Smyrna times., 1855-09-12
The New York Prohibitorv Law,

went into effect, number OF decisions have
been given both for and against it. Several
OF the ablest jurists in the State, among them
are Ex-Chief Justice Savage, Judge Edmonds,
Chancellor Walworth, Judge Shankland and
others, have rendered their opinons--rot {; ON
mercenary influence, as it is feared their oppo-
nents have done-that the law is, in every re-
spect, constitutional. Notwithstanding these
favorable decisions, the opponents of the law
have not 50 much as given them passing no.
tice; but, every avcrsc decision has been COM
mented upon, published and rC-pubshed BY
them, until il would seem from their statements
that there was general uprising of the peo.
pie against the law. The falocies and errors
of these decisions have been exposed, until
there is no argument LEFT save the reiteration
of what has already been said. The late deci.
sion OF Judge Brown has been a great solace
TO the liquor party of this State Judging from
the importance attached TO it by their organ.
which has published the same entire, with
notes aud comments. This sdecison-thourb.
perhaps, embodying all the arguments in favor
OF rum-is very weak attempt 10 show that
the selling and drinking of rum is better for
the country than temperance The New York
Tribune, with reference to Judge Browns de.
clsOn and the prospects of temperance in that
State. gives the following as a number of the
" facts TO be remembered
/. The Prohibitory Liquor Law has not been
adjudged unconstitutional True, John w. |
Brown, of Newburgh, has written ont an Onin- !
ion going that length; but Judge Rockwell of
The same DStrictexpresSly disscats, and it does
not appear to be sustained by majority Of the
Justices even of the Cd District. If if wera
sustained BY them, the Court of Appeals is NOR.
ally certain to reverse it and affirm the sub.
siantial validity of the law. From all the in
dications thus far afforded, we deem it morally
certain that majority of the Justices. both Of
the Supreme Court and Court of Appeals. re-.
gard the Act as clearly constitutional.
2. The friends of Prohibition, who are largo
majority Of the People of our State HAVING any
decided opinion on the subject, not ONLY uphold
the essential principles of the present Act bu,
they mean to stand By this Lalp until its Dro.
rislons are eceryWhere enforced and respected
whoever says or insinuatcs the contrary is n
wl.ltai falsider. The advocates of Prohibition
have confidence in both the Peoplc ard tbo
Courts and are certain Of ultimate trjn,nnb
1t the Courts should knock a corner off of o,r
present Law, they will restore or replace il n
The best Of their ability. always with Difference
TO judicial authority. fthe runselprs sbould
buy Legislature. we shall rally and carry its {
successor, able and eager to undo all the mis-
Chief 1t has wrought But we do no. fear tho
choice of Rum Legislature on an outlav of !
the 100000, which is all that the Ljouor IN I
terest have been able to raise for mis- Fan.s \
canvass /
.. They who assert and rciterate that tho b
present Liquor Law was loosely drawn. never c
examined by competent lawyers &C., simpIv Il
say what is untrue. No previous act Of opr u
Legislature, for the last twenty years. was ever c
90 carefully revised and reconsdered. MANY
able lawyers, among them Chancellor Wal
worth, scrutinized it line by line prior to its y
passage, and pronounced it good. Its constitu. e
tlonailty has since been affirmed bv Judpes p
Rockwell, Shanklaud, Humphreys and Ex. n
Judge Edmonds, all of our Supreme Court p
AM the fact that Brown, in order 20 invalidate Il
IT, ID Obliged to deny the right of TIE Legisla- o
'ure to prohibit the Rale of intoxicating beyer- 81
ages at all is proof positive that the act is well
drawn 1t is condemned only by those who ii
mold mat the rumseler has an indcfeasbe right p
70 pursue bis balefal calling, no matter at what
cost nor how earnestly, unanimously, the pub-
fe may call for its suppression. pt
a. AS to the enforcement of tha Law tbere nj
Is no demur or hesitation among it's triends.- p
over two-thrds of the State, it is this dav per- IT
iect' In the residue, it has been temporariIv h'
aeieated by conspiracy of Mayors, Recorders :"
. 'uogeS' &C., to trampe it under foot. This is ut
inevitably a transient evil. The decision ofI g
Tue Cout OF Appeals on the law-points raised II
under 1t, and the choice of a new Legislaturo co
10 uphold and strengthen it, Will sween o,vav
-le aSt hiding places of the dqsolating traffic u.
" care already freed from the curse of Licensed ~
lVu"'seIiug; few months more will place Ms
a position to stop the unlicensed as well -
allent and pcrsevering effort will soon secure :;
he cal o' yar lifelong struggle. "
Champions Of Total Abstinence fror, All tho, -,
nay lntoxicate; there are thousands outs,de ,ye
u your ranks who desire your success and will be,
o'e ior H. put the burden of the day deyolves
u yon' Take care that nothing shall induce
on 10 support hostile Senator or Assemblv- pla
asn, and be sure to make every vote tell the
sith wisdom and forecast, we must and will dis
riunph. ab,
'unge Strong, Of the 2d Judicial District of ret
We" York, has at length published his opinion ing
, , Brooklyn Liquor case, concurrine general.
!, WIN MS associate Brown, in holding the
s0n'o'ory Act unconstitutional. His argu- 10
nent rs very long and very weak-inferior % vii
Browns Ia yigor az well as .,a.,;,- " Ion