The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-07
The FrshAhatsry Lsqusr LAw-Faots and

After quoDg Chanesor Ksnts rules for the coastruo-
.n Of statutes vis: .scorcins to the intent Of the
mon law p and Tin connection with other fects rest
ing to the subject the opinion rscitss the prov
There is no ambiguity about this statute No license
except according TO the second escoo be granted
tanned on and after the first day Of Nay With these
exceptions al previous laws the subject remain Ia
force until the fourth day Of July, when the new law
After the fourth Of July imported liquors may be sold
in the original casks or PACKAGES such being
the United States in the liquor cases decided in 5th Ho
lam aware that different opinion has been given By
Mr.. Dillon, Of New York. He thinks the traffic in all
imported liquors after the 4th Of July is free to every
person who chooses to embark 10 the business In my
opinion, such construction Of the act IL at with
all the rules of construction which have quoted above
What was the Law before the passing Of this acts What
vdsy Was 1t that the traffic 10 liquor too much
restrained Was it that ntoxcson not sufficiently
"intempsrapce, pauperism and crrnei Is it not per-
ecy plain that the mischief In view Of the Legislature
vas ,1s pievsence O. insempsrapcsy mo- sqasy
the suppression Of the traffic in liquor a beverage?
l. il not equally plain that the duty Of the courts aud
the ubic officers IL to execute the I, suppress
the mischief and advance the remedy
The language Of the ption in the drs section
follows: 1bis section shall not apply to liquor, the
right sell which in State given BY any law or
treaty Of the United States"
Search vii, be made in vain for any law of Congress-
giving in terms right TO sell imported liquor 10 this
State II is said the right to import implies tue right
SELL (tbis may not b. universally true)but how stae
saIe to be made by the Importer nsr the law OF Con.
under the State Law? There has heretofore
70 conflict OF laws on that point until the Of Stn
boward came up fol- adjudication. In these casesis
decided that the importers might sell in the original
casks and pacsaaes but alter the import oro
the LIQUOR the subject Of the internal OF
t State which is entirely State control and that
the State might prescribe the interasl traffic in liquor
.troy the independence Of the sta.es ant make them
mere corporations subject to tho control Of Congress
Upon evry rule OF 9, Instruction a. rep as commoo
IN the united stes is hs rizht 10 sel referred Ia
this section II there could BE- doubt about 10, that
doubt would be removed by the language of the 22d
section ~hers liquor n the original package Is author
izeo 10 be kept and sold.
The language the first section to be nnisun-
derstood by Mr. billion; he tna expression, +" all
liquors. in Italics and With inverted coumas, as If
Mqvors The LANGUAGE Of the act Is, liquor the right
to sell which y Now is there any liquor right to
sell which belongs to the inporserY There is suea
liquor and that liquor IN the original casks pack
ages Can there be doubt therefore, as to what
the intention Of th. Legis!aiure9
Mr. Dillon evidently regulates Mr.. Halls constrnc ion
Mr. Han sihrms thar there can be no prohibition with
cut license, hereas prohi ion il the and license
is the exception. We're there positive prohiorioa
every license proh;bory law 50 desltel by the
what everybody had right to do9 have not the rseu
latoDs Of the city Of New Yock before me- but they
be in with the statutes Of the State and not
TIE fret Of May has arrived Let Us sss how we stand
Sec 70 is now the law Of the State No license can oe
granted except uncer the new law the license clause OF
which is also the law Of tas tsts Yhs revised statu
with the license clause stricken IN force until
me Foufin Oh July next Inc fecnon above qaoted w
cell any strong spiituous liquor any wines in any
quanty less imam ave gallons ~ the tine shan Forfeit
The only mode Of selling liquor BY retail and avoiding
this penalty by taking License under the second section
In short the Law the State from ths Hrst Of
May Until the 4th Of july consists Of the revised stat
the o'0 Incense aDosheo ana 'ne new one
su rs .hn
sstent tS ,hs MI % h
ns.ens WIN me rev law are REPEALED inc pronibory
srts OF Inc revised sie not ncopssteut with
ne new Jaw ana are thereors, not repealed IN terms
d ,hp. - "a - we nov law W" p.ooAoy super
With rsspsct 10 the autis, Of N.vo a, no. ,erc.iv.
y sss 4h Dus ns az an.sr .ne cnar
see ,Da, ne Avs OF tas stss ana OF the
NJ Hiii Of S,Sp1 bas r;t.sn very e.,o-,ts on;
non t0s search and .eisaIe Sisusrs Il no. my IN
discussed BY him Thus far ne has not said thing
UPON Ine pon.s Wncn osVe oeen consioesns nor mas
ne ETY. once Inc power o. the assisatne to enact
PIooiy NV, nvl nss n9 sasisnTc me snat search auo
,ei.uis ave unconssssuaona nave connnea my remarks
80; ~ saSn az NOR concern the gu
time 'A' @"1 0n'e'' - ZIG SHN sXvppGE
LETTER FROM FERNANDO WOOD on TIE DUTIES OF
The following correspondent has taken place between
the Secretary o. the MASSACHUSETTS, State Temperance
so.om!ee, ana mayor Wooa, o. TINS CITY, N rstton 70
the duties cnisi msgstr&Ve win reference 70 tue
enforcement OF the prohi6ory quoriax:-
MASSACHUSETTS TEMPERANCE HEADQUARTERS he;
BOSTON, April 3U 1870
hoN r. Woop:-I am oirec.ed ~ tne STATE Com nittee
70 request you 70 give your views OF
sns outies OF mayor OF Guy WAN reference 20 tae
enioicement Of laws reguAung OF prono,ung Tue save
=. ,n.oA,csuDe IIn LEX NV Jaw lPsoas norD mas
just psisec our ana 70 are snaeAvoeng t1
secure us endorsement IN TINS city you conid send
US DIei no,e Expressing your views upon sne mA.e
"ouia ~ ~ ,mmense seivics 70 US Tue commitsee
are exceedingly ANXIOUS 70 receive such no IRON you
ne assemblies on ruesday OF mex week the
atD OF NAY fease drect your letter sSb w. Williams,
Eren,ig ieegrdph ONCE, Boston. Hoping 70 hear from
you curing the present week, remain your ooedent
servant b. W. WILLIAMS
Secretary state Temperance Committse.
MAYoRs OfT1oE, New York, May o. 1922;
LIZ ain u Ieceps VI your favor Oh sue OWN
MI; II ASKS @l views OF the duty OF mayor OF city
Wn reference to the enforcement OF laws regulating o.