New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-07

license sections OF the Old law 10 Us lne 49," -
the Distrct-AtOrneyl defunci, We must reiei "
the principles embodied in these rules. =,
The old law allowed the granting OF hcenses' ll',
mis-, hef was IniemTerance, and the remedy p'ofDst
was the immediate abolition OF licenses and .ne -,
inhibition OF the traffic IN ardent spilts AZ OeFe-H70
in fsverns h0ie-. saloons and groceries q.
This intention : fairly deducble nom the g., i'sa'l,
and 10 accomg lish the object II was indlsyensaoe .
The cTsffHg peadlties sa0nid n nam Z" y'- ~
ne until the new statute should 20 mo iul enect N
july. IN ,.-h.,o.s
be conceded that The PENAL sections Of the Old statutes
and ordinances no. repealed BY any crpress ehH
men. OF the statute Il L another ruie OF NeI
rre,ation that the Courts viii not deare me re<a
II q highly remedial statute, og mar '"p.'el .'n,
when tie consequence will be 20 defeat the object OF
the legislature in the passage Of the new ia"' on
the Con,rnrv the Courts vii interpret the statute
a. " possible 70 accomplish The object o. ne la"-
makers. lsM HiA, -, 30 They VIII ra,hel
STRAIN 20 give such construction man aHVys
an Interpretation which must lead 70 palpHpe
contradiction and absuriIfy, always provided no N.o
knoe is done 80 tie plain language oi the LAY" Noh-
sst,nty with these rules, The Courts may 50 constr a'
the 18th section OF he statute which, as lhr u
irici-Auoruey supIO ses, repeas o. t"PHcn,'0H .lo
renal sections Of the old laws as 10 leave the iaueI
sections IN u force, and thus realize the intention OK
/ tie legislature. This end may be eccompnsneo 1y
ooufning tie application OF the -lth sttuoh 10 lie
! subject matter slccially mentioned IN H. VIZ &c
heess,s The judicial tribunals sil aejudse, mat the
- Ia section ablogatcs only much O, The old law" a.
7e.tcs 10 the granting Of licenses, thus leaving the
! renal sections uuTepoalcd.
Necond. Arc imported liquors crciufca from ne 0D
erQff0n Of The nfc s'afufcl II l. n cardinal rule IN
the cous ion Of staues that the reason ami IN
"tcnion of the lawgiver will control The stilcl e,ter
Of the law, when tie latter would lead - paipaoie
injustice. contradiction or absuriiiy. w men the
words are 10. explicit. the intention Is 20 be collect
ed from the occasion and necessity Of the law, from
the mischief tel, and the remedy in view and the
intention j. 10 be taken or presumed according TO
what II COnsOnant 20 reason and good Ills relOn -
/ Kent. r0i. !. Sec - fftie as bg0rc citcf.)
! The object Of the Legislature having been E" he
Prevention OF IntemperHnce, Is L rational io be-
Heye that il would stuy itself, and defeat lis own
/ intentions By adopting a saving clause which would
amount IN lis effect To almost nuiiicatlon OF the
law II the words of that clause are susceptible OF
en- exposition which will give effect 20 the declared IN
tenon of the lawmakers. II j. tie dury of the Courts
10 put that construction upon them: they Will not give
10 them an Interpretation which must lead 20 papa
"be contradiction and cbsurdity, when they are 'us-
ceptibe consistently nh the rules az ly0t c01sfrtc-
/ tom OF meaning " IN harmony with the intention
" If the legislature. and cCn-onant with reason and
good discretion. /kcHt. r0i /, Lecf ~ Title "Rnes
"ot Interpretation, DC. j (-lH Iend -ll/
This latter result may be- attained by conslrung the
word kgnOr a. II stands IN the last clause 1t the rst
secCu m geHeric sense, and II was evidondy 30 un-
d,siCod by the legislature II means collected guam
titles or parcels OF the various kinds or quanes %
HquCr referring doubtless, 10 the condition in which
il j. imported INTO the country. This idea l. strongly
couohorated by the manner and connection M wlich
the same word Is used IN the I'D section. II l. there
provided that " this act shall not De cons rued 20 -
TO prevent the importer % foreign hquor nom Keep
" ing or selling tie same in me- OrigtnW pact0gtN.
! tbs exception, 30 specifically made, jdstiies the
| corolusOn that all other sales 81 imp0r'tt
LIQUOR are rrchibiod. If this not the
intention, II saes OF foreign liquors al RETAIL are
included Ia tie exec tion. why are they not named
with n oso of the importer m the I'D section Tue
answer can only be tlat the importer was specially
named IN tie I'D section, to define TIE meaning ana
extent of the exception contained in the Let eection.
IL. former section r. was inserted ONLY 10 declare
lie executions from the general scope OF the atuic;
il can serve other pur Ose m tie body Of TIE ao,
II mhibls tie sale and tie keeping ,Or sale oi all
Liquors that can intoNcate. making DO distinction
between tie inn ortcd and the domestic article for am
other pun o>e bv an other description % PERSONS
| than those specially mentioned In comparing these
two sections "A and - We must observe another rule
! OF LEGAL Interpretation. VIZ: " One part OF statute
must bc so construed by another that tie whole
"may If ross bic stand. (Biaeksf0Re, |Oi. IHlc,
" Lars OF ENGLAND; - Subject, " >fa,uies.') In
conn airing thcse two sections, "A and D. 70 u difficult
| 10 discover how they can stand "a harmony and iull
eject is given TO both If the last cause Of the first
section II as compie cnsiye IN NJ operation a. the
counsel of tie Cor Grafton supq0ses y to bet II au-
ncrizes the sale OF imported liquor without restriction
The IA section provides that nothing in the act shall
be construed prevent 'te importer ~ t0rega liquor
"from kecDng selling the same M the original pack
ages 10 GEuDersOH dHf0r -ed By thss act ~ sell sh
/ "iiquOrs." This language, necessNaie, prohibits
] o
even the importer from selling imported liquors other
wire than in the original packages for IL Is another
rule of Interpretation thar what i necessarily mp
ed in statute il o. much part OF the law, a. that
(which il EXPRESSED" Within the restriction contain
ed in this ID section therefore the importer only
eel in anbroken packages, and a. 10 other sales OF M
icxcang beverage, except those allowed 10 Dc made
BY the manufacturer are mentioned IN H. the result
| necessarily follows. that no others authorized,
either in paekage at retail by other persons.
The question Is thus presented, whether the 2d seq
ton and the last clause e The LIT stand together,
| and how thew may be interpreted to be- harmonious.
| II il rre of construction, that general terms
controlled b. restrictive words, especially II the
whole SCOPE of the statute Indicate that such the
intention Of the legislature and II the restrictive
can be given without dong violence 70 the gem
/ eral causes. The present happens TO be such ex
ample BY conhning the clause IN the hrst section 70
-ales made by inn orers in original package, harmony
l. attained between the LIT ana I'D sections snd be-
/ tween them and all other paTt- OF the statute
An argument in favor Oh the restricted construction
| OF this clause having no lit'lc force may be derived
| from its own context. The words are: This
section shall not apply to liquor, the nigh, b sell
VII ch, IN this State s gwen By any law treaty Of
! tie United States What liquor do the laws and
treae. Of tie United States gre the right TO sell in
this State To give right, imThes the possession Of
power the subject OF the gift. All the power OF
tie Government OF the United States, a. such,
sales IN Mis State, and consequently, all the night 70
sell which i confer il Incidental 10 its power
H. foreign Of tie country and the commerce
between tie states, and that Is restricted 20 sale,
made by the importer, and in te original package'.
| IL Wheaton, ReD.. 49, Z. ). Sup. COgrts.) The
General Government has no power over the internal
trade Of the STATE and give right AZ sale with
IN tie State. When the Legsature therefore adopted
the exception which have quoted, Il did with
ference the known laws the subject, and intended
only lace record tie evidence OF it, recognition
OF tha. law.
InasInuch then. "a the laws and treaties of the
United States can give the night to sell imported liquor