The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-24

Opinion Of the Cooperation Counsel ON the
New Liquor Law.

Opinion OF the Cooperation Counsel ON the
New Liquor Law.
BOARD OF ALDERMEN.
The Board met last evening, the President, Isaac O.
BARKER, a., In the chair.
BAN UP AGAIN.
Alderman BRIGGS presented report from the Spec al
Committee being the evidence in relation to the nativity
Of the police, which partly read.
Alderman BAIRD moved that the report be laid upon
the table and printed, which carried.
Alderman WILLIAMSON then moved that the COMMITTEES
be discharged from the further consideration of the sub
ject
Alderman BRIGGS was opposed to the committee bsing
discharged The scenery ahead he thought rather dark
and he wanted to see further it. and get more facts
Alderman ELY hoped the committee would not be dis
charged when important matters were before them aud
uch rich Developments to come out. The idea
of shutting off the Developments likely to be
brought to light, he thought entirely wrong He
Thought there must be a negro on the fencen when
members were anxious TO shut off the investigation.
Alderman WILLIAMSON pronounced the proceedings Of
the committee as very ridiculous, and calculated to
bring the Board into ridicule for authorizing such
courfe as had been pursued
Alderman c. b TUCKER said 1t would be very unfair
and unjust to discharge the committee when i'm portan
he thought that the next steamer would bring an ABB
stract from parish record in England showing where
The monon to discharge the committee was lost bya
vote Of to $3.50 the subject yet remains with tne
THE NEW poIcE COURT.
Alderman HERRIcK oferei resolution that the police
ustces of the district court be directed to hold
court alter at the police court rooms
OF Eighty street and Fourth avenue well as at
Jefferson market until otherwise directed. Referred to
the Commit lee on Police with power.
LIQUOR LAw-oPISIoN.
The following comm anicAtion eived from Robt.
J Dnlou Eco Counsel to the Corporation giving his
the Liquor Law-the same having been called
for by resolution Five hundred copies ordered to be
printed - -
OFFICE OF COUNSEL TO CORPORATION, April 10, 1855 !
To TIN HONORABLE THE MAYOR AND TIC COMMON CoUS.
have had the receive several communications
from the Common Council the Mayor, and other Depart
ments req the opinion of the Counsel TO the Cor
poraticn many questions arising under the late a.;
of the legislature entitled San Act for the Prevention OF
ILtemperance Pauperism and Crime,o and, maay Of
those relate to the same points, beg leave to make
general reply in one report. 49,
First BY The charter OF Montgomerie in 1880, was
ordained granted that "The Mayer OF the city OF
New York the time being and other whatsoever
sha have give sss grant o al such
he shah think ct to license 10 keep tavern, inn
ordinary or victualing house. and TO sell wine braniy
rum strong waters cider beer ale other sort OF
exceable strong liquors within the city OF New York;
by retail the small and to ask, demand and
receive for every such license, such sum or sums OF
money IN may agreed upon exceeding the Of
thirty shings for each license, all which moneys
ceved shal DO used and applied to the public use" OF
The 2tth section Of the late act of the Legislature
having provided tina. no license to sell liquor except as
therein provided shall hereafter be granted the ques
ton arises whether the act in that particular
violates one of tie rights of the city granted BY the
TIE po regulate the sale of liquors has been
sany exercised by the Legislature in disregard OF the
Charter from the earliest peros OF the history OF the
the acts of 1901 Commissioner OF Excise was ap-
pointed by the State without VIII license no sals coui
be made. BY the acts Of 1924 1885, the Mayor
deprived Of his exclusive privilege and The Aldermen
and Assistant Of each ward associated with him in
granting licenses and license conld be granted with
out the consent Of majority OF them aud by the act
Of 1853 the Courcmen were substituted in the place Of
the Assistant Aldermen.
In The case Of Furmau vs. Knapp, 10 Johnson, 24s,
an objection taken TO the validity Of the act Of
violation Of the the power Of the M.y9r r and thu
evidence the ca,e that the Corporation had
fore to discuss or consider no Tar tns Lsgs-
lature With out the consent the Corporation might
modify or change the charter.
In the OF the People Morris, 10 Weud 1875,
appeared that the trustees of the village OF Ogdens
burg were by their charter empowered to grant license,
the Legislature the power tasen away, and it
COMMENDED that the act Illegal The Court however,
of the Legislatures that the power conferred by the cha
ter wholly POLITICAL and thai 1t unsouni and
ma sosurc tina. P1ea, POKER
the government in any individual or body OF men II
the charter had granted rights of property they coad
not be nringed-but political power land the right oil
licensing the sale OF liquors is purely su:h public
trusts to be executed not for the benefit at the will
Of the trustee, but for the veal How long II
shall exist or In what 1t shall be notified are
questions Of the chartered corporations an
belong svey the people to determine through
tho legislature in the mode prescribed by the constisu
ton.
In the case OF Sateree vs. sutton in the Su ,srior
Court (Kents Charter psge 243 II contsnded that
the act Of the Legislature appoo ting OF grain
for the city and declaring that other person should
the Charter Of Montgomer which gave the appointment
of such officer to Corporation and their for
and ptrquistes arising therefom The Court however
decided that the grant to the Corporation co appoint
measurers was grant of political pc yer, coupled with
interest the compep sation for measur
ngtha the grant not to be considered in the light
of property intended OF revenue and that
therefore, the legislative act Valid and the Charter
50 far controlled.
Numerous cases might be cited to the same effect AMI
it may be considered we'll established law, that all
grants OF political 20 TO municipal corporations
held at The viii of the Legislature, who may abolish,
asTiass CT modify them IA, a. their pleasure. ,.,,
taking away this power. 1t simply declares that mo
thing the constitution shat affect any grants OF land
shall annul any cha tiers bodies poll
tic or corporate, by him or them made" This 1t viii,
and was ppoSSy inserted fOm aSandan, that
the charter Of the cities should not be considered
swept away by the Revolution which had abolished
the crown and substituted new government (l9
johnson R. 24q.)
But political powers must not be COMPOUNDED with
Of ferry the OF the streets and other vilua
BILE nights granted to the city by tbs charters from the
Crown Such rights protected by the consultation
OF the United States which regards them contracts
and prohibits the Legislatures OF the States from pass
ing any Law impairDg their obligation. Dartmouth
College We. Woodward, Wheaton, tlS;l Over such
rights the Legislature has control than toe
private rights OF property held by individuals.
The right TO c the sale Of liquors being politi
cal therefore OF opinion that the late act OF
the Legislature is not unla wfu invasion Of the char
ter
Second Under the existing laws, the Mayo. and the
Aldermen and the Common Councilman OF ward, or
majority Of them, have the sole right to grant and
woke licenses for the sale Of liquors The 25h aud Goth
sections Of the late act declare that no licenses to sell
liquor except therein provided shall hereafter bs
granted and that this prohibition shall tsle effect i'm
medatey The I'd section, TO 60 into effect the LIST
OF MAY next, provides that CITIZENS and electors may
keep for sale and sell liquors for certain pe pur
poses upon the performance of certain conditions, ap
proved by the Judges Of the Common Pleas