New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-22

telugeEce.
The Board Of Aldermen had a brief session
last evening. The only important paper before
them was the communication from the Control
Ter denying the right Of Mr.. COnklin to transfer
the Castle Garden lease. No other business
was done.
A move toward the celebration of the APP
preaching anniversary of National Independ-
euce was the only deed Of note in the Board Of
Councilmen last night.
We print this morning an elaborate Opinion
BY Judge Edmonds upon the leading features of
tho Prohibitcry Law. The first question which
the Judge discusses is the Constitutionality of
the law, or rather the right Of the Legislature
to pass any law restricting or prohibiting the
sale of an article allowed 10 be imported by the
laws of the United States. After citing several
cases, including State Insolvent laws, power of
States over militia in Federal service, the old
Fugitive Slave Law, power of States as to
foreign passengers, also as to licensing sales Of
imported goods, and finally the case of the
Massachusetts, Liquor Law, in all Of
which the State right has been sus-
tanned, Judge Edmonds concludes that the
state has power to legislste in respect to the
traffic among ts citizens in foreign liquors after
their importation has been completed and they
mipgle with the mass of other property; that it
has power 10 legislate in regard to domestic
LIQUORS manufactured in other States of the
Union and brought into this State, because the
power of Congress to regulate commerce be-
tween the States not having been exerted, the
State is left TO the undsturbed exercise of its
original powers; and that it has power to legis-
late in regard to liquor manufactured within its
own territories by virtue of its general power
10 provide for the health and prosperity
of its people, which power is unaffected
BY any express or even implied power
in Congress. The next question proposed
to Judge Edmonds was whether the means pro-
vided in the law for its enforcement are lawful.
These are: requiring security; Furnishing for
misdemeanor by Imprisonment; arresting per-
sons who sell and also persons intoxicsted
excluding offenders from juries; abolishing
licenses; declaring liquor-selling nuisance; and
the search for, seizure and destruction of liquor.
All these means are considered perfectly legal
and precedents without number are indicated;
such as the present fines for selling without
license; the Imprisonment aud filming of drunken
persons; the exclusion of felons from civil rights,
and Of interested parties and relatives from
lures; the prima iacie evidence which de-
clares Insolvency until the contrary is proved,
and other relative points. With regard to the
alleged repeal of all license laws from May
to July, Judge Edmonds says that the provisions
of the statutes which forbid sale without license
are not repealed. Under the old law if a man
was refused license by the Commissioners of
Excise he could not cell because he had no
license, and the sections quoted in Judge
paper were the cause why he
could not sell. But now for another reason he
cannot have license, and the same sections yet
operate TO say be shall not SELL The several
statutes operating on the same subject, being in
rari ,aateria are to be read together as one law,
and they say no man shall sell liquor without
license and 10 man shall have license. IL is
only (says Judge Edmonds) by an uncommon
conception Of language that these statutes can
ne so Itdu Is 10 VI thiSf
that man may sell who has no license. large
space is devoted TO the search and seizure
clauses, which, after elaborate examination, are
valid and good in law. After pointing
out whose duty it is to enforce the law, Judge
Edmonds sums up the result Of his arguments
by stating that in his opinion; /. Ii is compe-
tent for the State Legislature TO regulate and
prohibit the domestic traffic in intoxicating IL
quors among its citizens: 2. That the act in
question in prohibiting the traffic in this State
among its citizens is constitutional and valid,
and is as applicable to imported liquors after
leaving the importers hands as to any other, the
power Of Congress and the reservation in the first
and twenty-second sections of this act relating
only to foreign liquors while yet in the hands OF
the importer, and before they minsle with the
mass Of other property in the country: 3. That
the means provided by the statute for the en-
forcsment Of is enaetmcnts are lawful aud
valid: 1. And that the duty Of enforcing the
statute is not confined to the officers specially
named in it, but is deyolvcd upon all ihos
whose general duty il is to enforce any Of "a
laws Of this State against crime.
HI