The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-22

tonai Is repugnant either TO the prohibition In Thu
| federal consttunon-the supreme law Of shs nS.on
which pre- tents any State from PASSING any Nv LlpAr
division I-or does It contravene tss fundmcsia Law
- State, which declares that mo person shall
BE- aeriJ ,,- !" TART !, section 81 I THINK i
cess o o. % both. The sole question ~
pu ths licenses granted under the &c, Of 1857 create
f,onaIIv be impaired revoked do doubt that
liz Lsg,sA,ure, under It's inaenabe right might not
wthsand 'h0 sspuase the nass
under under them, but have no hesitation in
saying that, Inder pretence Of regulation, Z
Law csnno br sna ned which, like the present. has the
ecct 10 render p.e, ous grant void That is not regu
ation: Il Is destruction Before proceeding further
ought TO remark that ibs right o. revocation only
the constitutional prob bifson no appca.on 70 inc
exercise of police powers" wh he asserts the revoca-
plaintiff has been deprived x his property by duo
process Of law, unless this Law ~ oheid upon the
principle m ntioned, and therefore the sp'ss ~ oasn
nation necessary the determination or me case -
very greatly restricted IL will only be Lsateai @usn
TO inquire whether the license conract within me
provisions Of the federal constitution or propTy ~nn
that of the constitution OF State and the caves which
now cite are referred TO simply to establish the Qropos
CURED under IL become "vesed rights"
After quoting several opinions bearing thfs point
the learned Judge proceeded TO say
Now 1t Is manifest that those decisions couh only
have been made on the theory that the license. or
u
contract which could not be impaired. Othor cases
might be cited Does the present differ principle from
with the PLAINTIFF The Legislature created Com nissones
of Excise, authorized them grant licenses for
tain periods upon payment OF certain sums of money,
and In pursuance OF that authority the State through its
thus created agents for valuable considerations conferred
upon the plaintiff the right 10 sch liquor for definite po
riod is il possible To conceive Of why that
should be less binding tn m deed of land, executed
by tho proper officers of the State, would be why
the Legislature should or could have the power to annui
oil ~ hpry mn call n
contract, license, is imnaerai The faith OF the
STATE, for valuable consideration pledged to the
plaintiff, that he might carry certain business for
liked tine and he can more be deprived OF that
right than he could be OF land VIII Oh the State might
have granted him in fee. The constitution OF tho
country prevents H. aud common honesty forbids il
The use OF H. well OF land granted by the STATE
all use Of either species OF property could not DO pre-
vented But all use OF the plaintiffs censc liz pre-
vented The license Itself is annu!led. The plaintiff,
under the law purporiing to regulate the sale
OF liquor, las, without compensation been alb
solutoy deprived Of property for which he paid the
State a valuable consideration. The injustice OF any
other principle than that which have thus maintained
will become vet more paipabe when remembered that
IL tho Legislature could destroy tho unexpred term Of
the plaintiffs license when had but sixty days rum
1t might equally do day after II granted and
witnot returning dollar of the consideration which no
had pad And, If the Legislature may thus to-day de-
prive the plaintiff OF one species OF property IL may
to morrow in similar manner deprive other citizens OF
another species There would BIO limit to It's destruc
tive power doctrine which might lead to results
support conduct. nair and dangerous TO all
pict adjudcatons OF courts whose authority Is binding
and conclusive. Upon the grounds which have thus
stated, without celebrating them further. assigning
other reasons which also convince my mind OF liz invalid
y feet constrained 10 dcclarc the OF April H. 1885,
unconstitutional and wholly void; and therefore tho
motion to continue tho Injunction must be granted.
Licenses Issued-Arrests for Violation or
the Law--Most OF the Prisoners Held
10 Bnii-The Law I'm brooklyn, &c.
The headquarters or the Excise Commissioners
with applicants for cense yesterday morning.
forty Ave having been issued fore o'clock
At that hour however the decision OF Judge Cardozo
became known, and but two licenses issued during
the afternoon. It that the majority OF those who
have yet taken their license have concluded
to hold back for shor, me to IL thoy In any
way escape the law During the afternoon quite n num-
Der of arrests mad1 many dealers having not .d
tho police that they Intended 10 continue the sale OF
liquors with o view Of contostng tho law Some hold
licenses under the old Commissioners which do not run
out for time; and having paid Tor the same they
claim the right TO sell Tho following u copy Of the
old license Issued -
qs E s 81 E.ss Il" Il. CIV saa
county VI New York. whose are hereuno subscribed
having sSia city -" and appearing by the
said petition that b, = oil good moral eharac.sr that he has
or he actual es a Of ss
a g sell sai i's ard
ss sas Of SsS York paa ISL
ss ss sas rsrs H.
10" . '"e p'''''''"'' = NV 10 ERr y HOLMES.
4. Jay Y'i HtssErr
The application fr new license must oe made imnsdi-
this Sst day OF October 1855 Innkeepcrs oense bond III
THE ARRESTS on WEDNESDAY.
TIE police reported The following number OF arrests up
10 o'clock A. NJ on Thursday