The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-28
Appeal Of May or Wood to the People.
TO THE CITIZENS OF NEW YORK.

MAYORS OFFICE, NEW YORK, April 27, 1855.
Ny late commur cation to the people of this city
specting the Prohibtory Liquor Law, recently passed
BY the Legislature, closed as follows
have avsiled myself of the fret moment after the ad
jourIment Of the egslature when all expectations of
peal hopeless to thus axe public my
p il n rs ssss on to
points without delay and announce conelusion to the
eS win 'n' same that prompts TINS
The opinions of my legal advisers before the public
ard their conclusions Feed but brief reeration at my
hands In my capacity Mayor the Corporation Coun
eel IL ty the charter constued my guide in my func
tons Magistrate the District Attorney becomes my
cooperstor. These gentlemen sustain the
ations TO me as are held by Attorney Gensrals
to tie President or the Governor To act
trary to their objection, until It Is superseded by abso
lutte judicial declaration, would be an Illegal assump
tiop, for doubtful powers are thus made certain.
have discretion to take any other line OF conduct,
without dong what could be properly charged as IL
legal assumption Of power unauthorized by Law. There
fore. while standing ever ready to execute all laws
isbiuiIy and diligently, to the extent Of the
p. ced at my command, am, like other executivs Off
GERS cobred within the boundaries prescribed By the
legal saves o. my oiceto act contrary would be to
law, pntl decieed to be otherwise by the courts.
IteIefly mace by MIR. Hall the District Attorney, is
that Of Mr. Dillon is dated the following day My To-
quiy TO Mr. Hall was confined to what woud be the law
governing the sale of liquor in this city after the expra
tion Of existing lcen es MAY 1st until July 4th when
the penalties Of prohibition win into effect and to
the laws governing Sunday selling during the same pc
rcd BE replied that the old license system is super
seeded BY the new, with its appropriate penalties
that the old penalties not only specific to the
old system but are ipapplicable to the new system,
well because penalties cannot be extended by i'm
rIication, as because the new system bad its
specific penalties That by oversight OF the Le
gislature the penalties superseded until that
part Of the act creating them becomes operative
That from May hrst, when exi,tng licenses expire,
until July 4th, obstacle exists to the free sale OF
liquor in this city, and that IL be sold the
any other commodity. And that for Sunday selling
there is penalty save the old civil penalty of two
dollars and fifty cents for whole days traffic. and
which is to be prosecuted and collected In civil action
by the Corporation Attorney
The Inquiries 10 Mr. Dillon were more general, apply
ing 10 the whole scope Of the prohibitory section.
In reply he says that the Mayor Is not empowered to
hear and determine the charges, and punish od.n.cs
arising under any part Of It's provisions. That the
Mayor is not authorized to perform any othsr duty
ur6er tie act than require 70 policemen TO perform the
duties snoned upon Them but That in Ills drect,n 70
the police he must caution teen eesinst any nsrsc
ton CT that section Of the law, which declares that II
shall rot sppy to liquor, the right to sell WHICH Ia