New-York daily tribune., 1855-08-25
rocE SHANKLAND on TIE PRoHiB
TORY Law.
,.,,. n The n. Y. Tribune.

A iTermiuer in this 'iIage' anu OeheNlng tue
..iOr of men holding the official station of Mr..
s.ntI,rd will have weight with the people,
a CON his charge to the Grand Jury on the open
= Court on the 2lst inst 1t will appear in The
~-.,lay and UGtchman publication in this village,
III is desirable that il should also have place
,our columns. IL is pronounced to be com
,..sense view Of the law, and the daty of
cr,nd Juries, touching several points in the pres
=, Prohibitory Law:
Dcrs1IyNYS: Since | last charged the Grand Jury
Jtbis County the Legislature hiss seen ft to enact
:, n respect 10 the sale and the keeping with intent
.sll Intoxicating hqCofs the 23d section OF which
sroses upon me- the preceding Judge of this Court
4 duty Of charging you to inquire into al violations
!, oaenses under the said act. BY the 4h section II
declared that every person who shalt violate any
,rovision Of the preceding sections, shall upon convic
son be adiudged guilty OF msden'eanor. Hence you
ave coCt izaDce of oonses ainst the act and be-
vnes your duty 20 inquire alter and present for trial
4 violations OF It's provisions.
The first sectiOn enacts that Intoxicating liquors
except as in the act provided, shall not be Sold or
ter< for sale or tcih intent to be sold by any per-
son, for himself any other pereOn, ia any place
avhaisocver; shall 1t be given away except a
medicine, by physicians pursuing the practice Of
medicine as bushes, or for sscramsntal pur-
pos si nor be kept with intent 70 be given away in
any place whatsoever" &c. This ret
shall rot apply 10 liquor the right TO sell which in
bis State rs given by any law or treaty Of The
Upised States.'
TIE 2d section authorizes certain persons on certain
eopdoDs TO sell such liquors for Mechanical Chemical
a. Medicinal purposes. bu If such person sells liquor
r any purpose, Tot authorized by the act he is guilty
q o isceIneanor
II las doubtless come 70 your knowledge that q diff
ssence Of opinion exists in the community in respect
. both the policy and cOnstitutiOnalty Of the act f.
perhaps sufficient 10 soy, that with these questions
,ou tie Grand Inquest of the county have nothing
10 DO. Bu; IL is your duty 70 that all laws are
hiihfully executed far their execution depends
stOn YOU. You to assume that all laws passed by
Ne supreme power of the State are cor stituiiOnal
spfss such laws have been pronounced unconstitu
sopal by the judiciary, TO whom that duty pertains
From your decision legal or constitutional ques
ion parties cannot take an appealtO higher tribunal
and 1t If erroneous Bat from the Judicial de-
eson Of the Court, an appeal lies IN case Ike this i'm
yoyine tie cOnstitutOnahy of State law claimed to
be in conflict with the Constitution aud laws Of the
United States 10 the highest Court in the Union.
You will rot therefore entertain the question of the
eOrstituionality Of the Law, nor its policy as Police
rec ulaiion but will corfne yourselves to the fact Of
ae violation Of its prohibitions.
am Informed that complaints VIII be presented 10
you against person for selling liquors. contrary to the
fret sectoni ana that those persous claim that they
arc exempted from the operation Of the act by the last
clause OF the first section thereof This clause reads,
This eecton shall not apply 10 liquor, the right to
cell whioh u this State, is given by any law or treaty
" of the United States"
By the tariff or revenue laws Of Congress- the right
TO import liquors in casks of not less than sixteen gal
lors is secured, on the payment of certain duties
thereon. Wines may also be imported in bottles on
paving certain duties The Supreme Court of the
United States held in the Of Brown vs. The State
rs MARYLAND (l2 Wheatons Reports, 4l9) that State
law which required all importers of foreign articles to
take out license and pay fifty dollars therefor, before
they could sell the same, was repugnant 10 the Con-
si' uton Of the United States. That Court further
Leld that the importer, by yng the tariff duty, OBJ
tanned the right 10 sell the goods imported within the
limits of the State aud could not be further taxed by
H. Ntofo ottfltA Avffi a. a II
that Court further held that when the importer has 30
acted on the thing imported that IT has become ucor-
porated and mixed up with the mass OF property IN
The country il has lost its distinctive char 4cer
import and nas become subject TO the taxing power
Of the State but while remaining the properly of the
importer in his warehouse, in the original form on
package in which il imported, tax upon 1t is pro-
iubiteG The same doctrine il ~ ain enuBcated with
oreat unanmity by the same Court in Thurl0y vs..
ihe Commonwealth of Massachusetts, and other ike
cases in 1917. IS Howard, u. = Rep. 5O4 In the
Nus, cnse ChiefJu ustce Taney holds distinctly that
although the importer OF ioregp liquors ls protected
fom taxation and prohbon OF sale by State i"gisia
ton while 1t remains IL original packages, YET when
the packages are for use OF Tor Teta
by The importer and also wien the commodity has
raced from his hands into those of purchaser,
censes 10 be an import part of foreign commerce,
end becomes subject 10 the laas OF the State
The Legislature probably had the laws OF Congress
and The above decisions upon those laws IN cOntem
platon when they enacted tie last clause OF the first
lection Thy were sOlicOus 20 avoid constitutional
oliec ciion and the Tariff laws authorized the Inn
portaiiOn of Liquors on the payment OF a essnbed
duty ana as such laws imPitdy authorized their ale
by The importer f The original packages the Leyisla-
ture inteI ded exempt such sales OF such liquors
from the operation of the act. The sales of liquors
intended TO be protected are sales by importers atone
and OHU an ne original packages, or an mat form an
,rhich thee uere imported. Those are the only sales
of which the right is gireR by the laws oil the United
States The word treaty adds nothing to the right,
because a treaty of the United States is fae to the
States.
clause in ques on arising from the fact that strictly
g grammatical construction of the sentence will apply
The exemption the liquor imported rather than TO
the sale authorised 10 fhe importer.
But bv the canons OF Interpretation, the grammar
cal construction is but OF the rules OF construction;
and must give way TO the evident meaning OF the au
thor of the law 70 be Interpreted, as cenvabe IRON
the whole instrument or law to be interpreted.
Another rule by which courts are TO be governed, IN
The internetaton of the statutes is the Of the
statrte-bat is the motives which led to It's adoption
When we know tho reason, which determined the will
of the Law makers, ought To interpret ana apply ihe
words used, in a manner suitable ana c0nsohant 10
tha, reason aud IA will be best calculated 20 ehectu-
ate the intent Now the inteui of the law makers IN
this case is plainly written at the head OF TINS act IL
a TO "prcyent lnfCsnDcr0ace paupertsn, and CRIME.
But If only domestic liquors are prohibited Ia the na-
ket, and foreign liquors may DC SOLD without license
with msunty the whole object of the aoi viii be de-
feated II such be the true construction OF the clause
then the tlle OF the act is misnOner for II should
read an act 10 encourage the Importation OF foreign
liquors and 90 discourage the domestic manufacture
thereof and such would be IT'S true ana only elect
That the Lepsla,ure did not intend 20 exempt i'm
ported liquors afler they sold by the importer,
nom the penalties OF the act, Is also evident iron he
reading OF fecon twenty-five, which exempts sales Oh
cider in Quantities not less than ten gallons, aud pure
wines and alcohol manufactured by the wendell ana
the importer of foreign liquors Is allowed to Keep ana
10 se N same in the original packages TO any person