New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-11
IMPORTED LIQUOR.

IMPORTED LIQUOR.
unusual effort is Just row being made in
this and the adjoining cities to make all
Liquors retailed imported. The object is very
manifest. 1t is to bring them under the excep-
ton in the first section of the Prohibitory Law.
What then is fair construction of that sec
ton relating to imported Liquor! 1t is plain
that had not Counselor Dillon launched forth
that strange and unwarranted opinion, behind
which our valiant Mayor seems so ready to
hide it is doubtful whether the pitiful pretezt
now offered would ever have been discovered.
His construction not only does violence to the
whole scope Of the article, bat stulti6es the
Legislature.
The object OF. the Legislature was to pre-
event ntemperance, pauperlsm and crime,
and that, too, by restricting the sale of intoxl-
eating drinks to a degree beyond what former
legislation bad done. For that purpose the first
section contains a general sweeping prohibition
of the traffic. 1t begins BY saying "Intoxicat-
"ing liquor, except as hereinafter provided,
shall not be sold or kept for sale" This is
the general prohibition Now the man who sells
or keeps for sale must bring himself within the
exception. If he sells or keeps for sale prina
facie he is guilty; but that presumption may be
overcome by his showing that his act was within
one of the exceptions.
What are the excepted casesl One Of them,
and the one that is row being most shamefdlly
abused in New. York. is that relating to i'm
ported liquor. 1t reads thus; I" This section
shall not apply to liquor the right TO sell
(Which in this State is given by any law or
treaty of the United States" What is fair
common-sense construction of this clause
liquorseller turns out half a gill of brandy from
a decanter in his bar, sells it 20 a drinker and
pockets the pay. He is prosecuted. He pleads
the fright to sell which " Chat is that Particu-
lar glass of liquor under a law of Congress.
In such case the burden Of proof is on The
seller. He must show himself within the ex-
ception. But where is the law of Congress
which gives any one the right to sell that liquor
Is it urged that the right to import implies the
right to sell Agreed. But how aud under
what circumstances At retail BY the glass
All over the Statel By no means. The Su-
preme Court has settled that. They have de-
cided, and that is all the law there is on
this subject, that the right to sell was
restricted TO the importer, and that too
in the original packages. That the mo-
ment the packages are broken the article is
mixed with the mass Of property, and as such is
exclusively under State regulations This is the
highest law on the point. Now is the seller by
retail the real, genuine, Orignalimporterl Is
his decauter an original is gallon package ?
Has not the package been brokenl Ii never
before was it not broken when he poured it into
the glass; If was, then we challenge him or
bis lawyers to produce the act or treaty of the
United States which gives him the right to sell
that liquor in that state and condition and under
those circumstances. Let us have the law, aud
if he cannot produce it, why then the general
pr hibition cuts him down. Neither the opinion
Of Counselor Dillon nor the orders of the Mayor
will protect him.
We submit that this is the fair construction
Of the imported liquor clause There is no law
OF treaty that can be found giving fright to
"sell" liquor in this State at retail By the
glass.
The 22d section of the Prohibitory Law gives
the importer the right to sell in the original
packages to. licensed persons, clearly implying
that without such permission he could not
even sell to such. But the construction given
by Mr. Dillon allows to every retailer through
the State more power than even the importer
had under the United States or the State Law.
The true construction, on the other hand, makes
the intention of the Legislature, the decision of
the Supreme Court, the provisions of the 22d
section, and the very title of the act, all har-
monte toge Their.