New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-17
LAW INrELLIGENCE.


IN THE MATTER OF JAMES DE vAUoNK ANDJ. NJ. KETCH.
uM-THE ExCTsE LAW, AND THE DECISION OF TUB
JUICES.
The following decision was rendered by Judge Lott
yesterday morning.
It appears by the returns Of the habens corpus in this
Co. tdlt Dc Yaucno ia oly complaint upon oath
made 20 Police Justice Of the City OF Brooklyn alleging that
be- the said De Vaucue did, the l0h day Of July 1866 IN
the CITY Of Brooklyn unawfny publicly sell aud dispose Of
auaatty Of ririuolfluoTs TO wit: glass Of appletaek
whisky oonary 20 TIE provisions Of the 81 and sh sections
I9or, within the Metropolitan Police District Of OF
IN ho return arc denied and it becomes necessary for the
ppr trstaldg aud consideration Of its effect TO refer
20 hc Of the provisions OF the act mentioned IN the CON
me fi section Of Il constitutes end creates persons who
and nom lime time shall be Commissioners OF The Die
tropotu Board Of Heoh Board Of Excise in and for tie
said Metropolitan Ice District excepting and excluding lie
County Wecicser and declares that from aud aer the
P psotH the d, Of Excise wSn sad Nc
iropotsn Police District excepting said County OF west
chester The 81 socon then declares that from ana siter
the la day Of hy isG no person or persons b %inH
OF Westhcser publicly keep or sen give away OF dispose o.
strong piigou liquors wines aes or beer ~ quaint
De licensed pursuant 10 the PROVISIONS oil ts aS ana may
b. permitted by b.; tie 4h section provides that the said
hereof power grant licenses 10 persons
Df good character and who shall be approved by them
pcrmuhng him and them, from nom tie time tine
shall be granted to sell and dispose OF at named
place between said Metropolitan Police District exclusive Of
Tho County a Wcscbctor, strong and spruous liquors,
ICY , ~ aI senss fee 10 he liked in heir dis
erection and which shall not be less than $50 nor more
Tts s section prohibits the sale by persons having such
license Sundays aad also DAY upon Which general
special election uf wnmeetng shan be hea within one
quartet OF anil fou The place where the same shall be sold
1le 6h deDrCs that every person who sa violate
rv Of zoe previous provisions Of the said act shall Cor each
sbai he a5ihcd bv Gne Of not less on BIO than
500 with Imprisonment for not less than 10 days nor more
tnsn DAYS or by both fine and imprisonment and In add
ton thereto sha be liable 20 penalty OF 50 or each ouene
recovoraes 10 eva aeion IN the name OF sag hoard OF ~
css ard TIE -0h section makes u the duiy oil every nag
taie entertain pus oI violation OF any OF ne pro
visions Of this made by person under OATH The sd
section provides Wn-t o'pe''n sh' ~ lsl !. 'e
fees aud penalties expressly declaring tl1l hDthing contained
jn the aci shall divert from the state lnebraie Asylum such
proportion Of license iee =. Is Io~ &c, Ioi s'lu
ZION by sting laws ihe act also CONTAINS seeis 9iofloAs
prescribe no duly aad lstng me eonaaci o. lhe sols
a, receive licenses under the said ac' ard IN reference
70 the sale and position OF strong ana siuuos
ers or member Of o &C. he duties Of the ala act
and conics upon teen oeIten powers ior le on % e
a., iD de-aaud uOu,lad de.-rios tsi oil
and par. q ,ets consistent Se o s1e M 1y % 70 l', i
Mforoan Police District eseep. the (ol1sy o. We'''h''
j. appears have beea posed on the ta gay OF Apn 20
and bad y y,a nave slreaey stitsd hat none OF
r. allegations the return were deuiel ana VIZ mere ge
Al tie time Of .f sac genuons % 'oe con- NV
him he sal license rom any Excise b't ,
' 1901 40 therein was unconstitutional and Wholly
- and sf consequently such sale ga ~, eous an o.
f,F vi 4 lH
5ensS .oi ectious aeeinst the vel ~ 81 49, -
"a sn4ars 10 b spe . c ease before t. lot. It is SAID
That .s -c : ia Violation Of See 6Art II The Constitution
Of the state which provides that 20 prTate or local b which
may psl bs ile Legislature shall emuTeco more a. one
subject aud Olaf ST. d ao expressed in the e Ihs DIGESTION
lt Che alt r question Is 81 ile ielef 10
DO ai section 1ls not warranted nor author
lied by ihe provisions Of he act j. j. IN no sense private
Constitution thet Il ap les in s practical opera
ton a. limited district Of the state but 10 relates 10 sub
,,y affecting The gelego wcae and interests Of the whole
kqio snl no. OF that district only.
A. re ,l,y " mi An Al 10 Sapuess Iatsmper
srce and 10 Regulate tho sale Of Intoxicating LquOrs which
t,,r6n fro the provision OF Tie act ia question That s
gnera scope and oil alter The general as refer
thy are Inconsistent The effect Of TIE change regulate
hsib6Ct vital interest aud Importance TO the whole CON
u10 ~ acts Instead OF one aad u Is substantially tie
se IN It's opera singe aw would be which declared
It be sale of ardent and spiuous liquors ~ Que portion OF
&c Stale Should BE- regulated in one way BY certain resua
n. mi However M s conceded nat he act is l,c one
~ nevertheless valid IL docs not embrace more than one
aubec which Is the reg1lfuon e tie use Of ardent and
lha thc Mcopoln Police District excepting and exolud
the ,unty II siers s different sons eli tend
eh ID refers 10 ii Whole Of Metropolitan Dsirict and
oteaclle tie Coulty OF Weschcster hat omission Is
u ,o * especially relates and toe tile also de-
n general terms Thar De act regulate zoe ne OF ~
n sio Is mol necessary See tie sun Mutual Insurance
q igt Ihe Mayor &C. 4 NeT.! SFe sede9 p ~. ana
y Tste egg C;y u ~ .sense ~ ..yp55.s ~ &C.
= $50 TIE feor lgL Tue supervisors u Orange tV7Niy
n = D~1ffs 80 !. las been decided that u Any sub
\ y, embraced ia oc Which not cztrcssed Ia us THO
Ia loe not render ic actvodi ssu yahd 70 TIC SUB
ie BAD TO- xre.el .slea. ILa IOs1oi Iishti ~. Tho
s. sl lad beekmauoun PlankTcad Company; = Barber
T. 6li lie Pcofi- ast TIE same. q Ibid. P 49, sc
: roo, at Mec.ru. i6N y. Reports, P % &c, wl'-
ene' 81 Bai ~ 10 Sc second / i; cnimed that
ui due c3mpeu.nfOn Such 10 lo tue effect Of - pro
So eresIeaes to tie sale Of liquors specified there.
bskab.tsuilsily tlessue re Old Excise Law, and Is
~ gaieslisilon q saea sale end u = ennnly INHERENT
Che irohhtoTy Jaw osnded An ACT Tor the prevention
hra P,as Pa1lsi ana o EniG wss & %
pe ana The peore agf. royu'ee 3 Herman, ~, &C.
b. deemed Iod law that d competent io he
sgsainre 70 fcgnee le sala and dtp@ioh q spItle.s
qsers That toe principal fully Recognized by tle Court
tiored Jt!rd 10 s Insisted that certain provisions II
tne la feslne the conduct Of persons having hcense
a. 80 s,ed snr place. 10 winch there sa 6oy, bcsu any
violation OF the Get y tie ene Get
lido oo' deem Necessary proper 70 consider Or express
any opinion of Nee qn,sl s I.es liv,sons are ~ 'e
cueson raised br tlc return ir is cese II BE- wen teted
Sst law inyshd n .ons Of provisions may nevertheless
h. vse sna erfsed 10 70 TIE Ies dac The rac that
ao,"tee Kern,n n al n. there ssys the general
a. tSet frre uat Of law in conflict with the
COnstu and that paF eltrey separate from the resi-
due 20 s TIE other portion Of The law BE- esdrced with
-, ,e romeo 10 h there tte part only
vi . eordemned aud IL sad by the Court m Common
vesh at Ketchnrs Grsy's Reports r. 80 hat The
and The unconstitutional provisions may even
bs the sane section ana YET Ne peiec distinct
ssd .tt 40 ttatthe first may stand though The rs fall
Vhe point j. no whether they contained in che
scsn f1 the distribution sections Is purely arthca bot
vhehe hey essentially and inseDaFaly cOnnectedu sub
stance The only question raised ny the return whether
TOE ai- y Of the ardent and spirtRous liquors
nsnii0ncd therein without license granted by tie Com
nssone Metropolitan Board o. Health, subjected hin
Ito sesi and mpsonmenl Tie complaint and cato made
tagAlast him.
sseh sale 10 express terms prohibited by the aci aud il
iescsfd 70 be- ofense punishable By ne or IMPRISONMENT
or bJb The constitutes this distinct and seDaiao Of
tssse having connection with any other; and III the views
h oase expressed correct follows that De Naucne
tprs-iy held custody under such complaint and that he
sss npropery dcfsued rcsfsihed OF BIS liberty
dfafIa