The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-24

and the other advocates Of the Prohibitory Li-
quor law to prepare star chamber machinery
to carry it into effect. Neither money nor
men will be wanting to enforce its most rigor-
GUS construction; and some OF the more san
guine are confident that they will succeed in
battling the constitutional and legal objections
which are likely to be raised by the liquor
interest and the opponents of sumptuary laws
generally.
In the meantime, it is quite clear from the
published opinion of District Attorney Hall
that the first effect of the law is to prevent the
issuing OF liquor licenses after the LIST of May.
After that day, therefore, any one may sell
liquor without let or hindrance. The public
will have no guarantee against the erection of
drinking booths at every corner, or the con-
version Of half the stores in the poorer wards
of the city into dramshops, where the power Of
the police is likely to be pretty thoroughly
tested. A pleasant prospect, truly, and one
for which every one should be duly thankful
to the prohibitionists and their newspaper
organs in this city!
But this is only the first anomaly. From
the opinion of the other great legal guide Of
the municipal authority, Robert J. Dillon,
which will be found elsewhere, IL would appear
that the Prohibitory law cannot affect the sale
of liquors grown or produced abroad. Mr..
Dillon considers that the treaties in force be-
tween the United States aud foreign wine and
spirit producing countries are wholly inesn-
sissent with State law excluding ee-whas is
tsntamount TO exelGains-soraiddng the sale
of foreign wines and liquors, and saaa there
fore the latter. being unconstitutional, Us aiA
and void.
The Cooperation Counsel Is good authority :
u,ess men viii aioes bis view o. point Of law
without reasoning, asd viii seqsissce in the
notification Of the Liqrcs law. But, whatever
the public may think, he is clearly the guide Ct
the municipal authorities, the Mayor and tie
police When, therefore, he gives it as ms den
berate opinion that the law cannot be construed
so as to prevent the sale Of foreign liquors or
wines, the Mayor and police viii Of course
abide by his decision, and decline to proceed
against parties selling them. This exception
will, indeed, nullify the whole law. As it is,
most of our domestic liquors are sold as TO
reign: the fraud will be urged with double
care, when foreign title becomes SO valuable
o passport.
1t may be question whether under the 22d
section Of the act permission is not given to
"tbe manufacturer of alcohol or Of pure wine
from grapes grown by him to keep or to sell
such alcohol or wine" The restricting clause
which follows appears rather to apply to the
foreign liquors than to domestic produce. o..
viously, from the words of the sentence, the
manufacture of wine was contemplated; it was
even judiciously advised that it be pure; why
make it, if it, cannot be soldf
Thus far, according to the highest legal au-
thority, the act appears to make no change in
the state of things. But it does make one
change, and that is most vital one. 1t takes
away the power of granting licenses After
the 4th Of July, as well as after the LIST of May,
the best opinion is that no licenses can be
granted, and that any one can sell liquor who
chooses.
To sum up, therefore, the net result of this
Prohibitory Liquor law, about which virtuous
men have preached SO long and so screechily,
it amounts simply to this: before it passed, only
certain persons selected and approved by com.
petent authority and responsible for their good
behavior, were allowed to cell liquor: when
it comes into force. every rascal will be free to
sell any liquor to any one he pleases, without
responsibility of any kind. The public have
reason to be much obliged to Governor Clark
the Lieutenant Governor, and the two news
papers which have brought this about.
One word more. The obvious prospect is,
that when, so to speak, the foodgates of rum
| are opened, and all restraint or licenses abo-
lished, the city will present spectacle Of indie.
scribable drunkenness, vice, and degradation
We call upon the people of New York to say
/ this shall not be. The people Of Canandaigus
ard Auburn have decided that this city cannot
keep sober without law to make it so. We
call upon the men of New York to give them
the lie, and to show them that when, through
their folly, fanaticism and ignorance combioed
this city was left without law and without
restraint of any kind, it had sufficient self
control and selfrespect to furnish startling
and conclusive argument against the necessity
for Prohibitory law.
ABOUT THE ACADEMY AND THE RECENT
Row. Onr amisble contemporaries Of the
Tribune concern appear to be very much In
want of Brandreth's pills, or some medical ape
rient Of even q more powerful character. II
seems they wanted to control the management
of the Academy of Music, and to dictate what
compositions, what operas, what oratorios
should be performed at that establishment
Finding, however, that the management con-
trolled and directed their own affairs, aud con-
sidered themselves the best judges of their own
business, the editorial corps Of the Tribune
fall out with them, and apply all sorts of bad
epithets, not only to the managers and the
ara;aaaa hut narfinularlu To aur hunhla aolf