New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-15

with tn. understanding and permission from the State that be

Nth m, and permission the State that be
should be allowed to sell without limit Inc otate ea.ho.
now refuse tie 20 dispose Of that property IN that
waY No discrimination Is made AZ 70 property purchased
before May 1896 md bought afierNar lhs law IL beHa
respect civil laws that may stand IN part though part DC
ueSo law n void in part Wholly void Counsel then
and described the Of 1855 which was declared nnconsu
tona by the Court of Appeals 1t clear that 1t the
intent of the Legislature make distinction OF classes as
between those who held and did not hold licenses on the ISL OF
Nav ls66 That intent substantive part Of the whole
scheme Of the law il precisely the as was before
the Court Of pneas under the law Of e5 the case OF WEN
hame e. The People from which Mr. Graham quoted largely
Delicate position Of the Court may be- in undertaking
that the Legislature of the state IN any oil us enact
eyed that il will meet duty boldly this occasion How.
much pleased those who claim for themselves al e
morality OF the community may be with the present or any
other law which restrans aboshes the sale OF liquors IN
this State the policy Of such laws Is more thah
Ii wond look though the law OF 1880 was really meant 70
obroeAe the dealing In LIQUORS retail altogether IL com
mts TO Board of Excise discretion 10 grant licenses 70
whomsoever ev approve without making 1t obligatory
upon that body 10 grant any licenses at ALL They could re-
issue any and yet be subject to no legal compuSn or
liability. They commission whom they please, ana SIN
their viii is their only law Phianhrops If they are the
who feel interest in the condition OF pubic morals
and desire the existence and maintenance OF sueh Jaw" as
should reflect whether IL is better produce virtue IN the
fellow by acting upon their bodies or their pockets than
upon their There are certain indugences from
which human beings should be p,rsaGded to refrain not
forced reformation o. the public collectively and as
individuals be very much called for and desired.
Certain vices however better controlled II social inter
permits their qualification in public than by being
retired driven into privacy There some probability OF
an individual who has norduate fondness for drink,
being restrained he yield 10 his ayore passion IN the
presence OF he teo" beings lhere IS nome as 10 one AZ
lcced with the passion who is obliged TO coniinne IN
vice which tho law does not allow him the oppor'
tanty of INDUCING in pnbc While we do not intend 70 with
stand public sentiment If II he's set itself against the une
strained right to sell luorHhie certain amount OF defer
ence is ever due TO gha said 10 be public decencys the
suggestion of place improper that the passion,
which he soeaed temperance men seek to eradicate may
pose attaining end. Looking upon the present law
fnaca in ITS spirit arbitrary IN It's provisions and unjust in
its consequencesa likely sooner or later i political de
genercy keeps 10 become mere source OF patronage or
engine Of oppre.sont should IN our Judgment be
promptly nuled this unless its validity dis
incgmbered Of every doubt
Mr. Charles Tracy answered for the defendants Much Of
what bad been said seemed 10 be intended for other
audience than the Court He alluded those parts Of the
speeches which might have been better addressed TO the Legs
aufe considering me passage Of The law thon to court con
sdering its construction M Holt in this not in
the position OF criminal wagug hs strict legal rights but he
10 ask Injunction Court Of Equity MI. Holt
had voluntarily taden ont license under tie new act and PAID
for $3.50 II hard TO see how IL any more formal way DC
could have surrond red lis contract The State OF NeWl
lad their side Dissolved the contract and the plaintiff
a side bad accepted that dissolution 1t was necessary Tor
the paaf 10 establish not only that tho contract could not
be escudcd by the state thar il could not be by himself
and the State There vas broad difference reeuat
ing and taking away properly In the case Wenhamer the
question whittier that act destroyed property.
The Court held then that prob bton OF the sale OF the ar
fact destruction Of property Throughout that
the distinction was taken between prohibition 2, de
stracton and regEaton Regulation OF the business hld e1
listed this Tor the la century aud half The oppo
site had eontended that excise law could be valid
Political parties must make Avs MS eOnnte hid no party
He bad often wished was IN power but be Fever expected
they would be- submitted to whoever elected 1t
j. agreed that this net does put end to the pnin unA
pircd license Nothing be said against the power Of MS
Legislature 70 cols except lnGeT this clause OF the Cohs
ease Darnolth College ease several species
named which not included in that pro
vision Of the Constitution leegse s by lt very nature
reyOkAbe II u j. contract, Is contract reVokdDie by
Of New York II II could do that by its agents
could DO II by it, Lec-luTc lie insianced various cases
illustrative Of ias principle
Mr. Tracy then discussed thc constaioBay OF the law at
length after which the count adjourned to this morning
10. O'Clock.