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

AL policemen in his department to peri the duties
epjoined upon them BY the act.
F1n.-it is importsnt that the Mayor, in his i'rec,
against any nfracon Of that portion Of the law .nich
declares that first section Of the act Shall not ap
yen by any law or treaty the Untsd Satssn Nore Of
the psnaes Of the act apply to sucn liquors. and police
the vessels in which they sha be contained It becomes
important therefore, to inquire what liquors are al
lowed to be sold BY any law or treaty Of the United
The Supreme Court OF the United States in the case
Of Brown vs. The State Of Maryland, az Whs.ton, 4p)
gress to be imported continued to be part OF tbs for
egn commerce OF the country while 1t remained the
package or vessel in which il va. imported. THAT
the authority given to import a.. necessarily na,f
ported and that State either by direct assessment
or by requiring license from the importer before he
was permitted to SELL could impose any burden upon
him, upon the property imported, beyond wha. tho
laws Of Congress had itself imposed but taat when or
the mportsr and also when the commodity had passed
from his hands into the hands of purchaser IL ceased
to be import and became 70 rae ana tSs
sale regulated By the State, like any other property
1t is very clear therefore that the act Goes not apply
sell them will be observed, however that tne act
contains a general exemption OF "all liquors., the
right sell which is given by any law OF ths United
Now the laws of the United States allow all imported
states may, If they think proper forbid regulate
their sae after the articles have ben broken up from
their original packages and have entered into domestic
If this had simply declared thatt should
not apply to mpcred liquors after they had been broken
in bulk ami sold by the importers it would simply have
been prov son in rdance with the constitution
Of the United States. expounded by the Supreme
Court Of tie United States-t would have been merely
lawful exercise of the sovereignty Of the State but
it goes beyond such declaration, and provides that
i shall not apply to the ssls Of any liquors allowed
by the laws of the United States TO be sold, and
makes exception whether such liquors be In the ORR
gina packages of importation the hands Of the i'm
porter, subsequent purchasers II it had bean
tended limit the exception to the original PACKAGES
or to the Importer 1t would have so declared lhe
sons bY rbom or the times At which the ouors shall
be Sold but general in its terms and applies to all
liquors which may, at any time be sold by the laws of
lam therefore, of opinion that the police will not be
justified in attempting to enforce the penalties Of this
act against imported liquors. or their SALE by whomso
But upon the exemptions arising under the treaties of
have had time to examine them than have been
able yet to hestow.
As the penalties cannot be enforced until after the
fourth of July next no injury can result from the
SisthAs no parts of the act go into effect until the
fourth of July next except the ID, 25th and 26h
tions before referred to, 1T is important to inquire
whether penalties ATTACHED to the sales OF liquors
Offences committed the penalties provided
by tie act apply and not before And If the penalties
y s Ws Of sS
July next wholly unrestricted delicate and im
portant question arises whether this be the solution
OF which must depend upon close examination OF the
statutes on the subject
The sales Of liquors by retail never free withia
such Gales could be made without license The acts
Of 1901 1924 1928 and 1927 after providing for the
moee n which licenses may 20 Obtained, declare, IN ell
exceptions, without being licensed he shall be subject
to certain penalties The present act has abolished the
licenses mentioned in these sections OF the existing
laws such licenses cannot be granted obtain I'D
and the question is whether, BY acolshug the H.
cense the act has also abolished the prohibition
whether the prohibition remains in full force. rhe
present act has expressly repealed the existing
and all charters and parts Of charters WITH
this act, hereby repealed" Tbs existing laws pro-
hibt sales without lcenstths presen. law aboshes
the licepse, CT rather substitutes q modified and
sricsed license and imposes penalties for ito Violation
the continuance OF tbs prohibition necessarily incon
ssstent with the act?
nasmuch the violations of the existing laws are de-
csref TO be their belongs to
the criminal department. OF the government, and the
consideration of this question belongs tely to
the Mayor opinion upon the subject.
Sepenh-Ths Common Council, BY the authority Of the
for the Of the Cr,tou water and has therein
provided that bote porter houses taverns and groce-
rie5 shall be charged the extra rates.
general inciple tina. person eau recover at
law for work done services supplies
ingly in aid Of business undertaking illegal by sta
tute
1t does not follow, however that the occupations spe-
cited in the ordnance will be necessarily engaged
any business contravention of the statute Indeed
it be presumed that such portions Of their business
ed Water IL necessity Of lie and not used in such
establishments exclusively aid or the sale Of liquors.
No contract for the OF II could be avoided unless IL
clearly proved that it made by both parties
with the criminal intent to aid in unlawful trains.
No such intent would be entertained by could
be proved against the Corporation, and consider the
idea quite ehimefcai that any such defence 20
ton for the Of water could be sustained Respect
fully submitted ROBT. J. DILLON.
The opinion of the District Attorney, Mr.. Hall, was
also ordered to be printed with this.
FERRIES.
The resolution passed by the Board Of Councilman 10
postpone the sale of The of the Staten Island Hu
gate and Barclay street ferries, concuIred in.
The Board tbs adjourned TO Thursday.
BOARD OF COUNCILMEN.
ThiAoard met last night in the CITY Hall D. d. Como