New-York daily tribune., 1856-02-29
THE AyT7-LIQUOR LAWN OTsEo0-

The following iDtsresting history of The " At "'
the Prevention Of IntemperaDee, Psnpensm sod
Crime % far as rsstes to the action OF the ooors
upou Il, ard Of the obstacles thereby put N thc wsy
of IN. enforcement of the law, y contained 10 The
charge Of Judge Tuner to the Grand Jury Of osego
County A that Is the great hop county Of the state
and as such supposed have strong p-~canssry In
terest adverse 10 the enforcement OF the law We are
glad that the charging Of the Grand Jury hes ct length
devolyed upon Judge with backbone adequate 70
the occasion.
After some observations upon the evil Of drunken
res ts antiquity serious character and the means re-
sorted to for ITS suppression, the charge o. Judge
Turner proceeds follows;
when this law WAS kIa promulgated, there wss
msbestsd throughout the State disposition 10 observe
ito provisions in the large cities and villages and
in certain localities where supp scd 70 AFFECT 10
iurouh the prominent business interests; bat the Law
was soon subected the moet earchiDg scrutiny,
and the most critical judicial Interpretation.
"The r.snlt was that distinguished iuFiste oarned
Judges and high Judicial ribuna differed radically and
vitality as to its constutionaty, and also 10 the
legal Interpretation of some of It's most important pro
visions There have been some convictions, many A.
outta. and larger number of -aspended trials andex
thir law. The Supreme Court in the Second Dwsncs
of this State has adjudged the law Unconstitutional
while the same court hed by different judgee, IN The
Fourth and Eighth Districts, has pronounced eonss-
D.tric, have made decision which, by implication q
least, sustsn the consftutionay Of the Law. In this
iud,ia district the judges, with one eSeepaoo be.
heve, have cbarg the grand JUROR ths tasy snos"
presume the law valid. -.
This law, gentlemen, prohibits the sale OF intoai-
eating hQuois, except wine made from the grsPee
in this State or cider, unlste the person selling A<
authority tosc under the law nseii; ana the pescn
having authority can only v.nd spiituoas hqnors for
ne dicnal and mechanical purposes, and vines Tor
sacrnnen,a But there is an important provision
in the law touching "original packages Of imported
or ign liquors and the interpretations thereof arc
in dire ct conflict II IL held the side that the
importer Of the foreign liquors sell the ssmc while
in The original packages, but that person can buy
of the importer and bring the liquor into Otsego
County aud here sell H. although II remained In the
original PACK ages unless such person wes authorized
10 sell under the law; and the other side u 10 ju-
dicialy held that any person whomsoever may not
only buy of the importer the foreign nqaor ~ tne
original paa kages but he may yend the same at re-
tail or in any quantity beverage without vpo-
ating the law. Should this last legal Interpretation
prevail then il the law less reguative restrictive and
nroLibioy than any all Of the previous excise laws
ofthe stae and the act entitled An Act for the pre-.
vention of Intsmpsrance, Pauperism and Crime
would b. the authorized permission TO anybody and
eveiylrdy to sell foreign intoxicating hquor without
| 'ht or hndTance.
You are awarc gentlemen tha, this extraordinary
conflict of legal ard judicial Interpretation and adju
dicstion has occasioned pervading and almost mn
yera non-observance Of this law: and Il 's certain
will continue 10 be disregarded until the tribunal os
fr al resort-tbe Comt Of Appealsshall judcialy az
finn s constitutionalty Two cases, involving al the
qu. .ton- Of onstutionay and Interpretation In d
rue were fully argued and submitted to this Court OF
tpal arbitrau ent month ago. and in very few day
this protraoied legal and judicial conflict win be finally
and concusvely determined; and II the law shall be
adiudgcd constitutional II will be enforced, and al
good citizens will acquesoe.
" Finally gentle men, II is proper that should say
to you that il ia not the duty nor does come within
the province OF this Court in charging the Grand Jury,
to CO nsidr whether this law is constitutional or not;
neither h il your duty, nor does come within your
province pass upon its validity or constitaiionaty
80 long as is found upon the statute book, my
official duy'to charge you TO inquire in.5 any ycis
tions of the law and IL your official duty 70 hea
and ent. rtaip con plants under it, until decided un-
constitutional by the proper legal tribunal"