New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-12
kNCIsE.

I ie CO ses of Ketcham and Devancure came up yes
rday morning before judges Gilbert aud Lott In the
Bryn Supreme Court 1t was agreed to argue boh cases
eether to save trouble. The following an abstract Oh the
argument Of District Attorney Morris Tor the cohsuo"
Of the INV The gentleman said; .-,..
The anncart was arrested for selling strong and spuols
liquors Hho1tF license aud taken before tne is
tra., i'm pnrance Of the law regulating the SAFE oil
eating liquors within the Metropolitan Police District TiS
in oay anon this charge aWrt Of habeas corpuewas snea
oat in his behalf upon the ground that e complain, ag
of this State That this act undcr which he was u va
unconstitutional null ard void lhe Only qnes,a2n sn
therefore Ia the validity of such imprisonment whleh h'oes
the yadiiy Of the Act to regulate the sale OF NO
lquoTs within the metropolitan Police psle' VI ''' " "
New.York" passed April II, $780, . ,h rvo;se
~ District Attorney here gave an anas hs hxeie
law which be said had been set aside Win a te phny
vie which magistrate wrd dispose Of ease Of petit lar
ceIy Notwithstanding the fact ina, ,he our e oneyoo a
II the aboutone ka the number OF ass
before the magistrates on ASndy morning ~ "'i' WIZ
previously, He then continued thus;
worli remark IN une that the onjee9ra urged against
The VALIDITY OF this act If sound e1d iSte ~ d not
sion that there uevor has been Va Id Exce G fonr
withtandng Courts and Judges since inc pg
have aserted and affirmed their bud force 10 deny such
legislative power Is 10 admit that the 't 'hic INV
the yery object purpose and design OF us creation
For all tho purposes 81 TINS MBumen' Wy ~,
legislative power extends over all tue Known ana req
med subjects OF municipal regulations uhess t,
some nosiye ruief the fundamental law Those therefore
who rn legislative authority m eonIoers! lnAe upo
themselves the borden Of showing the Limitation
"a In ex.,arte AfcCulum, Oh. j. Savage says: before
70 Ia III Sr il thcr duty TO declare act Of the Les
aiue unconstitutional case must 90 preSo's W "a sesH
The Peols Lott Senator NOV an % So.i ~
Tse presumption Is al~ay ,S s 2b
THE act is o0nfessedy within the eeheIsi seulo
tive power be held valid aud Operative unless sho]n
~ m an ect which forbidden either IN express
terms PLAN and yiouS npc Iii0D Dy be osI INV "a
the state All laws presumpyey constitutional me
Governor bpfr he approves Presumed 10 take The hsh
opinions subject particularly sLth e IistOn ns
ben raised legtve debate anteceden to me passage OF
with ms act sec
of March .6 and refer practice Pdssin lie iol9"ng
additiona illustration Of the tbrd point VII s1hce Judge
Fdmnnds IN GJewell agt The People ". y oy) Quoting
the sentiments Of Mr g. Marshall he s,ndi enc, UPON
examination thoroughly Imbned with tho Pne that e
OF determining that law u VOID by reason 81 rs eh
the Constitution is at all times one OF eX'IeDe de
that It ought seldom II ever 20 DC Io1e ~ soau.
cae ihatit not slight Implication ana vague CONJECTURE
that the Legislature is TO be pronounced 70 have
s powers Vietchcr agt Peck ~ Crano' t-eli 'na. II
is OILY in expnrs constitutional provisions Iin
ing legislative power and oohIoIlnS t1' lemPoi
airy will oi a mai rity by permanent ana paramount
law settled 81 L5erae wisdom II the neon that we
can fad safe and solid ground ioI zoe ~
Of justice TO deeJsre void any eesat y c",h
ag Van Suiny. 20 WenG., s9i that IN cor sruehg the
tnguage of C0nsruiion We nave mo- lng 10 DO win MsL
menis 40 iHoonocn@N Tor the pufpose o. s s's u
tracing Import The OILS sound prine ' Dein 10 df'ia
ia Ter scripta follow and obey tgpe ast MoIfH Il
Wand 1906 thai ere IA no safe e ior ,ols9ins ,pe e1
limitation Of powers IN Conuirl' olhsI tnhH 10
given by the of Tie instrument "ch coners the
taken In connection van INC puI9,ts o' % ~
conferred Gibbons sgt Ggeln, WheA Iecl ava ha the
.eh that the udre feels and conviction Of their
with each otier @ Crlne itei Cover ol
aetcr of property as sh epugnant 10 the undamenn
law Ofhis class tho act II s5 commonly ened thc
uibiory but smrIy seguaoryi md the opinions In the
1oYrbec and Wynehamef eases have y, hbnoaoh ~a'el
10 ts law In those casss however tie legislative power To
mas. regulator Iquer iaNs ID distinctly acaed (J n D.
L. SCI The act simry 40 act OF leIl po 70 s
throughout is ~ harmony VEN TIE pneies l,elea ol vac
United +iaies supreme osst N he tse n,ysrisp srci ~
threatens disorder 20 The comIuniii y criminal
ndui<ecc The old Of She law L. tha cry ma1 shai
LmsefOr his 10 infringe
others nt those rights Ihis act has WAGON fegu
and proyoh al in harnory with the object bought TO be
obtained First; r. says no man sAa sell liquor II Am II guam
titles without obtaining permission llder tle Jaw W o 10
sS q an article 80 liable 70 lead Tmnl indulgence and
those who DO sell thus better restrain
ball Of police regu op Sespeet Slnday absert
the oosmon law ofthe lad Per Jse Alenin
The People agi Lndepmuller 80 Ban H. 90, lney shal
not disturb peo "a the enjoyment @ Tsasonaoe hsss ~
umbcr nighi. and shall not Infringe npon the nsls
parents and children o. guardians and waos OF hh
apprentices aso contains several other regulatory Prov
joins TO which shall not advri ln!s law Is rot inmlchto
he constitutional inhibition against local nan
subject which sh 30 expressed IN TIE ute fH1
Ii contains but subject Tie regulation OF me sae % ~
eating liquors Second-A statute cannot De termed o.
hich provides for the government Of eonderS portion
If the territory and POPULATION Of me slte'
awy "a wei a. the administration o. Nhsm which: !
their operation affect al he ezens Of , ing
Phillips ae Mayor Hilton tsJ se'aen' 90 Se'asn;
mn rS ESQ., &c ifc srcsiion that because The act
penalties and points ont the mode Of enforcing ere
Ubrcccs than OBc HuhJeci Is
herwise it would be neceSsyto emtody The ae or
ssanee In the title; CotcedDg II to 5e ioch aet within
son for lie ntment Of Commissioners TO opea street
the city Of Brooklyn, Or regulate tue Prospect fsis ~
es9t T hike u fn o. ooO,sadsd S Ss %
ofcnses ard declares criminal acts rot moiay wrong
md for these reasons obnoxious TO the organic law IA
md place " il is perfcily Competent for the Legislature
penalty visit acts not morally wrong or criminal Per "
Is from considerations OF morality 1t is not wrong g,r to
mt license is penal oense 1t Is not wrong per 20 carry
stick loaded with lead called billy yet from motives oi
xpedency public security the law prohibits such carry
ng It's not morally wrong for man to support his family
following the occupation Of cartmGn yet he cannot do SO
would have both natural and moral gh to do but Tor The
erants imposed by society for sepoteciion and preiery
ion There can be no society without restraints ana regua
ions The suggestion that the act Is uneonsntuo. anu
old because makes no distinction whatever between
mpa,ted liquors and those Of domestic nnpsfaSare
lbe People q Par Cr H. :e0. In that case Judge
,onrts Of this too late TO contend that the payment
duties upon goods imported from foreign countries operates
WOULD would the Legislature from adopting
be most necessary police reguaona power 80 esscn 10
heir welbeng II not TO their political continuance that
annot be inferred that the ameTs Of our National Cons'u
Again be says The State however, has the right to adopt
enefal regulations IN reference to It's internal affair." which
hall include imported goods oqaal VIM nose OF domestic
their opinion the public GOOD requires It, impose restrictions
pom their yendtion in the instances Of licenses 10 ped
c the Imposition OF duties iron goods SOFA AZ auction hLu
restrictions upon the sales a medicines by apotheces IN
few York city 1T surely can Ne no objection 10 charge
license 10 pursue particular deception that the
rance may deal TO some considerable exteat In
oregn goods npon which duties have been paid IL Is also
on'ended that the act Is void because contains prohih
ion again. giving away ones property aud the point Is ~
lstraied follows wit; 81" might be that person who
refused LICENSE bat who owned large stock OF liquors
rond desire make them present 10 one who had received
license, this net would prevent his doing So Now is
erfecy manifest that the works no such results The
lain and obvious meaning OF the prohibition against giving
uch charging 20 for cracker and giving glass OF
randy with it, and o,Ler like suDerfnges IL tho common
iv right OF an officer 10 without process for inside
lcanors committed their view That Is precisely what
hey authorized do under this act as understand H.
the provisions act" (Sec l0) How can the officer
omply with this provision, except the violation IL commit