New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-25
EXPOuRDING THE LAW.

mill Tbese gentlemen, being gifted with extra.
ordinary profud,y. have discovered ths' this
statute, witch people OF less sense taao the n.
selves devised and ibnoctD ply intended to restrict
and destroy t6e traffic in intoxicating dIinss, Ia
really law which opens the businefs of 'un
selling 10 all TIE void, or that portion Of it lying
within the State of New York to an unlimited
extent According to Mr.. Halls Interpretation,
everybody msy cell liquor unrestrictedIy, between
the fret Of My and the 4th of July; and accord
ipe to Mr. DilcB, everybody may sell thereafter
Ttus the preediest Ium dealer could not possibly
desire ireer swing in the liqaor traffic than is
given by these two official lawyers. We trust
the exposition Of the gentlemen is eminently sat
i,fctory to the liquor men, and that they are foil
il the faith that Messrs Hal and billions doc
triIes will be sustained by the Courts. They
may as well take consolation while they Can.
But let us see whether we are likely to have
general BachanslaI jubilee for two months from
the LIST of May to the 4th Of July. Mr.. Oakley
Hall says:
I'm the ab.enc. o. Prohibition or Of lieen.sy.t.m with
r the license coupled with the ability one chooses
oYoysp sc ia sfai in isef- becomes unlawful when it
contry prescribed forms and regulations and
in the Of declared penalties of the local Board Of FL
cie J."
We have already suggested our dissent from
this opinion, and beg leave here to repeat the
same. Mr. Hall seems to misapprehend the en-
tire scope and purpose of the excise laws. The
truth is that, in the absence of Prohibition so
far from being free the sale of liquor especially
the indlscrlDinate ssle of it as beverage, Is
On oHepse against and indictable at common
law. The design of the Excise Laws is, not the
limiting and restraining what was otherwise Ia y
full, but the regulating and permitting that which
wss before unlawful. These laws were never
nttIded to prohibit, but to allow, under certain
regulations, the sale Of intoxicating liquors. II
remaioed for the Prohibitory doctrine which
rested in the princi ,les OF the common law, to
be brought out, vindic.ted and put into more
authoritative shape by its Incorporation, as In
several Of the States, in the form Of express leg
islative epsc,nents, popularity known as the
Maine Law Nothing can be more obvious than
what will be the true position Of things from the
1st of May TO the 4th Of July. BY section %, No
new licenses are to be granted after May. Ths2d
section prescribing the MODE by which one intsnd-
ing to sell can entitle himself to do go or after
tie 4ih Of July, also takes effect on the Ash OF
May The rest Of the provisions do not take
feet ill the 4th Of July. According to this the
person who Intends to keep and sell liquor, may,
on or after the lst Of May fIe his undertaking
and oath in the manner pointed out 10 the said
second ,ec.ion. He will then be in a situation,
on ard after the 4th Of July, the period desig
mated for the whole law to operate, to keep and
sell for the purpose named in the act THE acs
does not repeal line of the old Excise Law oil
the State, till after the Ash Of JAY, excepting the
DOW er Of local Boards to grant licences; afer
that date. al acts and paris Of acts inconsistent
with are repealed. 1t plain to be seen, there
fore. that, from the first of May till the 4sh Of
July. the ex stirg Excise Lsw-except the power
to demonstrating ira penalties, remains in full
force. or course, he who, without license, shall,
in the interim, sell 10 quantities less shan i've
esllcps or in dram. to be drunk On the premises,
subjects himself to the penalties attached
TO a violation of its provisions. Not only
40. but he whs so sells or other wise
ptddles liquors ss beverage, would De
1, dictable ss before stated, at common law, for
misdtmeanor, on the same principle that the sell
ling of unwholesome food, such as -FOUR -four
plsiteG YEA or tsinted meat would be. ladeed,
/, our recollection of English history Is not 10
fault Intoxicating liquors were originally sold %
II G spo,hecary, and their sale was always resu
lated BY corporate or other legislative authority
Be,iSe.. Whatever il notoriously or undenia'ly
destructive to life or the public health or which
endspgers the public pesce or corruIt' the puons
morals. ia Nuisance and 90 such, falls under the
irterdict of the common law; and we might add
the Higher Law, from which all sound Law de-
Iives its vitality.
When the 4,h of July arrives, the present tx
cise statutes, or such portions thereof a. ave To-
consistent with the Prohibitory Law, will be
swept away and superseded by that and if' new
aud heavier penalties. The Legislature cyl
IDENTIFY INTENDED, while they postponed the oper
alton Of the penal sections Of the new act til
July to leave no law permitting or authorizing
ito sale till after that time; and the law deyint
liquor. seller must suffer the penalties and punish
ments following the infrsetiOn of either the stat
ute or common law. Such, We make bold t