The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-26

EGc0mpA8n00
lence; teaches that the oaly rsfsrn Servings
fIon the heart; il 10 che result OF coavctisn-uot
s the Is'9 9hs o. .oaes These sueoss bring Us
are recorded upou our book aud tina. drive to the
very limits Of the law The qsessoa tssa arises what
but permit me 10 cay that according to my defaton 1t
Is put Organized force man takes my property in
personal harm. naict blow and We fight In soo,ety
law substituted other force for and enables
me 70 take 1t fIem him Under 1t your honor becomes
definition Of law Now the temperance people, or rather
the advocate Of the Maine law seek to their
that all laws consistent with moralty-a Law may
enforce good morals, or IL may 10 opposed to good
brings IN to the discussion Of the question before 70
whether there II any law In force imposing
penalty for the sale Of liquor without license AN the
founded upoa ths idea that great devastation
would eusue II this traffic should DO suppre .ed.
ticn-should the Law be snforceds And to dstsraIne
this question We have to begin With the truth. Your
learned Judge has written the contrary that the sale
or traffic in ardent spirits at commoa law Ia allowable.
your Hooor win perceive the sSsurdity involved n sao
posing that nuisance could be licensed know that
IN one opinion II vas held that the sale coud bs de-
that the traffic in ardent spirits was legal tram, in the
absence of all statutory enaotmsnts and the license
Honor will perceive that the license IL was m sde sim.
ply with view to direct and control it. The idea there
fore Of this learned judge that it was mot
sustained. II you come 20 that conclusion, :! can
eo.osasd e, e be correct. i, then, the traffic in
license system regulated and controlsd It op.r.as as
repeal of the common Law to the extent OF its general
statute comes IN force In other words, II by com.
mon law all have . right TO ssh, and you repeal tbs
tons, then the right again becomes general The Is
eis.ture or give to the po2is tn, right to
% Be .ss .rs It,
that Law IL repsaled-then the law comes into
eIis,encs And here il the mistake made BY Edmonds
and Savage who have given . contrary opinion. b.
cause this is true Is usauswsrabls. Mr. Tsmlnson
here cited from salksids reqaes page a. and from the
he said held that the tram. liquor in mon Law i.
legal He also cited the OF James vs. Esses sth Of
.e could sot :. s,sr
and In this act he commended former penalty even
deferred TO- Your honor must notice, he continued,
to the city Of New YORK: The license system |.
charters and amendatory statutes OF the State wish
In the beginning. to disclose you the object Of this
tieny as trace the license laws from the bernnise to
the present. time Tbs object is to show that oy
men law the traffic in ardent spirits is legal aud
always connected with license, the penalty alta she'd
implying that you could obtain license, and for that
reason ane was imposed upon your nsgecting to pro-
rate the penalty from the License You must 6isa
your mind Of the idea that thse ID thiog different in
l
the scur1ty that has been heaped upon men engaged
In this traffic know that the opinion has gained ground
that the dealers in liquor are among the greatest
toxcated down to the present 1t never intended
that this traffic should be prohibited by ths falmna-
ops Of Legislature or the restrictions Of any corpo
tate body Another illustration: We have 9 right to
regulate the sails of meat but the right Of prohibition
law so jealous of the Interference with private rights
that 1t Gays you can sell anything, AMI buy anything
90 ong as you 90 not materially affect the rights and
to make police reguatiops-a right which suppose Is
generally understood Thus il the Legislature and cor
they pass law ordinance prohibiting the sale
meat IN the city and county Of New York Ths would
could Of course, maintain the legal right to do So Il
ycu look at Doneans charter 1885, section TO- you viii
aId that It grants tho right to the authorities Of this
it was the arst privilege conferred upon che cor
porate authorit es of this city to grant licenses
and that liquor dealers, tavern keepers, winners
&c, were in existence at that time as well
si,ion made By the advocates Of ths new Maine law
that This Is law without penalty which is therefore,
absurd and that its advocates feens their mstlte and
that Is laid down. 1t il not he wever the frat blum
der that has been made in legislation and will not proba
ton a. We End the power conferred the Mayor and
Commoraity Of the city Of New York to grant licenses
But here 1855 gen emsn in their hot haste to
complish morality and reform, passed Law repeating all
mace e0CtOn licenses,
Their prohi6ticp and another penalty ana the PROFIT
bon goes into effect ON the fourth Of July The pena
~ also goes into sect on that day and because does
penalty ON repealed statute. They say thas
this Is intended to put, stop. to the use Of
cannot be carried without mourning penalty. Be-
tween 1859 and 1880 the Colonial Lsgslasrs Of 1713
the license @ ny T. thsy .os the pvss. to
those who gave the highest price for It They put
at auction and here you will observe the alay Of the
learned Judge In supposirg they would advertise pub
Lie nuisance to be sold at auction In 1885, read from
the Laws Of the State chapter 4s A commission to
" CommissioDer Of Excise" The Mayor was ma ie an
ofcio commissioner In 1883. The laws Of 1901 chap
power to make any persoo Commssionsr Of Excise as
we'll the Mayor This, believe, is the Hrst legisla
tive interference with our charter and that legislative
interference allowed sustained because 1t
held that the Common Council had permitted such
interference, and, By petition, had, to a certain
ss the egsature would have right to interfere with
charter un)ess by the consent Of the corporate body
Council pttioned the Legislature for their interference
thus giving them the right which they subsequently,
eycsed. commissioner under that act Off istsd,
up to which time those persons appointed BY the Com
mon Council and the Mayor Of the city exercised their
hibition general now that you cannot have license
but say you can, under this Maine law The second
to Of sr r ss ' 10
dicinal purposes. Tho argument they is this
There general prohibition without license, and whom
you take away the license they contend you have
right TO sell
ARGUMENT FOB TIE PROSECUTION.
Mr. Haskins spoke for the prosecution substantially
ar follows II approach this with considerable din.
deDce involving 1t does in its decision thorough
animation Of all the laws in relation to the sale Of liquor
here from the time New York became city Ia discuss
Ing tie questions that bavs arisen out Of this case,
shall not enlarge upon the abstract rights duties of
society only far relates to organized force dis
played BY the Liquor Dealers Associaton in their re-
olives. Ishall conre my self to giving this court hts
tory OF the law in relation to the subject at Issue With
such comments upon law and facts as to my Judgment
seem pertinent to this occasion The learned counsel
on the other side commenced BY stating that ut
law the sale Of liquor free In this city and State
honestly differ from him In his opinion don't believe
ut common law the sale Of liquor free. Ger.
tain that in the city Of New York particularly and In the
State trtanly the sale has been free and have
had better evidence than the citations OF authority
of the learn himself BE has cited many Of