New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-14
EXCISE.

NEUTRALITY-SUSPICIOUS. OF THE LEGISLATURE POR
PASSING oP TIE LAw-TBE NUMBER oP W.
LICENSED DEALERS UNDER TIE OLD REGIME-AR-
RESTS FOR ISTOxICATIoS DURING Ieoo- TIE
COURT OF COMMON PLEAS INVITED TO SIT IN
GENERAL TERM AND REVIEW TIE DEcIsIoS OF
JUDGE cARDozo.
The METROPOLITAN Board Of Excise met yesterday al
ternoon President Schultz the chair After the minutes OF
the previous meeting had been read and approved Judge
BoswOrth and sadi
Mr. President, week ago this day when had the priy
OF addressing few remarks to ms HONOR JuIse a1i,
the presence OF this Board ANTICIPATED tbat peoFe hs
nrr or The eensqre which sought mitigate and hoped
the learned Judge would before this time have recalled but
be has not felt IT his duty % do Tins has 70 me
that ho may waiting and DESTROYS 20 bear again rom me on
the seet and thus give occasion to present TURNER rea
on resr review before the General Term, the decision
which made Hos by his Honor Judge Cardozo.
gives great pleasure TO converse wn one VINO combines
the three qualities OF bene my PERSONA Hieau "-y ~
and an able ard upright Judge hefef re so.c the
ton those which addressed to Judge Brady IN It's presence
last Friday In those remarks called the attention OF Judge
which Il ic,Rse 20 sell intoxicating liquors was
not or property legal coEtempa ion AM could be
lie good would be promoted by such action ne stare ag
Holmes e. " H. $780, the Supreme Court OF AeWhAup sDlie
An excise license j. Issued general laws, which in their
sesia eho1S,.r Gre .ae1es, 30 oe rfse's ~ e al
IT, a.a,e ~ t ton ne w. ss gthe United se
III Him agt State 0hio State r. p IS FOL- D. TIE Supreme
Cont Of the state Of Oaio Uses ms language nancy ,
ofe community not prepared 10 say ha me Leesatais
S Sss been Sn 70 fara Of ihe license oy abuse
b. I.iuaGed a. csse O. 10 rryocstlou"
Is not each Of these decisions authority support o, tie
proposition that license be revoked by STATE Leg
fsture Whenever in its Judgment ihe morals and good ORDER
OF tic community may be promoted by ryoking II this be
So then f. that 20 legaiDg upon The subject no
nit has been aeed upon the legislative power
OF tie st.o which hs been oyetcpped py TIE enactment 81
the Excise Law oil 1907 In Wynohamcr agL Ina People (5
" Y, 4iT Justice johnson saws that
.a &c , . 'g; Per, Ten ne ssd f a. a
Ne pubic %cfTe ~ respect 'h s-t.3r, no eo-
ey snd +, or ought 10 De nrl.ted nS aN.nssng
Iowsf lie to ~ aeous bal be forbidden he
es''ay involve. -.lIen to ort.rT.,sl a. W. y o. Sis.
.rch questions toe Lesa:a wiu rtscrsae power q ne
NOV. both ,ner tier need. il the unae jd;s
Is il not. therefore Gear PROPOSITION tlt the Legislature
limitation OF rs powers' In light Of these elementary
mo, desire o cal the attention Of Judge Brady 20 the pro.
Visions Excise Law of sjand inquire whether u = nrt
q part Of lie itself that violation OF IT'S p.ss rs
shall be sufficient cause for revosing ense which L"s
granted aDder tie person ofenug Tic statute
as tS mi n 5rs sf,sr the bird r1e,iev in NAV ue1t
succeeding granting of sgch license and n the CITY ~
no. NOT bis stsnte to 10 rsyocaoe
This statute also provides that upon any Judgment beng OBJ
tanned asnns person licensed for any violation q TIE pro.
Visions of ts oct The Court Of General Sessions Of the
fndie 10 apper bcfoe u and shell revoke his license Ed
9t5 IS d. a s) s no, of tie 81 ut and essence Of
statute shall be sufficient for revoking the ce1se Anc
not Gc license. by the necessary legal import o iLe
statute granted and accepted subject 10 tbs express aRd ex
pressed condition. BY this Get tie power not delegated 10
the q General Sessions 10 revoke ~ except upon the re-
coyery q the Judgment IL however the IdgasH but
fact established by H. that is the Of forfeiture the
legislature ny this delegation OF power has not d'ested
itself IL the capacity Inherent IN iis sovereign
eeLla,ye authority 10 inquire for Itself into tie
fact Of abuses and violation OF the stalte, aud to
no fluids tho fact Of abuse 10
exist The statute does del re that the licenses shah
continue force during the designated period unless re-
,oked 0s hereinafter provided" bet the language SIMPLY
uncs revoked Does Judge Brady doubt the competency
OF the Legislature inquire the TACT or abuse Gnd VOLS
supec; that the Legislature ny poveing one ode OF ueeia
ing revocation. dyesed Itself OF the capacity IN
separabe from lis sovereign power TO declare oy statute
We have then In the statute Itself tue clear enactment that
the license is revocnbe and that violation OF tue provisions
OF the statute sufficient cause for eyoeatpn mas po
yded mode Tor declaring IeVo'ai'n Wueher the Lekts
atne be in session Bot the statute does not make
that sIcsr The capacity and cuy OF the Legislature
In It's Judgment tie puohc welfare may deAnd are
untraueled Aid II be clear from the terms OF TIE
Excise Of ls66 that the Legislature intended annu all
licenses that might have expired on tie let o. May co0
are the Courts bound 10 presume that II satisfied Itself Of
the fact such GOise and aDnued them for II
that presumption should be INDUCED by the Courts then 1t
not honesty requ ed that OF the
money paid for the license should have been re.
funded on is revocation ihe Legislature, in ITS
II facts FOR the basis Of is action does not
action at law suit in equity or tle thai
ofs fegned seeks information IN IT'S own modes OF
proceedings through official reports through the action OF
its otherwise ana acts upon facts Of which Its
meBfbers hayo knowledge The last annual message OF me
Governor this and tho documents pnsmted TO the
LEGISLATURE with IT, contained the information that IN New
York sud Brooklyn there were IN le0J 20 places where IN
to1cang drinks sold and that OF this nuEber bu 74
claimed to license aud that during year ending Dc
tober 81 1868 the aunbes o, arrests |I ss., Tot,
For inio,cs,on...:...... u,el 4e.6 bHs
drrly eondac,........ Aeee ?45 1911
u.,,,s,,,1....... Ie-3s 7ggi ?3I?e
and ihes' over onehrd 81 the whole