New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-11
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Carlos, r. Laufencs Co., Rep. q, is,j.
Tho General Term Of ths buprems Court Of
The routth District has iast closed lie session
u,.seu, Justices T.. l. Alien. Jamcs and Bockss.
Inc Term hns been a very Interesting one In many
,e,ueets and more particularly 10 consequence OF
there beipe before the Court under the
" Maine law" and involving especially the con
,ttptionalty of tho principle Of A" Prohibition" na
we'll M the general provisions Of orr law 10 pre-
vent Internperoncc, Panpcrisin and Crime
Gen +. r. Ballard OF Snrntogh, IN an argument
clear forcbo and convincing, discussed the whole
o,ipciple reviewing In n mastery manner the
pnpiopa Of Justice Brown OF the Second District,
and others who have pronounced against the con
additionally Of Prohibition; maintaining that
sucb opipions were directly conflicting with well
ediudicated decisions, both in this ana other
states and that careful examination OF all
the points involved and the application oil welles'
tablished principles Of Law, must convince every
uppreiudiced mind that Prohibition Is not oniy
constitutional but in accordance with the ianda,
mental rules of jurisprudence, an incident OF civil
coyernment and great bulwark of civilized socie-
IL The Hon c. Is. Cochrane OF schenectady gave
the closing argument and eloquently and logically
reviewed the general principles of the law, NAM
tanning that nation had the right to prohiou the
imuortatiOn or sale of any article which had ten
dency TO iniure or corrupt It's people, ana that
Stat, had the same right 10 prODlDlt anOng lls CIV
liens the sale Of an article the legitimate result OF
which was to demorolize, eneryate and destroy
ard finally induce misery, wretchedness and crime
He insisted that the same principle which gave the
LEGISLATURE the right to delegate its power to
Board Of Excise under the old law, thus prohibit
ing at the discretion of the Board the traffic in III
toxicatipc drinks in q town, would give the Legls-
lsture the right to prohibit the traffic in the State
and that power could not be delegated to a crea-
ture of the Legislature which the Legislature did
not itself possess It's impossible to do justice to
the eloquent advocates in an article which cannot
repOrt fully their ACKNOWLEDGEMENTS TOO, when
had additional force from the fact that they were
on the side of Justice, morality and humanity.
The Court made no intmation OF what would
be the decision in these cases, yet they will doubt
less give the questions presented careful and
thorough examination, uDbiasedby any eXtraneous
influences and fearless Of public censure and that
their conclusions will give full satisfaction to the
most ardent friends of Prohibition there can be no
doubt Though there may be incOngrulties IN the
law though { le structure, as whole, may yet De
improper still, the basis upon which 1t rests-the
fouIoaton will remain unbr0ken by the shafts oil
tLe,ntmy, uDsca'hed BY the fires directed against
it by tie thousand hireliDg expOunders, and self
constituted guardians of the imaginary. rights OF
the kumseer
You will find, Sir, that the people of Old
st Lawrence will give such a vote this Fall
in favor of the Maine Law, that it will be an
everlasting rebuke TO all demagogues who would
endeavor to raise themselves by trampling IN the
dust the dearest interests Of the people.
God speed the right Yours uuy. W. d. o.