The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-09

extent, upon Live Oak GEORGE"
The Liquor Campaign.
Mr.. Gerard's opinion on the Prohibitory Lii
quor law, which we publish elsewhere, win be
read with the respect due to the character and
learning of its author. Mr.. Gerard is positive
that the law is unconstitutional, null and void,
and that no legal consequences can flow from
it. Thus another great lawyer is added to the
already formidable list OF antiprohibitory
counsel: list now numbering nine of the first
names at the bar of this State, including Messrs
Hill, Dillon and Hall. No two of these gentle
men, as we believe, have argued the nullity of
the act on the same grounds and 1t is safe to
assume that, when the law comes to be tested
by the courts, grounds of objection will not be
wanting. On the other hand the Carson peo-
pie have published the opinions of ex-Chief
Justice Savage and Mr.. Capron in favor of the
constitutionality and soundness of the law
Their opinions are entitled to weight, and it is
reasonable to suppose that they will in course
of time be followed by others, equally pointed
in their approval OF the legislative act, and de-
serving OF careful consideration. The more
the better. The war has begun; and the more
fercely it is waged, the more minds that are
brought to bear, and the keener the analysis to
which the law is subjected, the more whole
some will be the conclusion reached in the end.
In the meantime the Carson League meet to-
night to organize system Of espionage or de-
tective police for the purpose Of enforcing the
law. Incredible exertions have been made to
spread the organization throughout the State;
and in the country parts they have been attend
ed with some success. 1t is natural to suppose
that money will not be wanting to realize their
schemes. The party is known to be wealthy.
But the temperance police will not be aided
much by the law, because there are no penal
ties for the benefit of the informer.
To meet these movements, the liquor dealers
will need to put forth all their energy and to
act with concert and decision. They are pre-
pared, as we understand, to pursue their bust
ness after the 4th Of July just as if no law had
been passed. Fortified by the opinions or the
counsel we have named, they are prepared to
resist from the beginning all attempt of what
soever nature or coming from whatsoever
source to impose on them or on their trade
penalties Inconsistent with the law of the land
and the rights Of the citizen. II any choose to
take the responsibility OF executing or attempt
ing to execute the Prohibitory law, let them do
SO: on them will the duty rest Of proving that
law to be sound. For If it be not-and there is
good reason for believing that the Court of Ap-
those who trespassed upon their neighbours
property and molested his business must
answer for the offence criminally as well as
civily. A few weeks imprisonment would be
Q very fit punishment for the magistrate or
policeman-years would be too short for the
spy-who undertook to serve their party by
executing a bad law: and though there might
be cases in which the retribution would seem
to involve hardship, the precedent would on
the whole be good one, and would serve as a
fine warning to future Legislators not to inter-
fere with the civil and personal liberties of the
people Of New York.
The contest is passing the bounds Of a local
question. It is becoming cosmopolitan. Free
men throughout the world are on the watch to
see how New York will act, and whether it be
true, as monarchists so constantly allege, that
democracies are after all the most tyrannical of
tyrants. If this law is enforced, and the Car.
son League with its machinery of spies, and In
formers, ruin the liquor dealers and prohibit
the sale Of spirits or wine in this State the less
we talk about foreign despotisms the better.
There Is no despotism on the face Of the earth
in which the ruling class prescribes for the
ruled what they shall eat and what they shall
drink.
The ALBANY ARGUS ON THE NEWSPAPER
pp..oa ILL., All,a..z d.s..a l. o~at;tloS A., 4,o