The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-10

more or less, but geneI8liy not over Indt Vi INC
Journal Of Commerce.
The other daily journals of New York have
no original character or power over the public
mind. They are merely auxiliary to the
others named, and their various calculations are
as variable as their weather, and might well be
included in the next meteorological bulletin OF
the renowned T. Merriam.
Pescesble Modification or the Pr0hIbitOry
Law.
The prohibitory law will have been in force
a week tomorrow. 1t is we'll to state the fact
for there is nothing in this or the other large
cities of the State to call it to the notice of the
public. In this city no attempt has been made
toenforce it against liquor dealers. 1t is under
stood that the authorities, or a majority Of
them, concur in the opinion that the law does
not affect foreign liquors and it appears to be
defective in go many particulars, that it has be-
come practically nullity as regards domestic
spirits as well. The Justices are not agreed on
the extent of the nullity bat they are agreed
sufficiently to render it certain that the statute
will not be enforced. At Albany, the Mayor
has nullifed it, by directing the police to per-
form the duties for which they were appointed,
in preference to those eDjoined upon them by
the prohibitory statute At Troy, liquor is sold
as usual, without molestation. The same is
true Of Buffalo. AT Saratoga, and in Brooklyn,
attempts are being made to enforce the law
against liquor dealers, and actions have been
instituted while Rochester, Syracuse, Science
tady and several small towns, have deferred
to the law by closing the bars and liquor stores.
At the same time, arrests for drunkenness
are being made in almost every place men,
toned, under the prohibitory statute. The
person found drunk is required to state where
he obtained the liquor, which he never does, Of
course whereupon, in accordance with the
statute, he is fined ten dollars or in default is
committed to prison for ten days.
Such is the effect OF a weeks working Of the
new law. It is obvious that time will weaken
instead Of strengthening its provisions, and that
it is far more likely to be nulhfed in Brooklyn
than enforced in New York. for the whole
public sympathies are with the liquor dealers.
Every individual has brought their case home to
himself, and after selfinquiry has turned out
fierce opponent Of the law, though possibly
friend Of temperance. 1t appears so arbitrary
to take away mans livelihood because few
of his fellow.citlzens misbehave themselves,
that the really good points in the anti. liquor
argument are lost sight Of, and even drunken
ness appears a less evil than such an inter.
ference with individual liberty. Had prose-
cutions been instituted against the principal
liquor dealers in this city, it would in the first
place have been wholly impossible to find
jury out Of the Carson league to convict them;
and, secondly, had the least pretext been Of
tered, riot would infallibly have accompanied
the law would have been brutally, perhaps
blocdily, brought to nothing. We have reason
to congratulate ourselves that the good sense
of the public, the discretion of the city author
tiles and the firm attitude of the class assaied,
have preserved us from a danger which was
none the less formidable because it was fore
seen.
It is to he hoped that the temperance men
will take q lesson from the past weeks expert
ence. There are no features in the law that is
nullifed which could be omitted in any future
prohibitory law. A law might be made, it is
true-such as the Lieutenant Governor pines
after-which would be prohibitory without pro-
hibiting; but if any serious measure is to be
framed to prevent the sale OF liquor, it must be
as offensive and as open to objections as the law
now on the statute book. It might be more OBJ
jectionable, as the one vetoed by Gov. Sey-
mour was; it could no. be less co. It would be
impossible to embody the principle of prohibi-
ton in legislative act less calculated to pro-
woke opposition than the present one. 1t is for
the temperance party to take the hint.
1t seems more than likely that the working
Of the law will furnish abundant evidence of the
truth Of o proposition often made in these
columns; namely, that strict license laws, and
sharp penalties against public drunkenness, will
answer all the useful purpose that could be
gained by prohibitory statute. The evil we
have now to dread is the absence of licenses,
which in the course Of few weeks will give US
ten drinking shops where we have one now.
This will of itself draw attention to the point
where remedy can be successfully applied
to the license system. No solid objection would
be made to asstatute which restricted the num-
Der Of licenses, and required higher qualidca-
lions than heretofore from applicants; nor would
any one object if the seller Of liquor were pun
ished when persons got drunk on his premises
1t would likewise be easy and proper to put an
end to the sale Of adulterated liquors, by en-
ploying public officers, as is done in France, to
60 round at stated intervals, without notice.
and'taste or test the liquors sold; the penalty
for selling adulterated stuff being perpetual
revocation Of the license, and a fine as WELL
Finally, it seems quite right and proper tina.
every drunken person found Ia the streets
should be apprehended and fined. Drunkenness
in public is unquestionably moral and civil
offence, OF which the law can and ought to take
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