The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-29
Our Albany Co,respenaence.

ALBANY. March 26, 1866
Co,at Of appeals against the PraAbiory LSquor Lsp-
tCbmfusit~ e the Fhnatics-Wl the Legislature Pass
Ld,r schicA tie People Dssirss
Under the opinion that the people repudated the Pro-
hbitory law, early movement Wa. made in the House
OF Assembly to repeal It, and substitute law in ac
core with public sentiment. Mr. Glover Of he city
Of New YClk, took the initiative but was met at the
hreshhold by the fanatics and hypocites Of the Maine
law. bal was reported by select committee havirs
this object IN view but being below many bills on the
general order these fanatics hoped would not be reach
cd until too late in the session for delbe-a discussion
Mr. Bailey, of Putnam, fenirg sOch might possibly b
the result, and that another year Of free drinking
might be tie consequence o the snre Of the passage
some stringent license law to make effort
to bring the tn forward. Two CT three Of his attempt
were frutss, owing 10 the absence of several members
favorable to bis views and the strenuous opposition of
the ntempeIate Maine Law fanatics BE finally suc,eed
ed In making ,Le bill special order II has been dis
erfsed curing two three sessions. lis opponents
bipcs o the Probibi.oy law, grounded their resistance
to adopting the bill upon the the aaes
licn wss the Court Of Appeals, and rn dscron wa
had from that high authority it pIeu atura to ag
tate the matter. There was some force ia this Obi scon
which induced several members Of The House fAvora
tl 'ns proltisory a law 70 hssiste in sher 90
manifested upon motion maee By Mr. Sicklss TO sust
tue ths Assembly bill for the ylanous and partial BILL
runshng the city Of New York. to the exclusion Of the
rest If the State, Tor sellirg liquor on Sunday
The fanatics, understanding from statement made in
crited lie vote in the Court Of Appeals sers ho ping
for srch result They expected that another year would
cIeraen OF their former tricks they might carry t,e
rexi House Of Assembly. Bat yesterday morning when
II was announced that majority Of the Appeals decided
tucral, three fanatics struck with perfest con-
ss1naten They bad counted upon four OF the Judges
I'd Of their sta n The Court Of Appeals and openly
threateped deaat in the Senate OF the Assembly bill In
troduced by Mr. Mas;eson.
lhe ADatis did not count upon their victory wihOu
some comfortable foundation lhe day previous to tue
dsep Iunor ssys the Judges stood four TO ios. rhose
and sslcon and Mr.. Hubbard, Justice of the supreme
Court Filth district, now on this Appeal bench, demo-
wSt Appel Juess Cmsoci and ~dss
Mitchell. Wight and T A. John.oD, whies the
siee Of the fan Atc,. Thus it is ssid this Cou-t uton
the days wese consu ned In private in discussing orally
snd reading written opinions They stood tie nei
and Eighth judical Judges On Monday afternoon Judge
Comstock kncv Nothing silver gray, 6nal, came over
tie quest Immsdiatsy his decision was sent to ihs
press and appeared in print In advance Of all the Others
Now then a. this Maine law has been meie or two
hIee years political question, which Inns resulted thus ar
to the benefit Of the wbg Niger worshippsrs there
be cry inference With regard to politics in the Court Of
Appeass We see In that high body Of jursts just suh
division Of opinion - exists in the political arsnathree
Mhgs against four democrats and one Know Nothing
consrue the law the constitution Just O. the pArt
ian press, lawyers and stump orators have done In
there not them some to think that the
klted omire Of the court 0f dpir s not alto
gether untarnished from political and partisan prefer.
encess The whig party made ths prohbitory question
portion OF their and when the great body Of the
peoIe were reposiDg quietly, acting secretly the wings
steahy uped the State administration, and forced
upon the people the infamous Prchbitory law The then
whg Judges ceired to confirm that un6oy act add un
righteous Law. On the other hand the democratic party
opposed mailing temperance portion Of its creed They
resisted The law their Governor vetoed it. and tho party
Iepudiaed IT, Democratic lawyers gave abored opinions
sganst It, and the democratic Judges the highest
bench deccs accordingly Shall the temperance question
be kept In politicsf
And now when the rrohibtory law has been declared
unconsttu tiora.-whtn the lawyers disagree whether
exists upon the subject OF license and regulating
the sale Of into xicating drnRswe find tho ntem
aine law fanatics in both branches Of the Legislature
combining defeat the passage Of act viii shall re-
strict the sale Of ardent liquors. and Of regulating It's
ale and trslc. 1t shows their hypoarsy. X they can
not keep Law upon the statute books
they combine to prevent the passage OF any wholesome
act II they unable TO preserve law which nobody
has will obey, they stand In the way Of proposition
stringent than any Of the old license Ia W. which
will be the means Of decreasing "paupersm Int npe-
rance and crime" punlsh with severity those who nav
be found to encourage drunkenness law which thu
whole people win regard with favor and Obey its nunc.
tions. We fear the Senate Ia composed Of msiority
sganst the Assembly BILL know the present Governor
VII not tign 1t, and ws urther know that thee is not
ccrstutonal majority in that body to pass It the