. Hsssifs, TIE Corporation Aitorhey. ia
wftteD opinion OF the l2th February, l-5l. ex.
PIeoly informed the Common Couu.u lhit
selling sny liquor in ,he C.y Of NeE.Yo.k
" without being lcebsed" would subject the Of
fender to TIE penalty. Aud whs. is little 70.
msrkSble, Counsellor Dillon did aot thea think
proper TO except imported liqu)r.
In April, 1855, toe Legislature still further
limited the granting Of licenses, sad declared
tbSi after certsin day no licenses whatever
should be granted. What folowsi Wny. that
NJ Gle shall sell. Ifhe co 60 before the 4th Of
July then all the penslties of the ex;uti,c 49,.