The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-10
THE SUNDAY LIQUOR LAW.

toned justice for an Injunction restraining the de-
PENDANTS from interfering with him in the keep.
ing open or his place to-day, and also prevent
ing him from selling lager beer and other refreshments
The main point upon which the Injunction Is granted Is
that Mr. Falk held license from the old Board Of Elk.
else, allowing him to carry his business until July A.
1866. Under this license Mr.. Falk contends that the
liquor law not deprive him Of the right to
main open every Sunday any other construction Of
the law would be in violation Of the fundamental princi
Pile that vested with the State can be in
frpged abrogated before the expiration OF its
Under the old law places only prohibited from SELL
ing on Sunday ale, porter and strong and sprituous
liquors Mr. Falks counsel contends that lager beer
not included under the above specifications is not
strong spruous liquor; and that the Court Of Ap
peals dicu has for all practical purposes decided
that the human stomach not contain a sufficient
quantity Of lager beer to produce intoxication.
THE COMPLAINT
upon which Judge Cardozo granted the injunction is ex-
ccedingy volumnous but the principal points are as
follows
oeved license to sell strong and sprtuous liquors
wines, to be drank in his house and on his premises
known the Lion Brewery, at 10th street. in the city
of New York under the act of April TO- 1857
That the plaintiff procured and paid for the said license
relying In good faith upon all the provisions Of the said
act OF the Legislature applicable thereto and the rights
and privileges secured to him thereby and particularly
the specification Of the length of time the said
license to endure, and that he would not other
wise have paid the license fee cxacted from him.
That, relying also in good,fah upon the provisions Of
the said act and the rights and privileges secured to
him thereby, and particularly the right privilege of
selling for the whole period designated thereby in refer
ence to such license the plaintiff purchased large
the business to be conducted hereunder, consist
ing Of brandy, whiskey. rum, sherry wne port wine,
which stock on the Isl day May 0fs the pan
had upon his said premises belonging TO him, unsod In
value or amount ton thousand dollars and upwards.
That aftcr obtaining the said license and In view thereof
the plaintiff c6nformed all his business plans and arrange
mcns thereto, which he would not have done but for
the belief that he would cnjoy all the rights and
privileges conferred and conferred thereby for tho
period specified in the law under which II
the PLAINTIFFS business before and at the time OF obtain
ing tho license conducted after the hour Of twelve
o'clock at night and for as long after that hour the
plaintiff chose special occasions, TO keep his place OF
| business open, which rested entirely In his own
| discretion; and also the dispensing Of food and
coming mostly from other wards han the ward in which
the plaintiffs place OF business Is situated and fro m
OF the controlling inducements obtaining and pay
ing the requisite fec for the said license and purchasing
beer Is neither strong nor spirituous but s beverage,
Of which the human stomach cannot contain sufficient
Quantity to ntoxcate that the act Of the Legislature Of
the State Of New York. passed April H. 1885, entitled
can to regulate the sale Of intoxicating liquors within
the Metropolitan Police District OF the State OF New
York. as will appear by reference TO ts provisions has
assumed processes to rescnd take away plain
tins right TO sell or prosecute business IN any form
llsoe and 70 absolutely nuify that license as OF and
from that day that by abridng the hours during which
the plaintiff IL entitled TO keep open his place Of
business, and requiring II To be kept completely and
eectuay closed between tho hours Of twelve O'Clock
night and and Of every day in the week.
cepting Sundays, on which days II is 10 be kept
pletely and efFectuay closed the whole day. the last
mentioned act has deprived assumed TO deprive the
OF benefits or business which he ut rt prose.
cuted and designed continuing prosecute after the
hour Of twelve O'Clock at night each day OF the week.
excepting Sunday, and on Sundays in manner afore
said; and has occasioned. and must and will OCCASION
great and rreparable injury TO the plaintiff II obliged
yield to II for the future: that the plaintiff, about
the 9th OF June 1885, received license under the
mentioned act which is subject to revocation cancca-
ton provided in that act thus far that license
Is concerned professcdly subjectng the plaintiff to the
pro. sions Of that act and that this step his part
Involuntary aud tho result Of coercion, growing out of
the assumed asserted validity Of the and the fear
OF the plaintiff that by offending against Its provisions
no would become liable to its penalties that
should the plaintiff act upon his prior license the
latter would and will be revoked cancelled by the
PENDANTS and that while he adheres the latter he
jury from being deprived OF the business conducted by
him after the hour OF twelve O'Clock at night afore
said and on Sundays besides being deprived Of all the
other rights aid privileges Including its duraton apper
|, tanning to the first mentioned license
After reading the above compliant aud hearing
gument in its favor by Mr. f. stallknecht counsel of
Mr. Falk, Judge Cardozo granted the following njunc-
tom
On the summons complaint, duly verified, with
schedules annexed, and the annexed affidavit OF the
plaintiff, let the defendants show before a
special term Of this Court to be held Chambers in the
City Hall OF the city OF New York on the 18th day of
June 1866, at the opening OF the court on that day
ten and hall O'Clock, A. NJ, thereafter
counsel can be heard why an injunction order should
not be granted, during the pendency OF this action
asked for IN the complaint And In the meantime and
until the decis on upon this order to show cause, do
order and direct that the defendants named, and
each and every Of them and each and every patrol
man, member of the said Metropolitan Police and each
and every person subject TO tho order and
troll OF the said defendants or Of either OF tho
SAID defendants, do absolutely refrain and desist
IRON interfering IN any way with the plaintiff, Or his
other place In The city OF New York, with those
In the employ OF the said plaintiff at and In his said bust
founded alleged 10 DO founded in upon tho pro-
visions or any OF them Of an act OF the Legislature Of
the State OF New York, passed April H. 1885, entitled
IAN regulate intoxicating liquors with
in the Metropolitan Police district Of tho State OF New
York or from causing or making any complaint or
OF him. or nstufing or otherwise conducting prose
cutting any other proceeding or proceedings whatever
or IN pursuance IN any TO that act all any OF
Us provisions, or from annoying, disturbing molcsng
harasinR r embarrassing In any form or manner what
the plaintiff hts sad business or those employed
by him therein, by reason or In OF all or any
one Of the provisions Of that act or from enforcing or
attempting TO enforce that act any feature Of II In any
way whatever, nj any time times against the plain
n or bis said business or place or places Of business
allegcd Board Of Excise In and for the Metropolitan
Police district Of the State New York excepting
Guiding the county OF westchcse do absolutely refrain
and dcss from reyokng or interfering In any with
the license granted 10 the plaintiff under the TACT OF tho
Legislature OF the State Of New York OF April a. 1860"
by reason In consequence OF any pretended assumed
violation or violations Of that act arising any way
growing out OF the exercise OF the powers any OF
thcm or the assertion Of the rights any Of thcm
cured or claimed TO be secured TO him by the act OF April
10, 1881. ALBERT cARDOzO
judge, New York Common Pleas
JrSR Q, 1890
Sm-fake notice that the foregoing IL copy Of an in
junction order duly granted by his Honor Judge Carozo
this day the original whereof is herewith exhibited 70
you. Yours, &c
sTALLKNECHr 4 HALL, Plaintiffs Attorneys
NEW York, June o. 1850
rRErARfNo FOR TO-DAY.
The Sheriff has been presented with several copies ~
this injunction, and, " necessary, will II upon
the defendants 70 day. Mr. staknecht also had seve-
raj hundred copies printed In order be ready to
any policemen others attempting interfere with Mr.
Falks business with due notice Of the Judicial action in
the premises Considerable interest Ia felt by the
lovers " sunday lager In the result q this action as II
Is regarded test case the subject or the right OF
selling liauor Sundss.