New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-05
sUPREMB COURT-GESERU TTRa-sErT A-Before
Justices BAENARD IEsaAHAM and LoIT

Ju,'ioas Lott and Ingraham arrived in town yester
Ax morppq and took their seats with Justice Barnard
Counsel in tho Excise wersin court Mr. Charles Tracy
and M George Bliss h representing the Board Of Excise
and M. I J. Fithian tie opponents of the law.
The C)art inquired what disposition counsel proposed to
n&ef
M Tracy NJ Ftan both replied that they had points
preolred six oase three Of which the Beard Of Excise
were plaintiffs and three defendants embracing ali the
Questions necessary enable the Court TO pronounce upon
the validity OF the provisions Of the act They were
prepared TO submit them without any argument or take the
direction The Court The Court Of Appeals would
the 94. desirable 70 have judgment in time to
be heard before that session OF the Court
Tie Court took The papers and Judge Barnard stated that
decision would be rendered Thursday morning at II
O'Clock
Three Of these cases arc entitled the Board Excise ag
John r. Carrier John Barrie aud VIM Barke and hrOe of
them these parties against the Board
POINTS FOR THE BOARD OF EXcIsE.
STATEMENT.
In the rs the Plaintiff demands penalty for sses Of
liquor license from them while the defendant held
unexpired license under the act Of 1851
I The secondhand third cases the Plaintiffs claim penalty
~ oansy that The defendants be resirsnsd enforcing
wbO'e part Of the act q April H. 1886
Inthe cases where the plaintiffs are the dealers. selling UquO
70 s Lee, s1 Ave % S % 's sssI PsS 81. s 90
held .n;on; uqs snd vod a. Tas d bushes. is for.
.oos s5d hieh would be iorcs Of
y, % ,Ss ,aT IN a. The :oo G1T ". n Ell .ad
Ia a protect aslswil business by equitable remedies Off
~ ne act Of Apr IL 1896 Is eontaiOna l. The Courts are to
e C 10 81 s AID gave S
S esss s s1osS r. Psop vs. xS ' y oS
l some pat o. Psoyon q ssss ssogd .ssg 70 the
70 unless the Unconstitutional sare pervsdes and con
VISIONS de py.udy q q which would leave ths in
force 70 other provons this act unconstitutional Is to
b COED ss.n ~ Vher and would become good against ish Il
H,ehl Gray Mass COZ The evidence unsSIired licenses
is a wpea' al former acts snd parts Of act, i3cSg'stsn there
% 50 lar as 'ney Ieae 20 t' ae. snah oIoas 81 sse, "a
under Tins act 81 Tbi, law iuparns obligation Of
ya within tbs gs.slgs ef the oeasti
word license and By the decisions license cannot be property
toe soct OF IL be assigned taken oHxecu
ton does executors Estate HOme' % IamS
Licenses, % sell lquor, portion Of the police system
cs s1si5 ss Gong '' Of tue United STATES
T,s Ess were thee ne s.ee, Of eoSIse was not
The legislature enacted Tbs. licenses under the act Of
.Sssssssss ssetsS v Pcna How TO- siS5
sc eyocsbs and power q svocsOn thus reserved msy
be exercised BY the Legislature well by the cant. for be
Iseoa power BY the State grantee q R. s. Sh
Tgs b8 licenses undor act Q, 1851
sa & so nS Jaw 81 oo 20 IsS%As SI .
lnvdae the whole law still would be valid to s bn thOe
ntessd 1856 oly to pSodaes
sSsu ' pl sy s s wa 3 bes f S not pee Prm.
S sS eS SssS sen ssaa = s % IT'S passage ana
g. Nor % T Sc S s % s S Ss9 g wsST' S Sos
quite smother thing Iple ~ Ihs does not deprive the
os l~ oaS s IL s6y p ao 1s ST5d. me-
asS Al nss Avs heath avs and ysoSs police and nsSsi
os Lola s s @ rs q SDD 7S a re sSsse
" rfo s p4s H C s nas Sac, bs. "a
% L eSs:s Case: s How How s - r. "a Stat, IN
80 quantities than "a gaoos There exception imported
tad ss,es law does elbow imposons quantities smaller
eve ouh and sales Of that amount are not affected by the law
81 The direction sv.u to Board a, amount license
vs. vulsss Of Rome . n y. IA
nSsI SS %ss ' nor 1 ssou r. &
Is saso. rS1s 9sIs 70 M &c s,s.,s without y n
Isposas, % TIE Contribution The arrest q er'on to bring him
hi@ Of his eery without das process Of law a. COnst Ant
sssy proceeding iSdSJ prsyiSsd Sy xTiss are
on e md poieeren to maze arrests In va5iogsa s. T. ss7
dssSe Is no pioss}n 70 e. .os'.oa 055o,adins
pocs 81 lave. power forthwith
SssS The oasss does no, s he oaesse we dss
to osons. assssd By he officer md that II such eonaetoB Z
y q SPISS n the same .i SR o t9 s
no. wh.re tie peace progress differ
The sppOunsn. Of The members Ofths Board constitutional
ysj The o5ssion introduces rules evidence
S ssIs d % sad n fSs ths Ss @
S H.. Ss'p oof 5 a' SS' "a. wi Ss s A n o
tbsm bat bad been sold by him should be evidence q crinaly
49, @ 'i sa no & SSss 3 Al
Z s s as '' o s 1as b is9 sSa & " ana 'u'h
rSt ss cos. s Wholly S SaiSsds5 fRs @ %
aiss sb1 % Police p T5 'nS S su
sut Of hs cOsu.h the degree q PIiea; to De used IN
scS tPSip. v Mayor Hilton a does lot embrace more
thsn subject and that expressed in lie title Every provision
connected subject Seld
TsSdss he @sos law void F.hf vs. T. Road Co.. p
us he suDdsyeu,e Of . act is nshsr nor
% ofths provision king sale. his district mdensrnOI
whsa her in other Pst' Of TIE State civilians PeO
il TIE obscion 70 appropriation Of che part
the inebste Aylun sde the ground that tie original
s s sssS b., thai power did Ss n5 The granting
trusted the sssiss liquor dealer. Bosd. Excise spprO
P5ass hs fee. :. ses t1Is e1 deemed me E1.1t
PTogson All had been made BY previous acts Met EI Act s1l
has made be found E the most part in PvOu excise
Po secsa hi. &c, L. 1882 .4s eet "a
sS M 80 l7 tla section IT, For section is Of this eel
sse ID 20 For sections 10 and 20 Of this s. l.
CHIRLEs TRAcY GFORsE Bliss, jr, d Counsel
POINTS FOR TIE DEFENDANTS.
These SIX arred supposed raise al IT,. questions neces
y s eS IF P Gsus 'o N .ssp 5
ps.ssd xpr = 1906 toe Iss Law and tie rsDedie;
to q P y S X. Ss Sa Of sh asS
these arise 70 recover penalty o. SO imposed BY section N
tS OF provisions Of section ID o. the act On the other hand the
Defendants Burke claim and the ind the
the time Of the complained Of they each
sy be license Q ssa strong and sp.sg' quo.. nd i1s.
Legislature York. chapter ga Laws Of 1857 That
the the compniued Of Of
qor purchased BY the parties eT The granting ofach license and
the sheroof and that said license IN fun force and ~
feet uneEFd and Onrsvokd except far as atiemped 70 DO
saRs p Ss Set Of As % The sIsSs;, ss3,t. that an
Of e51 uRdpyoerfy rights which cannot Be
destroyed the that they have
right TO the q this Court 20 restrain the Board Of Excise
Of their nights.