The New York herald., 1866-07-12
THE EXCISE LAW.



There was quite crowd In attendance at the Special
Term or the Supreme Court yesterday 10 stsn TO an
argument upon the consttutonality Of the Excise
The particular case was that OF Mr. J. n Kesshum pro-
pretor OF the Monauk Hotel No u Fulton street. who,
It will be remembered, had q drlculty wish Captain
Jacobs OF the Forty-secoud precinct Is
Mr. K,tchum brought suit aganst the Captain clalm-
Ing damages for falsely arresting him The suit
Is still pond ng The present originated In the second
arrest Of Kotchum for selling liquor without license
Hs was taken before Justice Conwel for examination
but ex,Judge H W. Moore obtained writ Of habeas
corpus from Judge Gilbert directing the prisoner to be
brought before him. and shown for his detention
sm.. preceding Was .sksp IN w. essf q ps;
license, and both cases were argued together.
ARGUMENT or HENRY ". MOORE. - =,
These matters no s",S cane up on two distinct writs
Gilbert aud the other by Jdgo Lot the former in the
OF Ketchum. and the latter n the Devaucee
IT, and the suits which had grown OFT OF ~
matters that caased great deal Of public comment
doomed advisable by soe persons Engaged in the quor
traffic In this city that there shoud be decision upon
the a 81 sou s s By
the weight OF Notwithstanding b. which those who
engaged in the business ITSELF as well as those
public officers whose duty It was to enforce the law
might be governed and guided And IL was with view
getting thar decision that his clients had retained him
days this law has been discussed with great ability before
several judges In New York city Ha would however,
take tho b y OF stating few ideas that had suggested
forehand that the points he Intended those which
asosa S M .ay II the ,s case before
IL had be confirmed by Recorder Hnckeu, was that
the act Invalid FOR want OF proper title not being
in accortian o with section l6 o. article third of the
constitution which prov ides that lo"al bill shall cin.
brace than subject and that 1t shall be OK
pr .sed in tho tile TINS bill embraces variety Of s,b
UQto us1 IA thn cnlA s,f tn
toxicaing drinks but II established offences and pnn-
,shed them by fines, ard regulated ths appropriation Of
tho revenue obtained under he act Thoir Honors
I'D thus that the mere regulation or tho
traffic was no. the only. subject provided for
the meaning Of the Constitution the title the act
was incorrect. because the whole of the Meronoian
Police District was not nrlded N he bill the county Of
We-tcbesier beng excluded Ono principal objection
was taken on the ground that liquors properly
matter in whose hands they might be, that they
so rccognizcd by The Law of tho state and by ,ha
decisions of the courts, ana espec ally by the
decisions in the Name law cases where an OK
press resolution passed. BY the Court or Appeals
to effect He took II there cnuld be doubt upon
the decision in that case and oil tho decisions that had
ever boon made the subject that these liquors were
conseded tor the SAX Of argument that the Legislature
might regulate the traffic in them, s lie contended it
IT. or TO destroy, or in away mrar tho
rlebts Of persons owning that property. in tho
that this act impaired and destroy d the r gh.s
OF property In those liquors held BE- persons prior 70 thu
passage Of tho act In the rs. place prohibited their
was difficult for him tose wha. power the Legislature
had to prohibit the sale In quantities less than 1--WE gal
Ions what more power they had 10 prohibit their sale
these quantities than " prohibit 1t entirely. Qianti
tics less than I've gallons ns much property as
quantities over Ave gallons Il seemcd to him that the
rulo be applied this kind OF property to
oyery other and that II would be utterly
and rresnar in every respect 70 provide that no man
time real In lass than an acre ut q
time. Whom they attempted TO regulate in this
A1e~ hat p0l.e Af
without which It is ncarly worthless The law savs
not only that shall not SELL but that he shall not
the mere oxh,sion Of mao : properly misdemeanar
But tho act spcciacd that he should mt keen
paS,y oil. sroo, ~ ,,,. an'ess s. % ne na@ s license
ar dispose OF any strong spIrtunus liquors. wines ale
or beer; SO tha man who at ths time this law went
could find TO buy II in quantities less than vo
gallons was compelled to destroy Il Sinco he could
@ s oay thns e give ~ss 10 AM's ay as believed u
til 70 no authority for tn Lcrissture under the
constitution To compel man TO destroy prop rty and
absolutely put II out of exist eRce this law provides
He contended that The law invalid for tho reienn
that created what might be ca,cd goyraphical crimes
disin lions In the matter Of oTne he.wern different
porfins OF tho State, ana he intended urge II upon
their Honnrs that In passng criminal laws II not In
between the c les OF various aud different sections or
tho statc This law impos tar upon persons
engaged In certain business for tho purpose
OF adins 10 the revenues of q partcular por.
ton of the State and moreover that a portion
of tho money 50 raised not ~ DC applied In
tho district whence II obtniued, tho Metropolitan
Police Dsiri t. bat q to the asylum at D nrham
ton Tayes for tho suppnrt of paic lnsltuto must
be raised upon the who'll STATE The act was vo,d roo
bccan 1t conferred upon the Excise Commissioners
jnfic nj powers II conferred unon tharn Tho power
contscating licenses 1hIch aye 10 be bought at sch
prices as they themselves may choose to impose A
power given 10 nance, il,cnscs aud away all tho
benefits which m ght he der we'd rndcr them In other
wo ds provision made by which this Excise Roard
constituted stated tribunal, beforS whom com
plants were To 90 ma'o aad trials held for
rcyosng licenses. hc said there no power
IN ne Legislature" IN crcct such tribunal
He and that srcton nineteen or Tho net void because
l. conferred upon poll, ~ she ills and cons,abes the
right not Only to arrest FOR viont or this law but to
determine whether THO ay had been violated and in
thy conclrded had, 90 conscae property certain
extent bv rrary closing racs OF business os the
person Who violated the law for Indefinite period
mas rg tnc pol ccmn1 tho judge or The necegs!iv Of
closing the place before any investigation had bccp held
rrs tho properiy the ~ disposip- II nj
tho r.ercy OF every sheriff constable ard polio la
the police district Tie did not knNw how his learned
fr end world undertake TO sustain pr vision the
law; hnt II seemed 10 HIM n.iich could he
tanned He 'hought when their H,nos cam9 10 look a,
pretcncs OF rcguaiing The traic in qpor this was an
attempt actually 70 prohibit and destroy It, and that "
does actually work confscation and destruction Of all
property OF TIN. kin hand at the time Of the passage
OF Inc act In closing nc sad he would submit tho
points OF Mr. J. T. Rrady. recently delivered In New
Judge Lott inquired as to whether he considered the
proyisnns he referred such tho restricting tho
snlc OF liquors without exc license uncons,i.u.
tionai Hc thought that while il might be uncon .tl.
tonal 10 some Of its provisions u IN GIT be constitutional
in others
Ex.yndgs roorc said that he looked upon the pro
visions referred 10 life and sour OF the ac and
n they were destroyed the not woFd GO with Il.
ARGUMENT OF DISTRICT ATTORNEY NORRIS.
IN cpinmcnc ns hr Morris stated the case of tho ar
rest OF Mr. thum, and tho grounds which hc was
held anenabIe thc law. He then Analysed tho differ.
en provisions Of the act from section to twenv-sx
which, although they might not pass muster
with somo 0f the modern constructionists, fIiry
presented tho substance OF this terrible oct.
Hothouyht might suppose from reading the argi.
mems that had been made and opn delivered that
some great calamity bad befsilcn The community Since
the as had into operation the arrests by the poco
for intoxicaon had been lessenod half II the OBJ
ectons urged against the validity OF this at sound
they would lead 10 te conclusion that there has
been valid Excise law passed; Notwithstanding courts
and iudrcs, the organizaiion Of government
have no, only recognzsd their necessity, but have
assert and affirmed their binding orcc. To deny such
In I'm that