New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-15
THE LrQUOH DEALERS AND TIE EN-
CIsE LAW.

!
BOARD oF ExClsE-GEo. W. HOLT CLAIMS THE
RIGHT To SELL srIRTUoUs LIQUORS UNDER An
OLD LIcENsE--HE WISHES THR NEW LAW 10 BE
DECLARED UScoSsTITUToSAL-JoHs GRAnAMs
ARGUMENT FoE rHE PLAISTiFT-TnE plTENsB-
ADJOURNED UNTIL TO-DAY.
The case of George W. Holt ae.. Jackson s. Schultz
and others up Common Pcas Chamber before
Judge Cordozo YESTERDAY The court room presented a
crowded appearance unusual 70 it. quiet precincts ing to
the that motion 20 be argued Tor injunction
against the Board o. EXCISE &C. restrain them from
rng with the business Of the paish IN Lis business Of sell
The papers hor the plaintiff were read by The
bin OF complaint sets ont that the plaintiff wns dolly licensed
by the old Board q Excise aud that bis license doc rot expire
uu; - DAYS after The second Tuesday % May that be- pad
license fee and arranged bis business and laid leavy
stock Of spirtuous liquors relying his night carry
such business IN The way he should choose very large
ana profitable part Of he business was carried on after y
SS S1 vii vol lin s great aa and fcPaaSe injury that lie act
Of the present year pnII2ited % sevoLe M sste a
DOPE under coercion and tie fear that unless lie accepted
hs place wqgi Be closed entirely eni further hat he fears
Keep place open aer o'clock Under bis Old license
lest the latter license be revoked and biz business entirely
closed under It's provisions The complaint then proceeds with
proper aveTmenis to ofng IN Superintendent Kennedy and
ash. Judgment that be declared unconstitutional
and void and the defendants erl,ned from interfering VITA
An AFFIDAVIT q tie plaintiff s added the effect that The
night business is not capable OF arLmeica computation. but
that his receipts months before May s5 per
in good ath to test consiiiuonay OF the law
The defense pat in an affidavit denying any COERCION ana
setting up the voluntary application Of tie plaintiff for IL
cense
ago this law had been brought TO him f hs opinion lie a
preached the question with much doubt as purpored TO
have been submedt various gentlemen who PROGRESSED 10
have examined provisions and have to the conclusion
that violated provision Of the Federal State Cons,u
ton. He had examined II, and had come 70 the conclusion
which strengthened that IL violated both Aver
consultation had been decided that this action should be
brought and the complaint drawn after consultation 10
the question The plaintiff being Of the largest
dealers thought the person TO present The case There
advantage Of his lsbos and brought suit on his behalf He
thought il would have been becoming IN him 10 have
the other side had yesterday in the fak secuted tie oh
eeton TO the law lie thought they would find that they bad
them 10 treat with contempt reasons which had
induced the Court TO grant the grave and important
thing which the plaintiff complains Of !. the
hours during which be was permitted under the former
which right lie had paid valuable consideration That tie
defendants prevent him iron acting under his Old license
cation and that II is important a the Board be not allowed
TO hs effort TO establish ms rights under the former law
asks the Board be restrained from deprng him Of this
license which his property Il valid pending this action
has right TO have protected pending The action SIR. Ora
nary INJUNCTION yerdHfe lite lie claimed that the law Of
s66 violated the Constitution of the United States providing
that STATE shall pass any law impan ing the obligation 81
contracts That this law in repeating TIE act Of s37 ahd
making msdemeanOr 10 assert the rights aired under
that oct had impaired the obligation Of contracts state
could contract with It's citizens This was to Judged by
the Supreme Court Of the United States and that tribunal had
in fact decided that legislature might bind the SaIe which
represented IL was not necessary that such law should
direct Tha be decided by whole scope
and tenor Of the law Here the made under
the law by the agents the State the Excise Commissioners
franchise cannot than grant o land be taken
by the state except under the right Of eminent domain. IL IN
equally safe with OF land and deeds from private nd
yidnals. This law takes away the whom thew
have been granted licenses 10 besow them them picked
body OF men selected by political board This franchise was
much property bank charter Ii was like public
Office dcpt tment Of the State He quoted and illustrated
this proposition nom numerous authorities Here the state
had received consideration for the license and by
this law deprived the plaintiff Of his license without
turning him the money be had paid for lie claimed that the
law was not only Invalid on this point but wholly
sutonal aud void that IL void under the constitution Of
the State first under the article that person shall be dis
anehsed deprived Of any Of his rights except BY the law
OF the land Second, no person shall be deprived OF
his life liberty property except by due process OF
law The law Of the land and due process OF law had
well settled meanings IL did authorize Legislature
declare crime, and then appoint tribunal to II out
IL be the preGKisting law. The State New York in
June. 1865 granted the plaintiff the right sell until 20
days after tue second Tuesday May In ie66 they only
took by this act this rTeyOcabe grant but threatened
right Mr. Graham quoted large from the opinion OF Judge
Sclden Of the Court OF Appeals what by the
law OF land and due process Of law IL required judicial
trial to deprive any man of life liberty or property This
pels their extinction without Judicial inquiry and r.
therefore. In direct cOntrayeTtiOn Of the Constitution
a depyton OF property Is as much within the meaning Of
Tue contribution total deprivation II be said that
tins j. only regulation and not q deprivation Of the
right but IN the first place be could sell without
taking out second license and again II the Legislature
could except minute from bis vested rights where
they 10 stop thew could take tley migh limit
him TO one minute. They might force lin 10 sell at tines
"Heh tAe INlegeWas useless lie buncpe OF tIoIFd 10
". l9ad bejnI9ted here The plaintiff NAG bought 0es