New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-22

Of he BL-whoh precisely ne case mere l'oh Vi
other cases cited by the will be found upon careful
examination be either foreign 10 the preeent %
ese 70 be On authority slough the Ieeuy nay nav y Of
allowing It whenever here ct case Tor u be MADE
The second objection taken oy lHe 0e'enu"n's Vou ~
not therefore be sustained.
IL the act Of 1866 oOnstitntOnel 90
Ia IL epugnaDt either the prohibition in the Federal Con-
stituton the supreme law Of the nation winch prevents any
Slate from passing any law impairlng the Obligation oil con
law Of onr own state which declares no
person shall deprived of life liberty property without
fhiok it is opposed boib shall not stop to examine
whether under review annns the unexpred licenses
both sdes coneede and that II does and therefore %
at liberty indiputable Nor there any douo
that If the third section OF the statute be void as 10 class
citizens that IL is void 10 all; because manifest ha
the did not and does not create different
upon some should operate and upon some oil whom
il should not there to dispute that ha
W invsd it such an important part ana lnGeea
which ell the other provisions wonl DC fule the whoie
statute share its fate and be del red uneonsttaonL
views respecting such act a the one uno coh
sheraton sound is oOncusivey established ny "yhe
The sole question then Is did The licenses granted under
the act 1851 such contract or vest sueh gns as
donbt that the Legislature under its naieuabe right might
notwithstanding those licenses have passed laws when sn
regulate the sale of liquor under them buL nave 40 es
ton saying that under pretence of regulation Jaw cannot
be sustained which, like the present. mas the ehect 70
previous grant void. That is not regulation II desuc
shall not review or express my views Of the decisions Of
conrs of other states which were cited by the defendants
counsel and which argued established that such licenses as
those question conferred vested right but were evoc
BILE at pleasure because however learned the courts pro
nouncng them have BEEN and they TO the fu e
counsel for The defendants eonended they dd
cannot authority IN this state where IN
dersaud clearly and plainly decided primer
piles with which they utterly nconste Nor WIZ " Dc
the elementary books aud the decisions of the courts OF the
United states. which were urged upon me by me learned
counsel for the pantif-many OF when near pOnlel up
the question invoved-beeause that the license was g
and could not thus be annhiated can be demohsavu O
the cases decided by courts. , 49,, =,
Before proceedins further ought to remark that the right
of revocation only claimed by the defendants counsel on tc
ground the Constitutional prohlltloh L9s DO "lPl
cauon TO the exercise OF police powers which he asserts he
revocation OF .ne d Of lie n NV dae proces OF
law unless this law be upheld upon the principle men
toned and therefore the sphere Of examination necssE
me OF VI. as irc1rS otber ,se ncc9ec was
o0gfydc within provision the Federal Constitution
co Which now cite are .eefIed 10 simply 10 establish
proposition license sucA contact and that nights
In the OF Wood at The civ Of Rr5oklgn before ciied
Justice Strong speaking f license to II liquor winch had
For this the law required pay aad he doubt
has paid 20 the city and he has d g" 70
Privileges wbich conier long II remains in force
by decision of the Court OF Appeals IN the case OF the
Mayor aet The SecOnd.ave Railroad Company (2 " y Rep
OF 6 reviewing and affirming the decision Of the Gencrsl
Term of the Supreme Court IL TINS district hls point mas "a
NY Judgment been passed and settled so a so for as
a concerned be concGsge adudcated unless and until
the Court OF st resort snail see d. 10 rte@nue us oao
In that appeared that The Common Cocnc OF the City
of NewYork had suthor!zd the construction OF railroad
track IN certain streets oi tne of ana tne running o Cs
upon it, The resolution Authorizing tle grant required ihat
before the permission hopl take eject TIE grantees s9ola
enter into IN agreement with the Mayor &C. to abide by
perform the tguaons and provisions therein contained
nassed by the Common Council Iatiug 10 said rarosd The
suit brought Tensc FOR running the cars
without paving the annual license foe which an ordnance sub
passed houli be paid for every passenger
railroad Opinions that the cense fee could not be
sced were delivered Justices Cerke aud Sutherland Of the
supreme Cont (Sec. - Abb p f. p -6 The opinion OF
Judge sutherland 80 ciear ana eAl.. anu CONTAINS a
guage opposite the plesen than coud
saving look upon the question raised By
a
on or by contract So N ibe present case
the license is prpperva vested ghaud Judge SGthcf
lard SAID that citing Dartmouth College sg' Wood.
ward IL Wheat Ill q" ia As much within tue protection OF
The Constitution other property or hight resting On or
Again, the Judge SAYS: NO doubt TIE City Cooperation
pover impose license Zee for the use OF paoAc car
riages conc ladies' that after having Licensed public
for CERTAIN fee 10, n Sesn 5a no or s r Sna
the impose the condition of the payment u sa add
tions license fee the former Of any cease fee IN
the Latter similar question was presented "a the case oil
Mayor Ac against the Third ave Rarond COMPANY n
opinions being delivered by Judges Parker and Campbell
That decided September Term. 1859 Now II Is
those decisions could only have been made on
the theory the license permission resolution what
ever was termed was contract TSoh could not be IN.
In princ from those cascsi Not at oil Did not The state
then make a contrsc, with the plaintiff
The Legisllture created Commissioners OF Rxcise-it
authorized grant Licenses for certain periods
meat OF cersin Of money and pursuance Of that
authority the State through thus created for
valuable consideration conferred upon tho nntf the right
10 sell liquor for . definite period.
to conceive any why that should bc
less binding deed Of land executed by The proper OFF,
would be why tae siaaarc should or
could have the power annu the and not the other
Whether call grant contract or license Is inma-
te!sL The iatj o. the State for valuable consideration
pledged lan,f that he might carry on certain
business for liked time and ho can no more be deprived
granted fee. The Constitution Of the country
T Of sI saS aaSd by the sac might he re,sd but
pretense 81 regulation oil OF either specel OF prop
cense Is prevented The license itself snnu,d There
ncthing inconsistent with these views sny Of in
cases grant remsined unrevokod NE only be
regulated A for instance IN The Oft cited case Of the
Brick Lhurch AT. TIE MAYOR COvcn whore the
prohibited premises han conveyed % the Plaintiffs from be-
ing used any longer as cemetery That vas legitimate
plaintiff under the law purporting % regulate ,he sole Of
liquor has without compensation, been absolutely deprived
property for which he paid the state valuable consdera
The Injustice Of any other principle than that which havs
menbered that il the Legislature could destroy the uucKpfed
term 81 the plaintiffs License when had but sixty days 20
run might equally 10 day after granted and
without returning dlar OF ae consideration which he had
pait And II the Legislature may thus to-day deprive TIE
plaintiff Of one species Of property may tomorrow IN SINH
iar manner deprive other Of another Ieces There
would be % limit 10 rs destructive power doctrine Wch
might lead TO results support conduct unaiI aud
dangerous 10 all citizens should not be sustained
upon tie most explicit a1dcaons Of colfts whose authority
Is binding and conclusive.
ang them iurihe or assigning oeT reasons winch also con
my mind OF its uyadity feel constrained 10 declare
the Act Of April H. l.J6 unconstitutional aud wholly void;
and therefore the mooa to continue tue Injunction must be
granted.
Tie acOn 10 test TIE License law was commenced NJ
the nstgation the advice Of Walter w Price brewer
in West Tenth.st The matter will OF course be taken TO
tie Cour, OF Appeals.
The ESroR ENEST OF TIE LAw-THE RAID o. UNLICENSED
vTSDERs
At early hour yesterday morning the Metropolitan Police
resumed raid upon those unfortunate liquor dealers who
had failed TO obtain al Affirmative their applications
for the Board Of Excise Large numbers
taken various Police Courts during the morning and
fi.ot fhad eof.
Of Judge Cardozo pronouncng the law unconstitutional be-
came known throughout the city and Of the Police