New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-22
Thu EXCISE LAW And LIQUOR DEALERS,
judge Cardozo Declares the Law UDeonstitu-
tiCnal and Wholly Void.
D license Declared 10 BIO o Contract Not
ReyOeable.
The Injunction On the Board Of Excise
TTade Permanent.


Of Holt agt Schultz favor of the plaintiff 1t will be
seen by peusa Of his opinion that he bases the decision
on tho ground that the act lie whOay vOd, being IN
some proyisions unconstitutional. The following is his
opinion:
Holt sgt. Commissioners Of Excise, &C.;
Immediately submission OF tins being convinced
at very little thing could be added to the argument oil
tbe distinguished counsel for the pantf and being informed
by for the defendants that be should not in
She agt parties further any OF the
points which had been discussed this and must add
thai argument already made had exhausted the subjects
and the being OF great public interest and import
saee commenced the examination of the matter, putting
engagements and deyotng myself to night
and cay except when actually occupied COur but intend
ing nevertheless withhold my opinion until the Fax
finally submitted But the proceedings before
The magistrates yesterday TO demand that there
further delay and that should make known the
results of my nvese atoms and therefore proceed to ex
press my views follows;
the 18th Of April 1866 the Legislature OF this state passed
nhw ,obop SIC Of the Laws Of ls60 entitled An Act TO
tar Pehce District Of the State .of NewYoIk by third
section Of which il provided that Prom aud after the t
Metropotan Police District exclusive County of West
chester publicly Keep SELL give away or dispose OF any
strong spruOus liquors. wines, ale or beer IN quantities
less gallons time unless o be or they may be
licensed pursuant to the provisions Of this act and may be
The act creates Board Of Bxcsepoints who be
hsensehOw for licenses shall be made AID the
requirement. enforced ey very ppgo So sn
violate the foregoing provisions Of this % some
ofwmch have reerredsha Tor e9eh ohehse oe EnlG Oh
misdemeanoT and conviction shol DC punished by hne OF
Imprisonment both. Tie act contains many other sections
tAe oonstutiOnay Of Of which disputed but IN the
then.
Hnder Of the Leg ature OF April l6 1857 CHAP OF
p 4O5 and conformity with lis provisions procured rom
Comfy Of New York license as an innkeeper strong
'front.' he Of
license should expire by operation OF law or be revoked Tor
st section Of ths act IN licenses when issued shall be
force less revoked mt ten days after the third TUESDAY
The Civ Of NewYork until 50 days BY the Goth
section which alone night of revocation the Court
Of Sessions authorized in certain cases and upon notice 70
the party Enquire the circumstances and
revoke license granted to person yoltung the poy;
be exercised in the manner have mentiOneds reserved by
To procurea that law the plaintiff paid the
Of $50 the amount required OF him BY the then Board OF Com
ty conferred by the second section of the statute More than
month, Of M o xsT n and In no proon for com
pensaton plaintiff for The loss Of the nne1ped term Of
in SAVING tho rights Of persons whose had then
expired Under these Circumstances the aDtf has lied his
toned and charging among other things that the faith
the license undr the Act OF ne had oough Large stock
Of wines and liquors cansdeia1i; portion OF WEI ye,
mains upon ms premises aud unol-hat he wishes and IN
tsnd to exercise he powers ana g To me es s are
Notwithstanding the Act Of le6 and he insists that the
defendants OF any Oh the1 wbo are charged VIII W. E
ton Of the astmentoned statute snouid cause nun 70 e
arrested they may do for each Violation oil Us PROVISIONS
s-:~a,e mary siaas laJ NY. ~
.eIisIsnce win .oe I ~ rrsnoncs ~ ~ A ~ I-fS
grantee by and argument has been made by dsn
g o,sIS Sns J ia sns1t in he seton 49,
WIZ es lSSsIoA $1,000 =, dans ~ 20 ratsJ "a
meESns'I1 l mVs e aS ,sOo nv V indcjsl
pieyuuoe - a f 81 80, -, ths rss,,srs
os1eS,si havs INV w. AMY AM tSe so,I,t az
sss smaTIs Ticb made on another occasion vhen II was
o., -, ea,,s;n rier 81 Isg.i n,on.itinn rond
ss,sfy the nnhc SAID then and saw now the ouesion
i DOT what viii satisfy public what does Law de-
that is the law and ours is a sw abiding community"
Con.deraons OF pocy must be addressed 20 the igis.
, ~ vhs 10 sye CHARGED With The Guty Of erronoS
;, n"n,I1an, avn s.c-eSr atI;esed 1nsrti Nv 20
sseean The Law according 10 nv best Judgment and when
sscsi ,s ss q. ~ .,sion an in97is,ix boud t IA
r1sre il Tbsteye+ II or its eonseouepces NAV be-
Three princinsI oSestions arse In This case:
FrstWbether The plaintiff has such an interest a, entities
hin TO a standing in Court.
ronrste and o and most Important whistles tho got Of
fs66 is unconstItutionai
cce"tns cens Under the nresen act has rrpdsred spT
rights be- might have had under HE previous license and that
be true that he must Ultimately be defeated in the suit the
reminarv iD,uncfon sboud be dissolved Bot cannot con
eur s s SS9S T the Ipi . any any SA
] ,ssase s nv the nlsin, nor Thai the license
Was ever delivered up TO the detendants
ine- its Surrender from the mere fact applying for
able The ulsjuTs application under the new statute was
MOI incomne with an ipenton 10 assert the VALIDITY OF bis
desroyed by the recent legislation he
needed new one II the new statute were void
NOT gtvs il vitality He yrOud nothing q
void law, but he lost nothing by taking that which
x1rble.s Besides In one sense the application
Hene was as the complaint charges compulsory because
TIE constitutional which every law presunpt5e
do uof wish to sacrifice the property which lie bad
purchased TIE faith Of bis license under tue act
ch 10 continue The business he had established He could
not be required 10 determine the grave question Of
eonUtionaly Of the statute and the fact that he
4 q