The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-27

present time the best and most patrlOIc use
is to make it an asylum for those who have
suffered in fulfilling the injunction of its origi-
nal owner" The Union it must and shall be
preserved"
The Liquor Tramo Under the Internal
Revenue Law, and Lottery Policies.
An important decision was rendered by JUS
tice Nelson, of the United States Supreme
Court, a few days since, in case brought be-
fore him on an appeal from the courts Of Mas
sachusetts, under very peculiar circumstances.
II appears that there is on the statute books of
Massachusetts prohibitory liquor law declar-
ing that all buildings, places or tenements
used for the illegal keeping of intoxicating
liquors shall be deemed common nuisances;
common nuisance shall be punished by fine or
imprisonment in the common Jail. A Mr..
Mcclure was indicted, tried and convicted for
violating this law. During the trial he put in
the plea that he obtained a license to carry on
the business under the Internal Revenue law
of Congress, and that the State law, being in
conflict with the law of Congress, was void.
The Judge, however, ruled that "the Internal
Revenue law did not authorize the sale of
liquor in Massachusetts, in violation Of her
statutes; second, that even if Congress had
by positive enactment authorized such sale
in violation of the laws of the State,
such an enactment would have been I'M
constitutional and void" From this decision
Mr.. Mcclure appealed to the United States
Supreme Court and there presented his license
under the Internal Revenue law-for which he
paid one hundred dollars-as justification of
himself The question was ably argued on
both sides, and Justice Nelson decided that the
license furnished no defence to the indictment
under the law of the State, and, therefore,
affirmed tho judgment of the State court. In
fact, the provisions of the Internal Revenue law
are 80 plain as TO leave no doubt as to its mean
ing in this respect
This decision of Justice Nelson applies with
the same force to the lottery business in this
State. The same provision of the law of Con-
gress is as applicable to the lottery policy trade
in New York as it is to the liquor traffic in
Massachusetts. Every party or person who
has taken out license for the sale of lottery
tickets in this State can, therefore, be indicted
under the State law declaring that business
unlawful. It was this law that Ben Wood
and associates sought to override when they
secured the insertion of q provision in the tax
bill in Congress, declaring that no person
should sell lottery tickets without first obtain
ing the bonds of the managers Of existing
lotteries It is reported that Wood secured
the assistance of George H. Pendleton, of Ohio,
and through his influence in the Senate secured
| the insertion Of that provision at 90 late .
stage in the session that it was not detected.
Both Wood and Pendleton pretend to be great
sticklers for State rights But what becomes Of
| the face of this act! Here is direct attempt
| to override State laws, as any court would be
bound to decide were the question brough!
before it for action. We call upon Sheridan
Shook, the internal revenue officer who has
granted these lottery licenses in this city under
the bond of the managers Of the lotteries, to
annul them at once. II is also the duty of the
Attorney General Of tho State to commence
proceedings at once against all the parties who
have thus been violating the laws Of the State
and arraign them before the courts at once fol
:. trial and punishment, as they deserve. It d
his duty to take notice Of these cases at once
and he will be amenable for neglecting the
trusts placed in his hands by the people II hs
fails to take cognizance Of them. What is the
use Of having State law, II It Is TO be over
ridden with impunity, without any effort to en-
force it by the legal officers Of the Statef Gen
eral Martindale has the decision of Judge Mel
son as precedent which applies with greater
force to the lottery policy business in thi'
State than IL does to the liquor traffic in Massa
chusetts. Now let him show to the people who
elected him that he intends TO execute the law
Of the State.