New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-28
THE MAJOR ON RUM.
TO THE CITIZENS OF NETWORK.

MAYORS OFFIcE, New. York, April 81, 1855.
Ny late concentration 70 the people OF this Cry
rsptctipg the Pfohibtory Liquor Law, recently
passed by tie Legislature, closed as follows:
"Ibave awaited mysslf Of the 9rst moment after tho
adjournment of the LegslauTe when al expectations
repeal or modifcs'on were hopeless to thus make
public my position, without having had time to exam
Inc H. or 10 receive counsel as to my du les under IT,
and xitbout knowing whether am called upon, or
bsye power as Mayor, TO take any prt in its execa
ten. 81 all inform myself on these points without
delay ard my conclusion TO the puoiic Win
the isme caB6or that prompts this coamunisslion.'
The opinions OF my legal advisers are before the
pubic, end their eonelusions need but brief rei'ea
ten at ny hsnds. 10 my capacity as Mayor, TIE
Corporation Counsel is by the Charter constituted my
guide; in ny functions IS Magistrate, the DISTRICT
Attorney becomes ray c0operstor. These genasEen
sustain The zane relations to me as are held byAs-
torney Generals 70 the President or tho Governor
TO act contrary TO their direction, until it superee-
Jed By absolute Judicial declaration, would bs an
MegaI as.uu pton cor doubtful powers are thus made
cs,tsin. hsye no discretion to take any other line
of conduct, without doing what could be properly
clsrged as en- megsfsssumptlon OF power uaauth
lied by law. Therefore while standing ever ready to
execute all laws faithfully ard diligently TO the e1'
tent Of the u eeps placed at my command am IKE
OTTER Executive officers, confined within the s9unaa-
,s, urescribed Nv the iegsl advisers Of my once %
se, contrary VIVID be 10 yi0lste the law, or wnsi /
srq obliged 10 consider the law, until decided 70 Do
othsrviSe By The Courts. ..
me reply n ,4e by nr Hal, tho District Attorney,
is n,ed three days ediog the p9oiesfon OF ny
vit.s that of NJ Dihon ID dated the following doy.
Nv i1uury 70 Mr.. HsIl ras couined TO what w9rld
be he law governing the sale OF liquor 10 tots Ci'y
aef the expiration Of exciting LICENSES NAY u unni
july when the penalties Of prohioi7oo wiz go 100
&C.,, ard a. 70 The ls6s govsrniog Sunday selling
dEtino the same 70 ID. lie replied that the oil
ia.1ss systars is cope eded b5 the new. with us own
,,uyopriste penalties that the old psaalfes were not
csyttecifc 10 the cid system, but are insppi'c sD'e
"a he Pew sys;tra well because penalties cannot
hs uee6 BY implication, ~ because The new SIS
,s,r hsd i;s S,ra specific penalties That By "a over
,s OF TIE Les slsure the Few penalties are saPsf-
add INIT. that peat Of tho act erez.ng thea De
oon.s ore,a,ivs. 7bstffom Nag first, when e1s'ng
heerses eIpre until July obstacle exists 70 re
fes tae Of guor IN this Ciy aud that II Gao ce sofa
The same as any other conn odty AID va, icr saa-
cav serg fhsEs Is penalty save the OH c'vs pea
alty Of ss 50 fCs vhose days araae, and whca - 20
be prossoused ard collected Ia civil sctioo oy tes
Cory yafion AtioInSy.
The INQUIRIES to Mr. Dillon were more general Is
nyirz 10 the bols scope C. the PsobbtorJ section
II reply he saJs that the Asyor u u eapoyes
10 Near ard determine the charges, and prnes os
fe4ses arising uLder any Lsrt of rs provs1os,s
the Nsvor 10 rot snthoTizst to perform any
sroer the act, than to require Polle.sss a..
the outes srjoired upon tte.n; bat ,eas - "a,
iiops 70 the police he must osuilon 20. g
iuir,e'ion al that section OF the "a sca so =;
shal rot apply 10 liquors, the rien 70 SCI
Ibis stste u given by any lev 0, uesy =. ~. S,-,ss
States, ard ~hich are tIsups ,.,,y I'd that police
m ~. he warranted II seisirg any sucn M 5;s
! - ~ ...essis Ia which they ere Contained. AM
CosnesJ more particularly describes these hqaols
LEM al thea; which are Pss11!sd 70 Va nnP''ss