New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-16

-. Hated by the repeal Of the oct Of 1872
would ee ln:na cider and other similar liquors nci
eh.Jed In the prohibitions OF .he heV,seu
n ssh e not the ofense now under conslaeIa..on
vtissnn = nv am wrong in this CONSTRUCTOR ana
IN ~ ~ ,sls il deemed TO create new onehse Oh
tos ao' ~ e,ai intoxicating or sprIiHous liquors oi
selnhs ,cs not seem TO me that II l. 50 inconsisem
WI ne rrovisions of title IN regard to me onels
s,"s,ed by that title az to operaie entirely 70 ~
purpOse Of the act OF ls5 was to enable the
80 N determine for themselves whether licenses 20
III ardent spirits in such towns should continue 70 %
Granted. II licenses were not allowed Wa e.. ~
Senty the intention Of the Legislature 70 PnnlsIt ~
90 y.;,bout license. Tie old law did that Dy iha.S
.eo-,sin acts of sale Ofenses. II the new ia" oi''
new ofiense of similar character II - no, So -
sstent with the former enactment a. 20 ;.,;o, IN
reueal Of H. and where there IA MOI ci' - ,ooiu
substitute one act for another Doth Aiu'' ~
tanned. -...;on Il, contra
This authority is decisive OF the q"eS,io" =.
,r,. = n s.no license" by the electors u
ta,,srount 10 repeal within the town. oithe Incense
-. In, the Court say the penal sections remain
...1s,od ar upsuspended and the sale Of liquor
s..;tSo,,g Ecease IS punishable he same as bJore.
W., Tho effect Of the vote Of No License was,
,hc renal sections IN the turns, the effect Of the re-
,eal nv the 25th section Of the Proibitory Law on
tbe anne sections is throughout ne Stafe. Botn
operated a repeal Of the power to grant licenses anu
Agsin. The Court in this case decided that even If
II ives wrong in the opinion that the 9Th section OF the
Act of ls45 did not create the ner oense Of selling Dy
retail info1icofiHg liquors oTrctnes without hceD.
nhe las, act being more general and broader IN rs
Terms than tho old sections OF the ltcNircd Sautsl
vet that the penalties provided in the 9h section were
not " so inconsistent with the provisions OF lI'ie ne
yaed Statuies ms 10 operate entirely TO repeal H.
Even IL new Ofenae had beou thus created Dy the
broader Specification OF the Term =, t"'olle"f.4g
Houoy used in the Act OF lef5, mr. Ac'
could have full operation on cider, metheglin
md other beverages not embraced IN the prohibition
srenied by the yfcd Statutes and the latter would
Temnn in force against such traffic rs wa originally
included within them The CouH says Nhere
Htbore Is not clear intention to substitute one &c
a. for another both must be maintained II Il clear
that the Legislature did not intend TO substitute th'
tenaltes Of the PrObibtory law for the old penalties
until the Attn Of next July because me former are no.
incentive until that time. Hence the repeal OF the old
Ieerees on the first day Of May leaving the old penal
sections in full force according to the authority cted
there are conflicting enactnenis IN the TWO statutes
on this subject; both may operate together hehcenses
.rovidcd by the new statute may be granted and sales
NAV be made in obedience 70 them, and the OLD pen
,Itics NAV at the same time be enforced against all
soles not allowed under the PrObibtory act until the
5th day OF July, when the new penalties VIII become
onerative and thus supersede the old ones.
will here remark that if il shall be ultimately de-
eidod that imported liquors are notncludcd IN the pro-
5;b;.o,v clauses of the statute and the statute
shall bc e1udoed constitutional can discover IN ITS
nrovsions no reason why the old penalties should not
continue to operate against sales OF sn6h h9uos IN
quantities less than five gallons Gji@ me N q JHly
with the effect es before that Day II sucn liquors
rc within the exception they stand IN respect to the
Excisc laws not repealed by the new statute as they
stood before its passage and the penalties Of the
latter operate only sales which are prohibited
thereby, and only such parts OF the Old law are
holshed by the new inconsistent with the pro-
visions of the latter the old penalties not being so IN
relation TO imported liquors may operate after the ith
of july against persons who sell such liquors in guam
titles less than five gallons. But do not anticipate
such a construction of the exception respecting i'm
ported liquors as will lead to so unexpected result
Yours kc L. 5. CAPRON.