New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-13
JUDGE WOOLWORTFS OPINION ON
THE PROHIBITORY LIQUOR Law.
From The Syracuse Joursal. Sept 1;

From The Syracuse Joursdl Sept II
Judge WoOlworth at the opening OF the Coung
Court for this County, on Moaday morning, In hs
charge 10 the Jury, gave The following Opinions IN 10
gard to the ProbibiOy Liquor Law
Another subject ~ Which ne arg ~quuec % g.
our Legislature for the prevention Of 'Inempcrsocd
Paup.r I'm and Crime The subject Of THE law he's
crea much feeling and excitement Ia the community,
and has eliet the opinion from some OF the ablost
.eLut OF the leg profession n our State and d.
eisions from several Judicial officers bu' regret to
say tha VT are now Almost as much n the dark ~ To
arriving at a correct int rp citation OF the Law from
thee opinions as we were before ney were pronouooGo;
they iifeing essentially upon almost every Question
AT issue ana even here ou Judiciary have decided
questions rssed in their own Courts 10 two OF then
could sgree precise upon any ole point 30 that tneir
dec,sions are certainly not entitled TO that credit whioh
tL.y would be were they unanimous 10 opinion upon
the main features Of the law. And although respect
should be paid by inferior Courts TO the decisions o.
their superors stl we do not conceive that the decs
ion of n Supreme Court remote from US and IN drs-
,rict 10 which we are not smenaba and differing them
selves ON almost every question: Is 81 tar conclusive
upon us as to forbid expression Of our opinion upon
the law.
lie. raised and arg ued with much force This ques-
ton, however Gentlemen, Is one 10 be decided Add
settled by the COurts aud with which you have moth
ing 10 co. You the ors nators Of all criminal pro-
c.edipps Which cap be tried by this Court, and yoar
proceedings icing conducted within your own room
excluded from the public and those particularly In
teesed in the subject matter, and not being .ueecs
to review by any appellate JURISDICTION might Do pro-
due i've of very Injurious consequences were YOU 70 as-
sumo Fuch power.
at has also been strongly urged that the applics
ton of Il is Law does not extend to The sale OF imported
liouoys The UDiied Sta CO have IMPOSED tarih
u, on imported liGuors in casks containing DOT less
than l6 gallons and by the payment OF the du'ies tho
inI oir LocOmts ersed OF the legal utle 10 tho
quor, and tie supreme Court OF inc Onited oeaes
have !, cided that TIE Importer upon the payment Of
sucb dues acquires the right to sell the same In tho
ORR al and that the Sate Legislature have
10 authority to impose an edd'tiouai dn'y upon us
sale The claim 10 this exemption IS tounded upon sns
last clause of the first section Of tho Get, which roads
"Tbis Sc elton shall not apply to liquor the right 70
sell which in this State Ia given by any law or treaty
Of he United States"
that after the package cssk bss passed from tae
bs "a of the importer it becomes subject 10 tho laws
Al rpuarops of the State Legislatures and a. tnero
IL act Of Congress or treaty which gives the lgoo
the importer to cell the liquor 80 imported and - the
do esion is made upon the ground that when Coagresc
gives the Ie BIT 10 import upon certain conduons may
on comulying with those c0pditous right 10 SEA 10
implied Thus being he case The seG Sss ud Shst
any poron Of law IL smbieuO the whole act should
be ad in order to arrive possible, at the intentonof
The Legislature in framing H. Nov we are all aware
that The object Of the Legislature IN framing tns law
wss 10 suppress intempsIlce, and they would not
have beep fjkely having that object IN view, to say
that all in ported lquo-s should be exemged from its
oDeraton; this would be absurd: and DID they noe
intend TO saw that this section should not apply
10 he sale of quo tho right TO cell wsich was 40
auired by the act OF importation IL appears to US
clearly that they did and that therefore Imported
liquors are not exemr from the operation OF tins set.
1iIt NAV be doubled, however whether, as the mat
ter now stapos with no definite decision on the ques-
tons which are 80 strongly u'Bed against tho lag
ss il were on the sea of uncu ainsy, scarcely with
rudder or compass govern Tit would be advise
lilo Tor the friends the ueas are o. this time 10 prees
he prosecu,ion OF a large number Of complaints ncur
LARGE amount os expense ard the rsk In the end
of being defeated or Whether would not be better 70
bring the mattsz fairly ard without any extrsneous
matter before the Corri o-Snels indictment, thst
the dec,on Of he Court Of Appeals could DO obtained
ss promptly possible in Mcsr that re should have
the necessary 5nA adudit sons. and then be enabled
10 act adyissdly in the natter. L. however, com
plants are n sds before ylur body, you required
10 hear and eaiudcae them, and with your decision
the parties is,eres,ed must be satisfied