The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-19
Mayors Office.
OPINION OF THE DISTRICT ArT0RNEY ON TEE NEW
LIQUOR Law.

Mayors Office.
OPINION OP THE DIsTRicf ArT0RNEY ON TEE NEW
LIQU0R Law.
MAYOR WOOD TO raE DISTRICT ATTORNEY
NEW YoRK, April 16 1855
crir al regulations affecting the sale liquor in this
city after the first OF May ensuing. and until the opera
quired 10 enforce them At the same time please reply
what win be the law governing the Sunday liquor traffic
0n' july 1850 Very respectfully HSsS y0aSs WON
A. oAKlr HALL Esq, District Attorney.
THE DISTRICT ATTORNEY TO MAYOR WOOD
Cry COUNTY OF NEW YORK
DISTRICT ATTORNEYS OFncE, April Is 1855.
Ny DEAR sIRIn answer 10 your inq aries In note OF
yes.sydsy have the honor to state
The excise provisions OF the stautss never ap
pied 70 New York city (see section 90 Of tit Q, 20,
pert Chartered privileges substantially regulated
sts,utes Of 1924 s2b and 1888 provided excse resuis
tons and penalties (Hofmsn's Treatise Powers OF
euar Beard Of Excise was essaSshsd to civ. csuss.
for sale o. liquor. They who not !" licensed as
aforesaid" or according to the provisions Of the act
hereby amended" and who sold in defiance of that act
were liable 20 penalty and indictment. The act 1888
p l4 gave to corporation ordinances which regulated
licenses, etc the effect OF statutes their in
fraction 10 the grade OF niscemeanors.
In the absence Of prohibition, license system,
with penalties attached the sale OF liquor is free It Is
the necessity for the license, coupled with the ability
chooses obtain license which creates excise
oiencea Selling iqucran act lawful in itselt-becoes
unlawful when It transacted contrary prescribed
fcms and regulations and in the face Of declared penal
ties OF the local Board of Excise.
Section 2a of the act (which section is now in
force) provides to se lqaor except a.
herein provided shall hereafter be granted There Is
prescribed mode OF censs this exception until
May 1st (eveD If be admitted that tho permit OF sec
tion is crnse,) when the section I'd into effect
These two sections will constitute excise law until
July when the entire prohibtory law becomes opera
tive rhe penalties attached TO Selling without permit
OF fecton are embraced by sections and not to be
force until July The penalties our late excise laws
attach to the neglect to take out the old license
be applied place Of the suspended penalties OF the new
act waa perhaps, an omission in the Legislature,
when founding new lioense to give no immediate Pc
nay. suppose the confusion defect hare arisen
through the change from the original reading of secon
2sth, (Which gave the act effect May !, and placed
license and penalties in concurrent operation)
present reading which throws the pronbition pe
nay sections necessary to give vitality to section INTO
penalty under the State law but only as it affected the
local excises Of New York city.
You may well conceive that naked abrogation Of
plot licenses ferry licenses, pedlar licenses, etc. etc.,
without substitution of ones, or, II substituting
new ones, in wise aiding them BY penalty. would
have the effect to make those privileges free BY the
common law they before license regulated them.
am OF opinion that the law will stand from May
new ones permitted upon the old system to which the
late pans and penalties attached these latter de-
prohibition against selling untl this date are
The new and suitable penalties to be in force The
The ordinances Of the Common Council operate upon
the theory that the local licenses be granted They
are incompatible With the new legislative provisions,
'. Nichols, 4 Hill, 209.)
Upon Sunday, the State law, which applies to New
York city prohibits the retail and sale OF liquor that
DAY. penalty given. But this matter exclusively
for the cosnzancs Of the Corporation Attorney. The
ordinance regarding Sunday traffic Is so paraby
connected with the license provisions now null and OF
no effect that it Is imperative.
The nussncs clause, although said to take effect i'm
medstey, is not operative until July a. because not
until then Will the keeping of liquor be in conaventoR
Of that Or Of any other act
With great respect, your obedient servant.
To HIS HONOR, THE MAYOR. A.. OAKEH HALL.
MAJOR WOOD AND THE CRoroN-DRINXs FOR THE
MILLION.
The hitter given below has been addressed to Mayor
Wood by citizen of New York, showing the benefit
that would be conferred the munity by providing
every hydrant in the city with cup:--
NASSAU STREET. April H. 1855
To the Honorable the Mayor Of New York.
this S
aotha j.. BY providing with water
sSs ss,; ssS; '$s.; :;
day and cannot quench with Tho
ali in power to have cups Syd1ans IN
se Ia 10 dpns S yom viii infer upon the e.
boons that man can have. CITIZEN.
SHORT WEIGHTS.
We publish in to days HERALD a communication from
Mr. John Hastead regarding the charge brought against
him by policeman vermlyea, for selling with short
weights, which seems to be plain, unvarnished state
msnt Of the whole transaction The Mayor should be-
immediate attention ON such matters Partier, ii
inr ocent, suffer by delay.
DR.. Downs, No. 108 Grand street who II was stated
in the papers some time ago. had broken his leg,
not so injured
The New Liquor Law-Iss Defocts-Its Dn-
f0rcement.
From the Albany Atlas, April III
This section :h. not apply to quC. the sht to ss
United s.stss~Ness York. Maine Easc y '''-'
laws and treaties Of the United States extends all .hs
merchsrdise of foreign States with whom have tses
Mav nd Whaafo AZ Juatir MAJ aIau
held oat the right to sell incidental to the right to
import that the right import would be nugasoFy
and void If the importer had nob right to sell his
The rights Of the foreign merchaat are no longop
the general government, however; when having once
been sold these goods have entered into the general pro-
: After the rst sale out Of the hands of the importer
they be met by tax laws and license lave aud regu
larors such the States may choose to impose the
trainers Of the Temperance bill had been silent In regard
to this particular exception, it would sti havo. been
operative of ITSELF by the fSrce-o superior judicial
zion for it, they excepted not The sales authorised by
the United States laws and treaties, but the al
loweo to be sold. all the liquors allowed 10 be i'm
ported and thr exemption being placed on the article
goes with it, n all its forms.
This defect which arises out Of the of
language may be remedied BY its correction bus there
other excePonabe features in the recently passed
law inseparabe, perhaps from prohibitory system.
The. Commissioners OF Emigration.
meeting OF the board held yesterday, present
verpauck QChairman) Carrisan, Kelly, Purdy, Schwab
KENNEDY ana Crabtree.
After the minutes read, Commissioner CaABrRxE
made q statement with reference the emigrant
bill recently passed through the legislature By the ef
ferts Of tie Ten Governors. 1t appaars tho Commits
sorers are now compelled to support all foreigners who
have been in the country for eso than Ave years,
whether they arrived at this port or not The claim Of
the Ce nnssioners OF the Ten Gosernors for naive
chl6fs born OF foreie parents Wards Island, was
net nj oveo by this bill Senator Whit7sy delivered
hinsen Of speech this subject, In which he denied
that these children Americas citizens until they
vero twenty years Of age NJ. Crabtree did all he
could have Justice done the commission but the Ten
Governors who excellent srms with the iegsa-
ture Stree The jaie f,olic outiobtasd him.
Commissioner KENNEDY offered the following resoln-
tor, which referred to tns Comnsss;ee on Marine
Hos aifal.--