New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-04
THE PROHIBYTORY LAW
From The P.es,s.a R-py4,.1s-

Eco the Dittrict Attorney Of this County up'n t1e
Probibtsry Law. II will be found to coohc' -
rlou,y with the opinions Of some legal gentlemen Of
NevYork already published TIE we!i-knosn ABILITY
sso experience Of Mr. Wells will commend tai' doca-
uer, to tee careful perussl OF ~bo are in .ny douo'
o. TO the op ration Of the law those ponu to Tn'n
al usion lie made:
10 De Editor Of TIE P,atskig Rfpsslsea
srn. Having received various written, a. Ven -
verbal applications for 80 expression oil ny we On
seversl qUesiisns arising out OF t1s Ao1 'o' .11
Prevention Of Iu'empsraDce, fsuperrn, ano
" Cine" lately pss,eo BY the Legislature OF SeF-
Yo,k take this mode Of returning gener. sns yer
"a all susb Injuries touching the tSo fouo~iag q1es-
tioIs:
Whist the eject Of The exception sis,s'ed At TIE sni
III Re, l. the o. secipn tFsnty -, tvseh oroidi
the ,r,nns Of sn:' e., 81 TX, 5,or Nav
enc July which last Jay The act 20 mo ia opera
tcn
The first secion Of the sct sitter forbiidng the sale
or eff or the keeping for sale OF gin, Of any ntofl
eating ! qu,r With certain s2eiied exceptions
cJoses DE- foloEr: This section shalt not apply -
liquor, the i'eh TO sell irtteh ~ ne Stae Il given
ably ely Law or iresty Of be United ota'ss
II lquors ere refored 10 are those imported into
the ULeo Sfs'es from foreign countries, under en- act
Of Congress ~ aty with ihe couuiry Shenos toe
luuOrs come. Such lars snd treaties, made IL pGr
suance Of the CObstIiuil The ugrvne aT OF tue
ard ara the ri.hts secufo1 by item cannot be inya'
ded by STATE egisisiOD Beoce the necessity for toe
exception in the 6rt section OF this act Bait "hst
e,tsIt 90 The lsws Of The UIi'eo >aies &hlcl impose
cutie OF imported ertcles, porc' TIE sale 81 them
after n ey or. lmloften Ths 0l-rfon sss settled
by the Supreme Court Of tho Untsd aes IN the sc
o Brown sgainst the State OF harj4 q, IL Nnea'ons
Rep. 40 That Gaze De d,s tnat al at Of Congress
Wi ch authorize the importation Of any article In;o
;be country also thereby huthorz,ete Importer TO
sell such article while IL remaif IN ts ofisoal torn
packsge, cask. &c, in which y was importeo tns'
up 10 tbs point II itInGlls subject OF The foreign
commerce 81 the p7iOn lot 10 b. controlled or pro
bbiied BY State egslstion-tbere being difference
in effect between power 10 prohibit the sale OF an
article and power to prohibit It's Introduction into
the country; the one would DC Necessary cous5
queI &c Of the Oiher-but tns Whe0 the importer has
eitI er sod tle imported article in the package or
cask &C. in which il was Imported, or has b'ozen Il
up to sell 10 parcels it ceases to DO an article OF for
eign nmtTceit is no longer protected BY ne Laws
of he Uniie1 Stateeit has become part OF tue 10
rnsl psrty Of tue State aad s subect 20 the
troll Of The state laws. THIS case Grass clear and
targibe ne, eide OF which the artlcls Is an
object Of foreign commerce, subject only to the lag
of Coz ress ara O. the Oihsr slOe OF which the article
il an object If oomestdc trade subject Only 70 tue
law of the STATE. Thst line IL passed when the i'm.
porter has emerged the form of the article or rans
ferred from the bale, package, cask, &c IN which
il was originally imported, or gheo, without SUCH
tran.er be hes sold It 10 another pefson. The lave
Of Congress in tG Ct say 10 THE importers We guarsn
tee to you the right TO import aud to sell tue Ia
the form and condition IN which 1t was imported bat
hey ord this DO not 20; we do not guarantee ths.
your ver dee shall have market that is beyOnd our
jurisdiction and must depend on the good pleasure Of
he State of which he Is a citizen.
l observe that the Counsel for the Corporation Of
New York, in cUmulunc lion 10 the Mayor of Apul
49, srQue, that because the recent Law does not
fine tie exception 10 foreign liquors while remaining
in the original packages, therefore such liquors may
be sod at any time, IN any quantities, and BY any
persons.
Wihal cue defsIerce TO the opinion Of the learned
Counsel for the Corporation, | suppose that such an
Interpretation Is admissible.
II il maniie.t that this first section is a sweeping
prohibition Ct the sale ard gilt Of intoxicating HqnOfr
and this exception out Of the general prohlbltlun OF
the section ought not if be avoided TO receive
cor stIuctiOn Uh3h would prsctlcslly defeat the
rest Of tie section. This exception intended to
be exactly coextensive with he laws and tire sites Of
the United States 70 which 1t refers and 70 ao and
pIote the sale Of liquors Just so far aud 10 further
in just such cases a. 10 Others as the United States
laws GLOW BId protect it, that Is, 20 permit tue sale
by the importer vhe The hquor remains m ne casks,
packages, &c in which il was imported; the right
is not obs Quite and unqualified but IL sub n0f0 only.
The Interpretation conttnoed fer by tbs Corporation
Counsel woud 20 fer hey oLdth right Secured by the
laws Of the United States ana would, IN efecs, en-
trely defeat TIE operation Of this act by rendering it
impossible TO chow whether The liquor sod throughout
the State wos of foreign or domesic manufacture.
The construction ] am opposing would defeat not
only the first but every oher section and clause Of
the act nay, more, IL deea,e the very prOyso or ex
cepion itself for saving totally repugnaut to the
BODY OF the act is void Black. Com. 60
The doctrine Of the csse of Brown We The State of
Mary land Yves reafhrmed and extended by the Sd
prenc Court of the United States, i'll the celebrated
License Case which vent up from Ne6 Hamp
shire Nassscbus etts, and Rhoce Island. How.
Rep JO4. The Chief Justice, in bis opinion in those
cases, said
There State laws act altogether the ret dom-ss
s lite. S Ia BE S ocean % aud become
psIt the teIsrs Of property In the STATE 1ness
laws nsy pcetG dseOursse imports and diminish be price
which ad.ntspfis would oher~.s hIins But slh Ugh
State bound and permit the sale BY hsinPfy
atCe Ct chsnose which Congress authorizes 20 ne
Inn oId il /. rot bound 10 furnish market for e. nor 20 ab-
s1in ION the pss,sse Of any ~hch may
~ Bd, ssbe guard the health morals Of It's cz rs al
Government II deems the retsii snf internal
TIA s 10 setnt ,prt. urious citizens calculated
10 rrocuce dimes vice. deb-uchery nothing tbs
situen Of the United States prevent from reslsns
restrain the traffic FROM prohibiting altogether Il
links preper'
This language applies equally to foreign and to do
nestle liquors but il was used with more immediate
reference to foreign liquors
As 10 treaties with foreign powers have not had
tie opportunity of examining all those now existlng
but 90 far as have discovered. they provide only for
on footing Of equality with Other favored nations,
and under duties lot exceeding those imposed by Us
On other nations AID on principles OF reciprocal
equality. Trey do not secure 10 these ma ions me sale
and consup pilon tie article domestic m7rkts.
This is tire case With the Netherlands, Prussia,
Norway snd Sweden, Great Britain, France. spain,
Chill, and nos. of the South American States. Ia
only one instance have | been able 10 fad that
Treaty has gore beyond this and that was the treaty
with France, negotiated by VIM. C. Riyes, and rsti-
fed Feb ., 1882.
By sutcle even Of shat treaty il provided that
"h wines of France shall b. 1dafed 10 consumption
in the States (f tire CLion q, duties therein fixed.
This article 30 long a. It sss in force would. it is