The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-24
4 Argument ON the Dem urrer TO the Indict-
ments for Violating the Excise Law
Points OF Messrs. Brady and Hall.

COURT or GENERAL SESSIONS.
Before Recorder Hackctt
The argument the demurrer to seven indictments
found by the Grand Jury alleged violation the
else law took place yesterday.
Mr.. James I. Brady opened the discussion and said
that the Excise law misdIrected In its tte for 1t
in act TO regulate the sale Of liquors
within the Metropolitan district, but the contrary
act either Of regulation or prohibition extending
70 tho counties Of Kings, Richmond and Now York. OK
Guiding the county Of Westchester II equally plain
chat, being local law, It related 70 great many sub.
jects and created offences unknown TO the law
before. There great mistake in the public mind
arising out Of publications In the newspapers,
about the effect Of Judge Cardozos decision He had
NOT declared the Excise law TO DO unconstitutional but
hs had simply decided that man who had license at
tho time the law went into OBJECT and which had not yet
expired could not be Invested Of the right which
% oounded shs the II ss STAT.
chat should be disranchised deprived Of any
law so snS h. hss The
right Of property 1t Indispensable TO the enjoyment
q properly that party shall have The power 70 dispose
In providing that the man shall have ccnsc He mr.
gued that the Law unconstitutional because the pro
perry Of all who should happen not 70 DO licensed
under The law, consisting Of liquors OF any description
would be made useless and would be destroyed. The
dispose O Il or 70 give il away He Qhc speaker
sdmlt,ed that the Legislature lad the right to pass
u
OF quor in public would necessarily lead 10 in
toxicaon vice and TO the destruction OF health or In
this leg station 70 aim al the destruction Of the lraic
Such ments nagtious and despotc and II they
were enacted in Europe barricades would be erected
within few hours Tho American people were the
most law abiding and submissive on tho face Of the
esh fbe counsel further contended that the Excise
act void because IL undertook 10 confer legislative
authority on the Board Of Excise. The Legislature
provaed 'hs. none should engage in the sale
ter A man could be q broker, q lawyer
without Law ng certificate Of moral character, but
liquor seller must be provided with paper certificate 10
that effect. The law unconstitutional. because II
prescribed that II sold five gallons upwards the
injured aud he could drink until he was as drunk a.
Barchus while the sale OF n small quantity was an
offence The counsel further contended that the pro-
vision prohibiting the selling giving away OF liquors on
Sunday improper, and affirmed that there was no
authority In this State to sive any preference TO any re-
servance Of Sunday The Law improperly invested sher
ms and large number OF minor Offices with the right TO
make the statement OF any person After
further observations Mr. Brady concluded his argu
ment
Iaborous professional duties he unable TO give the
nov Excsc law such careful examination AZ 20 enable
h% to make an sou h
Mr. Tracy, TO reply q, length 70 MT Brady while ne
would content himself With submitting few points
The following are NJ. Halls points,
pssrnsrn 70 spicrsExrs p.r,,x
IN, P 9. yeo xvsas. s.d H. &C.," for s"s os
sS nssy s.pS unsp..d Tor .-ns o. sunday
9 gos ss.d .ss %ss.e law unconstitutional
Sssss crsspls y. Hsasssos ~ y Les os'- iss' hns
%s tp"ass,suson be literally holding
~. sass q statutes rs'ps w. o.'s' 'ops
In sonssSias Consultation. the Court have n0,heG
ss s q ssss.: !: b. e: y ssss
ssss 70 dT S..: = r .ao so,, % hear o.
tss: !, nj. gi ,s.., 2 T ,S.
ihs people 8, re bsns1s .. censaona The
81 sS,' NJ .s:a r: 4. =:
& S.l si lisa sss =. s.r. licensed and o.
AZ Ssss :;, ~,
Hss. sl.a s'S sss.
have .ss s' a. sSss so
. ss:s ~ sss sSa =
q srr SsS.ss .sansh ana s,eruiss
NV Y e 81 e s srss Ssss ~
ana wyas.msr which dss;s p, s.Ses, ssmse
.yy an ss .s p rd Zee: l ss ssa : "a
.,s + iss .ssgs sss si.ss
"ss ,ss .s Y ssss' Law s. .ss
n'S s 70 mars. , 2, ss
. ss' sas T.s ss :ss" he ss ss q Ss
% NH, .n ss =. BE-. Ne .Sss s.sns
Of The snd ma, ;. may "a az fs ss.s
81 S Fsrns.os sS. natter: q pocs m rssrlI. |.
sunday sss y s.s s.S.,. -: =.
isrpeuRt. suprsns touri Reports ssssnd :, nish,n
ss.ns ssS sSdrsn or susfi.ns sas 10; masters or
sSr. this isv unoonsu,uu onal ssssass /. . 4.
rgrsssns sa, 20 ons sss1ss rssasea s
qaof; sssoud, sssss cannot ss ssr"ss local psS'