New-York tribune., 1867-01-01
NEw-YoRK, TUESDAY, JANUARY l, 1867

how the traffic should be conducted In 1901 nOt going
Commissioners Of Excise in the towns and in the city
OF New York. TO grant licenses annually to persons OF good
could obtain license to sell by the drink unless he kept
tavern, and had certain accommodations for the travelling
dsordory house, &C. Grocers and others having cense
St Mas o e y % sell aSor to any apprentice or
slave. The penalty for each violation OF the law was
S25, and al violations declared TO be msdemeanos,
punishable by fine and Imprisonment or either OF them,
In tho discretion Of the court before which any conviction
Continued by the general excise act Of 1880 No person
coid sell any strong or spruous liquors or wines IN any
quantity less than five gallons at time without license
and no license could be obtained without giving bond
with sureties to keep orderly house Licences were
forbidden 10 be granted to person 20 sell Intoxicating
liquors to be drank in the house Of the seller unless such
moral chaactcr aud had the necessary accommodations
70 entertain travellers. tavern keeper could only sell
u0r 20 be drank I'm his house. or upon premises; and
grocer, under his license, could only sell 10 persons to
carry away for ench violation Of the law was visited with
a penalty 1t was also made msdemeanor TO sell liquor
In any quantity less than five gallons ut time without
. RceIse, punishable by fine and imprisonment. H.
$, 65 Licenses IL Is true under the Revised IN
the City of NewYor, were granted by the city author
ties, bat perons who sold without having tRe proper per
license wero liable 70 the penalties ana 10 Dc hastea ana
punished prescribed by the general laws OF me state
the Revised Statutes Laws OF 1857, chap 62s The act
provided for Board OF Excise In each OF the eonn-
grant cescs 10 tavern or hotekeepers to sell strong
and spiruOus liquors and wines to DC drank IN thelr
IN quantities loss than five gallons, but not to be drunk
on thcir premises The fee for licenses was to be- IN
towns Villages not less than $50 than SlOOi
and IN cies not less than SO more than $780, and
when acd were to he IN force unless revoked mt 40
granting OF tho same, and IN the city OF New-1ok uhtn
5O days thereafter License not 10 be granted TO
any pei to c strong and sprtious liquors aud wines
90 be drums the premises OF the person licensed unless
moral Character and had the necessary aecomodatiols TO
oatera aers aud not then except ON the petition
district where hotel tavern proposed to be
Kept The applicant was also required 20 give bond,
with sureues, not to Keep dis4rdery mousse Inn OF
hoteAcepore trusting other than dodgers IN ther houses
for any sort Of strong spurious liquors or wines could
store-ecpers others 10 sell liquors IN quantities less
than five gallons not 10 be deemed to authorize the
sale tioeot 10 De drank on the premises OF lig pes9
receiving such license; aud 10 entitc the applicant 10
that kn0 Of license lac was 20 be person of good moral
th2incter, hhd ne was also reguiit9 10 enetuN "
bond, With sireties conditioned not TO deep sOrdelY
houa sr suffer 10 DC sold any strong oT spifitu-
Gus qors or vines to b drank on ms premises PERSONS
selling strong or spi1uous liquors or wines IN qua-
titles less than five gallons at time, without having
lcense therefor Bthnted as provided III ue act I loI
fcited ifly dollars for each Ofensf; and whoever sold
suffered permitted 20 be- Sold under his direction
dar MS premises without having obtained license
aho o. tae penalty. Licensed persona were pro
hijtgd ircm selling or giving away any ihsxicating
Of mile OF Tie polls, TO any person whatever, as 2
LeytrdEc, on nom selling or giving liquor To any
whOul the consent, IN the ef an apprentice, OK MS
mer or mistress nndin that OF the mnor Of his iathcr
mother guardian. SO, also, 10 made an offesc
~ Iii ~ 10 81, abtyai aTnkSrd The day was enioined
upon every sheriff constable, policeman or officer OF
police 10 arrest all persons found actually engaged IN the
eoian 5on OF any oii.tse In violation OF the act. aud
fIrfhwi carry such person beor amy magistrate OF the
cy or town an Wlrh the Offcnte was committed 10 DC
dealt with according 10 its provisions aud such magis
trato was rvqurcp 10 entertain any complaint of its
atDn, made by Gy person under oath The penalties
tds m5rs aud habnai drunIartsl were be sued Tor
and recovered ia the name Of The Board of Com
of perscf duty IL by its provisions 20 prose
g- s.onh heAirstt to pouse ior , my iT',9 S ~ ,i cn
dn}s niier complaint TO tAein OF any Nl"n'lO aeoompa-
nd WIKI reasonable proof o the same any other person
might prosecute therefore In the name OF the board OF cN
.e-. Inis Gw for rstgcug and regulating the retail
iui, y. ltoxtatis Nquotr " nov t iree VA OIL parts
aud m that division Of 10 up ty April ast by it II II
seen. thHt sales 0f intoxicating liquors IN any quantity
hibed hst bat hotel of tavern keeper can obtai
lreasc % sel Intoxicating liquor TO be drank IN his
Irtttm ,iku.d by - fgrcdoldrrsi that license Is
fotWt ~ 'f h!9s ~ any quantity rs % ilan @ i.1o , si
rses o licensed pcrsons ore prohibited nom selling or
l0f ln -,udly or ON election day within on,qualtcr
ui mla al tGU polls of the election Ihe legislation
-ord materially n.odlfcs the strngcncy Of this
ave u c County of Wcstehestcr the granting OF Licenses
tbr seller Is restricted t. hotel or tavern keepers
,ttonrd for by ~ cohodrrs; nor Is that class of per
-uns rsTahed from selling to be carried away out any
reputable pcson, ON lis own petition, can procure IL
crnso to sell strong or spintuons liquors, Wine,
i-c by pas Zee Of not less than $50 nor more than
$50 In yi, any reputable Person 9nyig nav license may
engage la e retail traffic, selling by the drink or meas
urdcr Eve gallons aud the regulations as 20 the days
Which, ana tue lfrhnF 10 WHO'LL HaH may n' hitNt
sir lt Than those contained IN the statute
uppu,a ab.o 80 other parts of the state.
There s thcu really but one question involved IA the
prescott appeals W.. tho Fight OF the Legislature 10
,rn and ID gatc Tie traffic in Intoxicating liquors. The
ct assai' simply regulatory OF the retail traffic and
,ss ngo0us o. scheme of regulation than any IN force
W.thiu The limits OF the State for more than half a
tofolc been questioned ar denied and u could not /
olornnout inherent In every sovereignty 70 the extent
its doiHtnoIs state IA NOT sovereign without the
power 10 iatr a ts internal commerce well pO
ce. The Lo gsaturs exercise and weld their sovereign
ohce powers AS deems the public good 10 require IL
is boI 4 ftou at this day, that there is anything Ia
m Ionids uton the leei,intiye dIscreinn or action
duCcd n articles Intimately connected with the public
morals public safety, public prosperity or, Hdccd,
essential 20 effect those great ends OF good government
And this power of state 90 control and regulate ito IN
tcra commerce and police h, ~ fact, TIE only point IN
yoYed IA the under consideration. The Legislature
Is tho depository oi ue sovereign power oi he peopead
In exercising 10 to subseNe the public good prohibits the
fale OF intoxicating liquors Ia small quantities except BY
licenses snpecng AL Offenders 10 foleitnres and cimnal
punishment. AZ the same time provision Is made for
Licensing sS or n P.tg S seIs 4a 1aiS on5 ls IN
dcfaLCc Of the law, the traffic IL carried and those
,ls Statute is void. Why void 1t is within the
scope ot legislative power, for that Is general
legislation, except In those particulars wherein t is
expressly retained by the Constitution law prohb-
ana placing the trade under public regulation Co prey@t
abuse In their sale aud nse violates constitutional
law, by us own mere force drpIiyes any person
of his liberty or property within the meaning
OF the Consultation, or that 1t infrnges upon
citbCr of thcir secured private rghtsi Yet this
Is the only ground its violatOrs can occupy 10
raise any qua stUn 90 Us validity. They restrained
of HGeiy except that OF violating the law by engaging
IN forbidden traffic. and the assumption s not
plausible That the act works dcptCdon of property TO
uy Ouc within the meaning Of the constitutional icStrc
TONS legislative authority If, In terms, t Is true,
ievOkes ncoscs granted under the act OF 1885, but that
no inoroucinet upon any right secured TO the cithes
rs inyiOaho by the Fundamental law These licenses 20
sell quOrs not contracts between the state and the
prsos licensed biyng the latter vested rights protect