The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-21
NEW YORK HERALD, THURSDAY, JUNE s2l,E 1866.


May or, IL seems, has determined to take it on
his OWE responsibility not to execute the Pro
hibitory Liquor law on the Fourth Of July.
Whatever evil purpose or mischance induced
TIE Legislature to select that day to iaaugurate
the new Blue Law, il is quite clear that nothing
could be more shocking to the feelings OF Anne
rcars than the disturbance OF the celebration
OF the national anniversary by riots on that
day. AEl that any rash attempts to enforce
the Liquor law OF the Fourth would lesd to
riots and bloody ones, the most peryerse sup
porter Of the law will hardly venture to deny.
Hence the Mayor viewing tie omission OF
day as Of little consequence and reviewing the
means at bis power to carry out the law at
time when countless thousands will be in the
streets, quite ready for row, has come 70 the
conclusion that under any circumstances the
better course foI him to pursue will be to let
the law lie over till the fifth.
But it is said that Governor Myron Clark of
Canandaigua will not have IL so. 1t is loudly
rumored that, if the Mayor will not execute the
law, he, Governor Clark, is ready to take his
place at the head of the militia of the State
and see it done. We were well aware that the
Prohibitory law was favorite Of Mr.. Clark's;
that he drew it was elected on the strength Of
it has done little since he took Office bat get
it passed and now it appears he wants to exc
cute it in person at the head of regiment with
loaded muskets and fixed bayonets. This may
be going too far.
|. The constitution of the State does certainly
declare that the Governor shall " expedite oil
such measures as may be resolved upon by the
Legislature, and shall take care that the laws
are faithfully executed" But the Mayor also
is directed by law to abe vigilant and active
in causing the laws and ordinances of the 60
vernment of the city to be duly executed aud
enforced = and this clause obviously includes
legislative acts as well as municipal ordinances.
When two men appear, according TO the words
of law, to be set to perform the same duty,
it is generally understood that he on whose
shoulders the performance Of the Las would
most naturally fall-who is nearest the spot
-is most familiar with the nature of the bust
ness and would travel least out of the way to
perform the required duty-is the man who is
meant Under this rule Of Interpretation, the
execution Of the Liquor law in the city being
clearly I" q law for its government" devolves
upon the Mayor. According to the common
law, the Mayor is paramount in his mayoralty.
The political power, say all the old writer's, is
subservient to the municipal authority in the
municipality. And most assuredly, according
to the rules Of common sense, it devolves rather
upon the head of the city than the State 60
vernment to carry out law, which at best is
only mere measure of police.
We can quite understand therefore that
Mayor Wood should have written to the Go
vernon, demonstrating with him against his al
legged intention. 1t is not possible, however,
to foresee the result Of his message. It may DO
that Mr.. Clark is one Of those men like Neal
Dow, who think every thing should be sacrificed
to his pet theory. He may come here with
q thousand men or SO to back him to stop the
sale of liquor on the Fourth. We cannot uu-
dertake to say what legal measures the NUM-
cipal authorities might take to prevent SO uu-
necessary and unwarrantable piece of med
ding. nor whether with common sense to back
them, they would be certain to defeat the Go.
vernon. But one thing is quite certain. If
Myron Clark comes here in search of a riot,
and has it in bis heart to play the Neal Dow,
he may rest quite satisfied that he will attain
his purpose by trying to enforce the Liquor law
on the Fourth. The only difference between
the two cases will be that where Dow had SOL
diers Clark will need regiments; where Dow
fred shot. Clark will need volley; and for
one man wounded in Portland there will be
score killed here.
hac o;r
which appeared some weeks back, made any pub
lie avowal of his intentions. But we have the
best ground for believing that with reference to
the Interior bearings of the Liquor law, he in
tends to guide himself by the advice of the legal
councillors to whom the law directs him to refer
in case Of difficulty, and that he will not in any
case direct the police to interfere with import
ed liquors According to the best light which
be can procure, the Prohibitory law does not
apply to such. 1t prohibits the sale of intoxi-
eating liquors, in general but excerpts those
which are foreign grown and imported from
abroad. This may no. have been the intention
Of the trainers Of the law, but it is, according
to the best advice and the judgment of the
Mayor, the actual effect of the law as they
passed it, and % the Mayor, of course, and
all executive officers are bound to carry it out
Those therefore who apprehend that after the
Fourth Of July it will beimpoesible to procure
liquor, will be agreeably disappointed. OF
French brandies, clarets, burgundies, sherry,
Madeira, Port wine, champagne, Scotch whis-
key, Jamaica rum, and British ales, there is no
reason in life why the sale should be diminish
ed so much as glassful. The only effect Of
the Prohibitory Law may be to destroy the
growing wine and brandy interest of Ohio, and
to put check on the manufacture of native
whskey and rum. But it would not make
much difference to this city if all tde Catawba