New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-07

-, remain m force until tie fourth day OF July, ~hen
II G rev law suprlsnis the OLD one Eo-s NAV ~
Aasr Ire fourth of July, imported hquo's may oe
sold in the original casks or - Sn-rsr,
,Sor;yed 20 be thus sold by the decision OF ie
en-. Of the United States IN the liquor cases a'''N
in sth Towards Reports. -. ,;,.n
am aware that difercn; opinion mss ossH :;
nv Mr. Dillon of Newiork. lie thinks me 'i nm -.
n ;n,norted EGuors after the ith OF July Is ire 90
- r.rsou who chooses 70 embark IN the business.
In nv opiuor such construction OF me act ! az Nat
with al the rules of construction when nav ~;
sloye What was the law before the passase o. nj
sc, NhA; WIS the mischief against when n o-
- l;S rot nroyd, Was IL that the iruhc IA Hil"I
- zoo much restrained Was L that lntoA'eauon
wss rot sufficiently rife DID the L"sisn.u l
ouslv intend 20 encourage " Inter eranc',
r,d Crime p Is Il not perfectly PLAN tha' Tue M
chief in view Of the Legislature was the prVaiece y.
in,eur.rnrce IL II not equally PLAIN hat 'he TIM"
nronos.d by the Legislature was ihe snpp'ss'O" ~
HE tr; fic IN hcuor beverage Is II no, LINZ
riaiu that the duty OF the Courts and the puphc vu
i,r 50 10 execute the law as 20 suppress the lsehei
and advance the remedy ..,.. 3;
m lanrxnre of the exception in the rst section Is
a. follows, This section shall not Apply 10 liquor
he right 10 sell which m Ills State Is gwen y! 0"'
law or treaty ofthc United SAFES.
S.orch will be made IN vain for any law OF Congress
81, mo m terms right to sell imported hqnor IN tis
stale II laid the night 10 ul on NM ne me
sell. Il j. nay rot he universally nue. Ou' no" = 90.
.sl. In be made by tie importer Jndtr me law 81
Corcress or under the state law There mas hereto
fore been 10 conflict OF laws ON that POINT uhh '.c
ca,es OF sth Howard came mp Tor adJHdoaiiol. ~
ii e.e cases Il was decided that the importers ni-"' -"
in N Q original casks and packages; but after me I'M
nor, vos btoken up tie liquor was the subject OF Inc
internal commerce OF the STATE, which = entiI,y uuue'
STATE coutol and that tie state might rOsc9S te az
terua trlf IN liquor. n such be It's poicN' Inc col-
.r.r gcc.rire would destroy tire iaCcpendence OF TIE
states and make them mere corporations, subject 10
tie control OF Congress. pom every rule oi cons'Ide
ton as wei, as common sense this right To sell es'Ho
h,htd by the highest Court ma Tie uhed c,aiV,' +
" he r9lf 10 sc referred 10 IN this secti0n II tlelo
co,i = any 5osbt about IT, tlal doubt would be r.
II owed by tie language OF the I'd section wheie hluo,
IN me- 0Tgtnai package Is authorized 10 DC Keep """
sold. A.,
ders:ood ~ Mr.. DlOu; he uses the express on a"
L0uOrs in ia : and with nVcr Il commas as +"
such was tie Ian guage OF tie act; and asau' "Hy
liquors. Tie language Of Tie act '"g"0L' %. - =.
"I1 sell uhich. Now, Is there amy nqH0r, re 'is~ -
seH rhioh belongs 10 the imp rr ILere Is SUI"
liquor, and that ]. liquor IN tie einal casks Yr pa, A.
aces Can there be a e. ub tlCptvre, az T. Wnal was
q int,niicu of the Leg stature
Mr. Dillon IDENTIFY ri udat's NJ h"u 'o"s''"-
ton IL he Iel ealing clause. ,-..
III Han stHtms that there can be no prob .iton
viii cut lcoi se-wheccs pro- .bon Is tie RUE ana
Ec,ise "a tie exception. Were there no p1-itNe pr
i,iitor every license law would be rob biicTy law;
30 d,cA,d by tie supreme Cur 90 ihc I"ea >'n'S;
"A ho ever heard 81 sense o. I'D what everybody had
araht H. dOi | have nos tie rccuaiols % th' ! y
n \,w-l 1rk before ne. bat they mus be an acc u
auce with the statutes VI le State, and not rspughHn1
tAcietO.
NE fist of Nav has arrived. Let US see how we
stand sec - is now the law Of The state. No IL
c,sc can be granted except under The new law the
license clause of which l. also the law OF the Stttc.
The hcyised Statutes wiki the license clause stricken
out remain In force until the 18th OF july next Inc
section above quoted will read rs follows, AMI Is now
in olco. Nv hoover shall sell ANY strong or spfiiuous
liquor, or any wines IN any quantity les than hNe
"ealons az a tmc shall Oieii twenty hyc dollars
The only mode OF selling liquor by retail ana AVOID
ing this penalty is hy taking license under the second
section Of the lruhilitory law. now in force.
In short, the Excise Law of the State from The l-t
of MAY until the iii OF July, consists of the Revised
Statues with the old license abolished and the new
substituted
On The Fourth of july I'll acts or parts of acts ncon
sisont with the new law are repealed. The prohbitory
paris Of the Revised Statutes are not inconsistent with
the new law and are, therefore, notrepoaled in ternIs
bu The penal paris OF the law will probably super
scne hose 81 lie Old law.
With respect "a the duties of Mayor, do not per-
coiyc anything specific bu his duty under the Char
ter, is Ito that the laws OF the State aud ordi-
"nauc,s Of the City arr ui hiuy executed therein.
Mr.. HILL OF Albany, has written a very elaborate
oI miou on tie search and seizure clauses IL u not
NV intention 10 discuss az present, M all, any OF ue
tc .os discussed by him. lus far lie mas not sad
al wiling uIon tie onts which have been consider
iug nor Aus lie questioned tie power OF tie Lciisla-
tuie to enact a ProhIbiory Law; nor has he SATISFIED
ne that search aud seizure II unconstitutional have
couhLed my rCmarks 10 such subjects as more mi
modiacly concern the duties Of the Mayor and officers
OF tie Cry at the Irsent time. joH' SAVAGE.
Nay !, lt~l