New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-09
yrnUcR AND LAW.

The Election being over, we trust the Court OF
Appeals sill Low realize the urgent necessity which
eyi,ts for bearing snd adjudication as to the con-
.titutionslity of the Probibitoy Liquor Law. At
nYesent. ve have most important act of our last
Legislature systematically dehed and violated
under the sanction Of the Justices OF single
district (tbe IId), which we are confident is the
only distr ct in which such decision could have
been obtained while Judges in other districts
bave already intimated, in charges TO Grand Jures
and otherwise their conviction that the act in all
its main features is entirely constitutional We
have reason to believe that those of the WITH dis
trict will soon give decision to that effect
A new legislature has just been chosen, which
will be urged to modify or repeal the Prohibitory
Law: and ii is msnifesty proper that the Court OF
Appeals, having a case which involves the consti-
tutonslity of the act on it's calendar, should take
it up and decide it, thereby indie ,ting to the
Legislature the line which judcially separates
constitutional from unconstitutional restriction.
If the law may properly deny to nnety-nine men
out of hundred legal impunity in the Liquor
Traffic, vet may not withhold that same privilege
from the huDdredtb man, we wish to know pre-
cisely on what ground it may make this distinction
If all legislation in restraint of avarice pandering
to vicious appetite he wrong, the Legislature should
understand that ia t and shape its action accord
pply. We trust the Court Of Appeals will realize the
urgent propriety of an early and thorough coniid
Grafton of all the points of objection made to the
constitutonality Of Liquor Prohibition and to that
of various provisions and clauses Of the present
act And especially do we urge adjudication on
the monstrOus decisions Of some among our lower
Judges BY which the clause relative to imported
liquors is made to nullfy the whole act and stul-
tify its authors If it be indeed law that our egis
lsure, by providing that the nhbtiOns OF this act
shall not conflict with the acts of Congress taxing
the importation of Spirituous Liquors, did not
only authorize the sale of imported Liquors any
where and any how, in defiance of half q dozen ex
press provisions of this same act but actually com
pel (see Recorder Smiths decision in the Aston
house csse) any prosecutor of lsw-defing rum
seller to prove that said rumseller's Boston Par
"ticular" and Jersey Lightning was not i'm
ported then is it indeed time that our language
should be remOdeled, and such senses applied to
the various words that it will be possible for
Legislature to denounce a misdemeanOr and pre-
scribe penalties for those who commit it without
thereby allowing every one to do go with perfect
impunity. We plead for an early and authorita-
tive adjudication Of the main question and all its
important incidents. If the Legislature indeed
cspnot forbid the Traffic in Intoxicating Bever-
ages let the fact and the reasons for it be promptly
and conclusively established. Any change would
be preferable to the state of anarchy and doubt
which uDhappily prevails Will not the
Court Of Appeals end it