The New York herald., 1866-08-03
The EXCISE LAW.
SUPERIOR cuuRr-cHAnBsas.


AYvlssas'on Tor an Injuncf::.-.-1 In the Neenc
. ~.,aw, DC.
Aua. 2-Timody Moons o. The Board Of Escise Plain
~ In this case is liquor dealer aud asks for perma
nent injunction restraining the defendants from inter-
fring with him. He was arrested on the Goth Of June
Cor selling liquor without license
Al the opening Of the to-day Mr.. McKeon spoke
Sbr over hour on behalf of plaintiff The following
ase the principal points which he eubnittedThe COM
Yhint shows q case or seizure OF PLAINTIFFS property
without authority Of law under the act Of April H. 1866
also Of interference with the trade and business Of plain
en- threats Of seizure and determination Of defendants
10 carry the act OF the legislature threats OF sexa.
ous SUITS 1t charges rreparable injury arising
from the continued threats Of trespass and the act Of
1906 The power of the Court Of Chancery to issue
Injunction such is undoubted II s intended to
prevent vexaous litigation prevent multiplicity OF
suits This power Of the Court applied when the in
jury rreparabe in OF loss Of trade the do.
szructon Of the of subsistence This done in
furtherance Of justice and the violated rights of the
parties The argument that because plaintiff does not
show he has license under the Of 1857 he there
fore violator of law, and has right to legal or
equitable remedy, Is sound II he has violated any
law he is liable, ciyily criminaIly, under the law
Because party has violated rule OF law he not
ureiy without the pale OF It's protection There are
cases which show that although contract In yiolat on
M the Sunday law had been entered into for the hiring
Of house, yet an action will be for injury done by the
party hiring and the principle Of that has been
frequently adopted in our courts Moreover, the de-
fendants clam that they act under tho law OF 1866,
which repeals all PRIOR laws rhe plaintiff comes into
sourt praying for Injunction aga nst their acting
under the law Of 1865 The defendants must here take
their ground that act and II does not lie In their
existence The deferdants are only known as Officers
under the act OF 1866, making their appo ntment, and
none other. The plaintiffs pray for the Injunction on
Vrfln fhal n aff fha
under law which Is unconstitutional and has been 80 de
cared by coordinate branch Of the civil Judiciary Of
this cty, and by the highest criminal jurisdiction OF the
dy Two Of the Judges OF the Supreme Court 10 Brook
Nn have, habcas corpus proceeding decided that
certain provisions OF the act are coDstufienal but
have carefully guarded Their opinions by stating that
- the constilutonaly OF certain sections Of the law
she sections under which the complaint in this Is
framed. The acts Of the defendants are undoubtedly
under the nineteenth aud twentieth sections OF the law OF
1855 These sections arrests by any policeman
without warrant aud also authorize the humbest official
Of the police surnmariy to close tho business OF plain
M without trial without witness without Judgment
1hc plaintiff is deprived Of the Of his properly.
In unconstitutional and void tis in violation Of the
constitution which provides that 'no member OF this State
sha be deprived OF any Of the rights privileges
cured TO any citizen thereof unless by the law Of the
hnd or the Judgment OF his peers No person shall be
deprived VI ie liberty property without dus process
Sf law" These words have been decided to that
10 person shall be deprived of the Of his property
without trial before Judicial tribunal and decision
upon the matter OF right according 10 the mode
and usage OF the common law. The law Of 1886 vo-
kAIe8 the chartered rights tnc city OF new
mo Montgomery charter in 1870 right confined
% the Mayor " grant licenses THIS charter has been
connrmed by all the constitutions Of this State. The
money received for licenses under this charter
% for the OF the city. BY the law OF 1866 tho
hcense fund Is diverted from the city see section 23
and given the state Inebriase Asylum and 10 pay for
she expenses OF other cities and counties Of this State
IL violates the provisions OF the United States constiu
efon-that Stale shall pass any law mpairng tho oo
hgation Of contracts Whatever legislation the state
las had the subject of censes III this CITY until tho
acts OF 1866 il or niercred with The revenue Of this
eli wQe eye Init ha III aturp
eho licensing power political power under the
xo Of State legislation, still the State divest the
cy o, IL revenue. The city uDder It's charter bad
special pecuniary interest in the conse fees and that
inviolabie The gislature OF this State pie.
nary powers In respect ali subjects Of civil govern
mcnt, which they prohibited from excrc,siDg by
Go constitution Of the United tates provision
or arrangement Of the constitution Of the State
Mr. Tracy will argue the today the part
Of the Board Of Excise.