New-York daily tribune., 1856-03-27
NpypION OF JUDGE COMSTOCK'
o. THs ooCar or AFTRALs.
n Psspss sst james @. WynAAnrses.

o>ssons a Ere County, for selling liquor IN snnau
.a,fsss contrary TO the Act 10 Prevent lntemPer-
snss. Psupersm and Crime, psssed Apni D. looo'
ns naesr,spt contains no allegations TO bnng the
Nv within any Of the eIcse laws OF the state even
as,e esp be regarded a. bnrePeaed, and the eonve-
- tksreSsr NUT stand fit can stAnd al ALI uponthe
ssstste y,kred TO- /. was admitted on the trIo that
a. a.S.nd.p, was The owner Of the liquor, in question
~. and At the iims the law took effect; and h1
.,se ,s,vssd that be entitled 10 acquittal on
~ srcssd, sDobg others, that ths statute was IN
es,rSsstsspaI and void. The proportion was over
nd The Supreme Court in the Eighth District af-
arnsd the conviction, thus determining that ne Act
/. Hs prohibtory clause constitutional and valid;
I'D tSs 10 the only question ,ban consider.
Tie Constitution Of this State has vested the Leg
,lstiys power" in the Senate and Assembly, subject,
Asvsyef. TO ZONE special limitations which are OF
vsyv treat interest and importance. II is declared
M L. sec u that no member OF this state shsH Dc
%dsbansbised or deprived OF Life, Liberty OF froPef-
sty without due process Of law. Nor sbsli PriEste
property be taken for public without Just com,
O. pepsation." Without inquring into the e1tent o.
legislative power In the absence OF specai reelains'
nnh the ease before us can o. ana %nco1 force
- snreation Of which will be hereafter eonsidered
And Ia determining the question whether me act 70
usyent IntemperaDce, Psupensm ana Cnne WIS
n.,srssS OF power prohibited 10 the Legislature by
a. s~rprste psrception Of the subject 70 which Il re-
.t1s IL the fTgt requisite. IL then, believe uni-
y,r,slly admitted that when this law was passed,
Intoxicating liquors to be used a. beverage were
z. {,n ara Saeh much entitled to the protection Of the
CsssutssD sDds boSses or ehsteIs Of .ny descnpnon
~ Ie,erss and have constituted article Of great import
ssss m of the world In Ms country ths right
In tbsm fer for instant
s..cnsG IL this Stat. they bought sod sold Ike Other
s.,y ss wss sy ssta ~se I Ike osr 70 a. the subject Of
law, ana wbeI the owner 9ied their value contrib
ses .rd Indred according law the will Of The deceased
Shsy entered largely into ihs foreign and internal rec o.
Kate and when subjected 70 the operation OF this statute,
s,sny millions value invested m them In short DO
sIaesnd 70 BE- denied that they were property nJut
Jsa sskory bs cited but this does not seem aees'
' .as1s tn.Is :.;5s. .s sqnstGis insSIcss drinks see
Of property which performs no benstcisnt part N me pos
"a vii admit with reasonable certainty that
abuses which 4, liable are 20 sa TIA; the people e
to their stsress,e Interest," but with ssoute benefit
ne Am. e.. BE- 49, So.s 81 psn1 & ss beye
ssss by the only article Of sdnited property and
hA .srt may be directed But, II such arguments be L
ved the fundamental idea Of property then there
srss he ss.oa,e discretion sf the LesstuIe e sa.r
soes sf the Constitution are neie waste Of wods The
foundation Of property rot in phlosoPhe or scientific ,Peeu
.sons even in the suesesons Of beneyoenee OF phsn
frspy II 10 simple and Ineligible prOpc.ton, admitting IN
sAe nature Of the case Of 10 hs is' u property
whk the law Of the land recoses as such II H. in short an
itatiOn Of law ssd not result 0 sreeuaos IL 'snce IN
morals q economy.
These appear to quite eemensry yet they
topics They lead directly to the cobclron th.i
a y. ss IN the .sS Of se ss.t6y ple.ry
general hs. no such power over any Ps[c nar speelss
sT ,ssIstins the trade 10 intoxicating drinks well IN
psber articles Of In esrsbshns such regulators
:, ..onony or mors. a. NAV Be ssdressed to dre
'ss The whole Geld Of discussion open, when the Ler
sis Ard rsrsin trse the general lswfness Of which j.
admitted but whsn the 1 .@ps,, question TSGIea ss
saed BY the citizens IN inoIc..s liquors hen we are 70
5l: ana a. 6%eiT % that !ceons % 70 is chemical
sef1fc qualities the mche engeudered BY ne abuse,
n. ss n,as 90 from SeE sao !: .6,, arc now
6ens, protected beesue Il propis innoeenly ae
much opens the qu.stion Of Is Utility II inot
.ans liquor, ar. property he Cons,tgon does no p INIT
he destruction. In word that which belongs 20 the citizen
|. the sense Of property .a9 ,geh has % hiia aeonme'sis
ses,reJeS Or deTIysd Of ' essential s,',o9ss' ate O., ,,,5
se great he regard Of ths as FOR pyss property .1at
viii not ,uiiori1e tie least violation of not even for
ls sessra good Of he eh9s community II road, foI in
to be made through The grounds Of pyite per
might perhaps be extensively beneAea4 70 me pubic
tut the law permits no s r ' o. men 70 90 ths "noS' .
The good Of c ad fst ottnt 70 yea 20 Ia oi 'le
would be dAI 10 allow gSste OF even
S.,hsr IL ;. .Sp5et 81 no. BsSs ne pSJ god i
selAiss eeafoly t.sra.sd thea ~ ne Pofeei'2n o.
iax In hs and similar ess.s the Legislature alone snd
frequently does interfere sad compel 'he ndvd9ai = u
,asly stripping the subject Of bis property II an aIsrGy man
ssr b., By gVhG aim fa m miSosniy ,95 sq''sa' Tor ne
Ghe this Language Of the Rtsh commentator by 40 msAs
ne 'a i9es o. ~. We Coo.
ton contains DeysTtbtets vindieaoa Of the sinciy q
srpesse 70 or own sonatios ana trsI Goversrent
theories Of Pubc good public necessity may be 80
is> But whether truthful psusibh srsy AID BY what
numbers they sre ssse1.ed 20 isee .5 sose absolute pm
ton place. tbs rlsai Of property. ,..,..
gus command general ts.eI' would seem 70 nsro~ ihs bad
81 inquiry. DO the prohibition sui p>sate' of te o.. 70
az 'na t5, tbs o~,
tores assuming them 70 ~ valid sad nfy obeyed And ere
Which they aimed Ii they io thsu % tar can zee,
nshrs eIosa. eiest TO ay ~ pT.Tiaons o. t1s saa,
sautoDG AID VOID In sdEneai they 10 PLAINLY Woss tbs
We NUT b allowed TO know VIA; kaos ~ a. per-oas
of common Intelligence, iha intoxicating lqao are prolest
- 80 ~ sIi 80 - II 80 5 s-n,--, sn5 tlst =
this vhh hss impaired 10 them this STATE more tAau
tlO that any seseIs ef leTss,on whch ,nnI he DE-
>bctol sf ths males the ksepDg sale q them AZ
bsversss IN any quantity and By sy ps,.os eiaA ofsase
wteh declares bea psSle n1is,nes which sseees bsn
ss<zus and pkysen desruetoo, sBd denies ess sdeay
sAsy BY swis .sa robbery a Be deemed IA
evcsy beneficial deprive the Of ths eu0ynent
x as property Sush gn5erssDd 70 b. precisely tas character
eeA.p.o Shsu,ea and me6cs PURPOSES and o. VINE for
ssersnp.pt Even th essTcn ais-'e sot special az
rrsEosbT ;. ell prohistsd II he pursue, Any II
sfsen OF twenty lawful ,,oe,tos,i be b. Of 20
tally sbsneb. habits be gs stringent bail and he must
rood moral character Sales also te nsie - the
asAerIed ve1aes but they only sell for he psrtcuaS
yyoees enumerated Of sales 70 t6sn e.70t b: iasds
q centsnplsiou Of any other purross .
With hese exeepols-so mnste and trivial scarcely 20
<ture the seoerz ,AemeAe at Of hercs ana nio-
prescription. IL unlawful sou intoxicating hiusrs
10 heep tksm Or sale with inen 70 sell 20 keep hsn a.
81 ll they declared public nussucs R.Sl aud DOT oas
- ai eselarso but BY another eHyress provision al legal
vro,setoE wAdIsvn from them si6. II tbs ovDss a.
senYs 70 eel Asln he snan sss tor the peo ana
they taken from hn BY force fraud be is remedies