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

~ a. ,r a. know has not been questioned is not their
sib,l1fo Judgment entitled 20 great consderahoni -
,,iDt-et,s fcla Inst sncb license wls net contract
no argument AMI Illustrations ~ coanse 70 Prove ot'
cI az no plaintiff founded alacy. license entlor-
gus person % retail sIirtuous and ntoie1nF AI-o'
II bears no resemblance 70 an act OF Incorporation ~ wAe
in consideration q The Supposed osneI 'e the pune el
snsI The statute regulating licenses has very different
e ard nrrnose II was intended % restrain and prohibit
the ndiscuua,e sale OF certain articles deemed 10 be in
Irlons 20 the welfare Of the community Tie eeC. u!
cense was merely permit person 30 cary on the trade
under certain regulations and 70 exempt Ian from The penal
les rroy ded FOR unlawful saes II heefro contained .0le
oflt elrfs ofa contract The paid for Il merely
nominal And there vas no agreement express OF iIphel
The Court held unanimously that s1ch license could DO
snhuod whenever in the Judgment ~ tte LegarIe re
sooe orTfi unu " ,hf HnS.ee tIst ~ Gciiop
made Judge Badys Court Is ana that the argu'
nent Of the learned Judge who pronounced g. wherein b
principle with those Of tia defend Ms IN y v y y ~l,
IL nntenshe Tho Suprome Court decisions Of New II1np
shire and Of Ohio equally pointed upon tbs question and
in 10th Courts has been held that license not contract
Tic learned Judge WHO pronounced the decision in the
q Holt anst the Excise Board staes 1t as his opinion tt
this license VAS property lie does no slgee! any 4Ie &
suggest that the person licensed ran sell OF assign ms u
o. that his creditors can attach u under any
stances that Judgment creditor Ti'h IN execution i
tnned unsafed reach by creditors bin or by proceed
ing supplementary TO execution or at on we
licensed the license would 80 20 his executors or ol
istraors and be assets in their hsrl Can anything he
property in tie eye OF the law 10 when foNe
II the question Of the constltuoray Of the law depended
Siv on tbe decieion ~ The ouestion , her suc1
is a contract which under the United Sa'es Constitution
State Legislature could not annul would TINS oaa uesee
for continuing 70 act under inc Jaw 20 Jar ~ ~,
necessary TO obtain final settlement OF the qaefuOn Of us
pnt srposo 4 sboud lie held that persons having te
LIST OF May une1p PRED licenses might sell under them Whs
80 N sfie he third Iuesday in NAV and were few
10
in omen defiance of the statutes the Wou tbe whole
set necessarily be void even assuming that the Legislature
could anuu the unexprcd iccnsc'' u u not fniar
principle that parts statute be constitutional and
Other paris Of II may be inved II Las been held with refer
eco "a 1oise statutes that the constitutional anl tho
tutona provisions be contained IN the same
section and perfectly distinct aud seplrae 81 that the
frat NAV stand though the last fall The point il not whether
they contained IN the same section ou. Tltle ey arc
essentially and nseparaty connected In substance (Com
monWealih agt Hitchngs, Gray isz)
SUPPOSE the third section Of the new Excise Law lod been IN
this form VIZ: Section From aud after the lst Of Nay 1900
10 person though holding uneIped license and no person
lot holding sucn license shall within me sara hsol'leh
Police District exclusive Of the County Of Westchesier pnD'
hcly keep SELL give away dispose & any stTons of %
ons liquors wines ale beer quantities less than Ave gel
Ions time unless lac or they mas be licensed
the provisions and be permitted ~ H. oud
there be any difficulty then 10 holding the provision as 10
persons having uneHred Licenses Imperative on te alp
tion that would De aunnlcd by the Lega
and holding ne other 'adt Is tA,le 4l oe
tom Assume by way Of further Illustration that Tie OBJ
lection taken by the learned Recorder 10 the words pub
licly keep m mt section Is a.--I, s - W.
difficulty in holding that part uncon' lililoAtl ana
the parts valid III there ~ rOt then j. u ceI lat lhe
Who'll section IL void 6nd tie whole act void merely because
there unoxpred licenses on tie LET Of My even
assuming that the Legislature could not Gunu them is 90
clear tie whole void that the Excise Board should
cease suob and that sAonl not review the defs
ions declaring the act void ooncede ta II should treat
the decisions Of the Court with respect and that should obey
their oders should act Of contrary charsc
ter. And Judge Brady, H. friend, o. Wen
the reputation Of Judiciary, and as one VINO be
eres whe Judges and courts 70 be oote
all regard for law order justice vii have ceased also
that nothing viii be done by the Board Of Excise or b the
Board Of Police with NY concurrence, that may lead
10 spirit Of insubordnaion" Witch any good or
inst mai shord regret n these remarks have carefully
absained from expressing any opinion Of ny own lEold
not be despccl do that the most courteous
terms though might have the oleares convictions that The
decision made Ny wloe object has been 10
show Judge Brady hs friends Of ibis BoaId have not
done anything which furnishes for separation nor
anything which deserves Judicial anything 70
that eject and hope that when he neat expresses himself
iudcay concerning the Excise Board lie will take occasion
intend 90 tho Board OF Excise
for sbandng for acting under the law long As hey
respectful subordlnsion 10 Tie decisions ~ the
judiciary.
The Board then adjourned.