New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-03
LAW rNgaLLlGETCE.
COURT or COMMON PLEAS-SrEcnL TEssi-jcLI
Before JUpGE CAgDOZo.
ssrrr A pS

COURT or COMMON PLEAS-STECAL TEGi-jt p"
Before JUDGg CAsDOZo.
TEE EXCISE LAW AND TIE LIQUOR DBALERs.
In accordance with the suggestions made on IL,
tie counsel tc liquor dealers selected Che case .JeIp pa
Drisc0u ger Jici.on :. Scz the question FRO
nplcion 4 Judge Carozo decision 10 those Who haisss
Tre conl mt set on. tins he law i, unconstitutional, &c
has been ucI radi 'l; Che ihiaha properly yessiq
hi. business is abt sJoO tlat he s been - 'ssd ipa
r.s and deprived Il hs propr ani hoerty without tSg
process Of law and la an acton Of sposs VII lot nan
Iac asavit Nr Schulz SCI, ap hat the ac; e eon,iha.
1a1- ana denies t4ht tle P4lI ~. Deeg Hepf'eI o,ls
action for damage, would be ar inadequate remedy or ahs
Narca. Harrt .geas it lie oair.iG kept open l1 PIE,
Suuay last f1r hc sale OF spirts"l gnor wines ne VA
bee. ever chose 20 3D. and tat tie pes,ns i.ie0r
ilc were travellers. tIt residents II the vicinity.
Can ih0sno thst tie place q low drinking htffs
ar roueied b bad class - customers and that A. spi-
I'll IS rot s10O0 lie denies iLat any person uaie bs
rairts property. ist under general orders sbs
OILY person crge Of any place arrested or ory aepse
the lee directed 60 request the person dfest 20 ets
,,o up tie place IN the best Wy tey and Ito h"Js
taken lHays Ct his control hl tbs closing 70
Freltrk Eb.hri, he policemen who arrested the palm
f okeepcr o' violation % The act states i6ei be la ROO
then ocS the store but subsequently returned aud anGisz
one Do the store. closed It as best Do could.
After Mr.. Bliss had read these affdayits.
ar Smytto proceeded that these ntdayts Eers
evl,iye and 0ced facts but rhe adj
atcd them aaa taai ere wa, notas In the case Why no
M III rev argued mat he ,lIn D., IA the business Of sen.
. IA &.
position hcrci lie ask, tie iorfi TO ie protected IN bas'
Tor whiea Dee has no license whate'cr.
The OF Isjs covering the Nh,l state provides for tho
su tel.e hli Goes uo fLfouz; the s;I'' haE01
without license. IL mtacs penal act II Wa nHlwie iof
him ahdcr ilat TO sell Eluor "a pcnl oI,nse.
Trn ly ,ho Metropolitan lloe Act tlr sae q hquors on
sc by e sizing tie offenders Tie Revised Statutes also for
bid It's cxo, OF attce with some exceptions Cor ssc
on sunday and speedily ofDds tie SD oil liquors 'nSsrH
he Police Actf $50 charges them with the enforcement
-. faun.f tfs.
Ihey 0getler DO ppceanA's plain duty 10 Jr.s
person selling qnor "n IL, without license or oH
To procure INJUNCTION ,hey must GET only this
Excise AT # g. bdt tIe Met4Og ltsu Police Act OF r5'
whca questioned he Revised Statnies.
WHAT be ask - Ic protection Ion the arrest which the
liN expressly directs TIE police TO mike.
Asa r nnary jlnctIon 10 be granted to protect
Lot only tue act OF 49, bat Tie Other acts ceG suppar
lie celrls cannot obtain Suca uA llaouon The rule o~
Nj T then proceeded 70 cite varons cases to show tsss
h. such Il e. ~ junction would not ISSUE
The paUt h.d elesry Up that he VISA henos
dealer Ih,y had supplied dee aud shown that he
a nqlvr Ge. lr and "a without any License whatever.
t rtos, M rider 10 call attention TO The fact that Any
nan nom Tie meapet creature police might think
q mgnt under law be arrested and his pscs
4 business closed He argued that thcse sidavts and me
more That it plan from EbslhaIits affidavit dhe 20
c.mn VITO aires) that they acted not under the
Il 1871 ESQ., butCader the net Of Loco Which iAw
ash roce Commissioner were they acting nn'
Ger Admitting that q Was guder the Get VI leOl tbst only
the power fr penalty no; the power q nest
Eut they really rely H. but claim TO act under mis-
monstTOuS Excise Lsg.
Mr. Tracy he attention Of tie Cont that the injmo
police acting under the color tis
law. bat generally ivu arrest. In lac, though 10
words p,nlE said ;s act l. void and does abolsh
OK Is5 therefore ask protection against Tho
Of sj7 the Metropolitan Police Act and all other
There eeion But tie second objection he
III here GsLIuE protection for an unlawful buiBe snS
that fatal 10 Als whole Injunction.
Ills WAS In sue. broad terms that IL wouh pre
vent he Police rom Interfering with tho lainn keeping
bawcy tons ofit y lOicy.sLon
Japs cs'dc1 ~ cd the injunction be necessarily
tepreed ~ me eJnpaiu Ony apilSiug to tie qucs
bIsircssf
Az. trHcy- tfe were anything 10 Interpret might ~
but II uOce l. fhas tpcy IN their COMPLAINT
yehuIe siIte business 1lere is nothing In tnis
complaint whicb could be egidence against them.
They have ha sep cucery egg shells and hsyc
done with great skl u is Subnted taat tue Court vn
Tot protect them business unaW. on their showing
Tue Court took the plpeis reser,!ng tue decision.