The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-12
THE LIouoR QUESTION.
Insaractasa. TO enc BrooaIyn Police

the following instructions to the men under his com
mad and to ipreAs upon them the ipsrAve necessity
of following strictly the directions therein contained:
Every policeman whilst following his beat must ps,
particu attention to all places in dis beat where in
t0catfDg liquors sold, and obtain the names Of ali
persons keeping the same for sale BE must obtain the
is able that they may be used Witnesses He mus
report immediately after coming OF duty, to his cap
guilty Of violating the law By selling ntoxic.tlng ii
quors fhst may be issued for their arrest
Every polio is considered on auy az Smsu nos
whether his post OF otherwise hcis fahcuy TO ooe]
the foregoing orders.
These order read to the pciscsmsn nj the dir
ens station no, ,ses last evening.
OYf1cE on Co VNsxL OF CoRPoRAro..e BROOKLYN
CRY HALL, Way 0, 1856. 5
HoS GEO H4LI--
Drsx sIR-My opinion is asked by jon upon tbs fol.
Frst~What ns,v duties II any, now deyolve ON you
Mayor q the city Of BROOKLYN under the
of intezaperance, pa uyerism and crimep
secona.whst order if any should you give to tie
police OF this city in resstion to the law?
ThirdCan persons WHO found in the act of selling
intoxicating liquor not 1eving the license provided
in the sesond section OF the act, be arrested without
By the 1919 section Of titcthree Of the present char
ter Of the city OF Brookyny the Attorney and Counsel
of tbs Cooperation declared TO be the legal adviser Of
the Mayor and Common Coup1 and the several depart
ments of the corporation. In dschargng this duty iu
the present Instance, shall only examine the act,
far I may deem it proper 30 your
Inquiries, and not attempt to give such con-
yenr mind Ar to my advice to you, do no. entertaiu
any doubt to tho constitutional right Of the Lega
turs to pass law regulating the mode and in
which traffic may be carried on within this State al
though there may Do expression in the Law, 'Ifis
section sha not apply to liquor be rghs to sell which
states" have been unable to srt.nthe existence
of any law treaty of the United Sta0es which in terms
gives the right to sell qeor within the jurisdiction Of
this State The second section Of the act is an
police regulation Of the State in respect to which ths
Legislature had the right to act and having exercised
that right it is duty to conform to the regulation
II has been well settled by our courts that the Revised
Statutes regulating and licensing inns and tsyerus and
the penalties inflicted agaisst the unlicensed and
regulated dealer constitutional. Again, it has
been decised by the highest judicial authority 10
tAe lano that State may lawfully regnlate the
quantity OF liquor to be- sold at one time and the
manner and right to refuse to grant any
missioner, the public good does not them to be
gr3nted " Thurlow Massachusetts, Fletcher Rhode
Island Pierce vs. New HanlpshiIe, Howard O. 3. Rep
50A and the there cited, state msy prohibit the
carrying Of certain trades business unless forbid
den by the cons ttuton OF such state and may pass
q stafne restraining the sale ef Intoxicating liquor.
Austin stats of hissssippi p a94. Courts viii not
pronounce statate nulity exceps in plain and ppa.
BILE caas-Fnt River Steamboat Company vs.. Foster,
Georgia Rep 194.
BY sec. 2s OF the act, sections I'd and 25 are now
law Of the State, and in my Judgment section 25 is in
lieu Of the provision Of the old license law, and any c
Of good moral character and elecfor in the cy
upon complying with the requirements OF the section
may have the license to sell may sell by retail for
the purposes in the section the 4th day
Of July next without reference the provisions OF the
other sections OF the act
have thus brieay expressed opinion 30 far as re-
ates to the general provisions OF the sections OF the act
reply to the arst question, there is no new power
conferred upon you BY the section quoted BY the pre-
e made your duty to be vyilant and active in causing
the laws and ordinances to be duly executed and
forced and you Gle thed with all the authority and
power Of police and Justice Of the Peace in
addition to which, by title chap of part of the Re
ties Magistrate particularly defined. Whom
complaint is made to you oath thata criminal Of
fence has been committed it is your duty TO issue
warrant and proceed in the therein pointed
To the second section under the charter OF the city
SUCH may such lawful orders to the police
the exigency Of the may require. would not ad
wise the issuing OF orders to except complaint
taught that the power which police have to arrest
persons in the actual commission of misiemeanors,
ought not to be exercised except in of
policemen are too apt when exercising this wsr
OF arrest without warrant to act indiscresty and 10
themselves liable to actions for assault and false i'm
prsonment.
To the third question reply that all violations Of the
excise law declared msdemeanor and the police
men have the authority by the 18th section of title Of
the city charter to arrest all persons in the actual
ecuted only when emergencies require it, and upon
sure case. Respectfully, your obeaient servant
N. f. WARlNG.
Our Albany Correspondence.
ALBANY, May I, 1855.
The Trade in Liquor until the Fourth Of July-Orinance
Of the Common Council-Liquor Bars Closed Sun
doys-Heavy Sum for Enforcing the Prohibitory La,o-
High Prospect Of 7dres.
Our corporation fathers decided that free trade
in all of intoxicating drinks will be permitted
until the fourth OF July As lcense is to be granted
and money paid therefor there will be loss to the
city Of fifteen twenty thousand dollars directly and
hundreds OF thousands remotely. An ordinance has
been adopted affirming repealed act regulating the
sale Of liquors during six days of the week and strictly
fsrbddng its SALE unless to dodgers persons actually
travelling, Stnday large portion of the drinking
shops had their front doors closed Sunday for the
time since the old charter Of Albany granted by
Governor Dugan two hundred years ago. II is
hoped that not only the shilling houses will adhere
this voluntary closing Sundays but that all the
penny rummeres about the docks and back will
| be compelled to do likewise.n However wicked and
Sabbath breaking the Abanians may be characterized
there s city the Union of its population, where less
drupkenness and riotng prevails Sundays in the ab
Of the Legislature than there is uniformly here.
This is very singular and unprecedented state OF
things. The Legislature, instead Of passing pro
penalties really opened the doors for its ndiscr
inmate sale for two months There no licenses to
the respectable venders Of good liquor and the keepers
OF the lowest tipping shops and rot gut groggeries
in the sales for two months, and Thousands may sm
brace the opportunity for that period who not
engaged in it, 1t s reasonable TO hope that the moral
Of the community will prove sufficient to check
very inordinate extravagant indulgence by
\ of this free trade In liquor.
This city will be under the necessity, not only OF
raising by direct tax the deficiency of fifteen twenty
thousand dollars lost by not granting licenses but will
be compelled to increase its police force about fifty per
cent to carry out the prohibtory law at additional
expense Of some twenty thousand dollars annually,
making at least forty thousand dollars year for the
| support of that law-this too without taking at all
calculation the in the valua
ton Of such taxable property brewees, dstileries
and all the mechanical attached thereto There
are establishments of this nature In this city equal in
magnitude and value to any others of the kind in the
country which pay tens Of thousands Of dollars taxa
/ ton which, when their manufacturing u suspended,
under the probibtory law, all the value which the
assssror could rate them at would be the bare walls
Let these establishments be suspended and the tax
PAYERS of Albany viii realize IL heavily Real estate
4 now is scarcely worth the owning
/ ROCUrsrru