New-York tribune., 1867-01-01
THE EXCISE LAW.
IT'S CoNsTITUTIoNALITY AFFIRMED BY THE COURT OF
APPEALS

ing the principles, all of which were decided Ivy
this case: In Board of Excise in the Metropolitan
District agt. Jackson S. Schultz The Court of APP
peals unanimously affirmed the judgment of the
General Term, holding the Excise law of April H. 1865
constitutional The Court held that the provisions of
that act were within the scope of legislative au-
horty which extended to all subjects not prohibited
by the Constitution; that there is constitutional re-
stTicti0n inhibiting the right of the Legislature 10
regulate the traffcking in Intoxicating liquors. that
such regulation does not interfere with restrain
Of tis liberty property within the prohibitions oi
the Constitution that licenses to efquors are mere
! temporary permits TO do that which, without such
permits would be offense that such license is not
contract between the State and the lcensce giving
to the latter any vested right that such licenses are
part of the internal police system of the state such
as are useful in the exercise of police powers and
always subject to the control of the Legislature,
1 which may make modify, or continue them mt pleas
nre; that tho necessary powers of the Legislature
over all subjects of internal police regulation are
part of the great constitutional grant of powers
which cannot be sold, given away Orrclinqushed,
and in respect to which no Legislature bind ITS
successor. Judgment affirmed.
Metropolitan Board sg join barrie Sane ss Jsn Cur
Jackson s sh6h People Joseph Keiehsn agt James H.
| CornvclL appeal ham the supreme coat 8,
Tho first two of the above entitled causes are ap
peacd from Judgments of the General Term Of tEe sl
rrcmc Court IN the first Judicial district recovered against
Inc defendants by Moropotan Board Of Excise ere
aed by the act Of April iG lsCG Laws cf 1906 CHAP s9
penalties for publicly selling liquors without ncese In W
volSon Of such statute such sole in inc Bafre Sate
being week day, aud in Curriers' ease on SUNDAY
In each of tine cases the defendants took license M l,
under the excise law Of 1867, which license would n"t
expire nv its until time subsequent To the
| FL Fithian end H. l. Clinton, FOR appellant; Cias.
Tracy George B ss ir and :. d. Moses ior rcHpon0eut
cr,,lats The sds of l,toxicatIpg UCuors within tho
"MetruroIap Police District Of The state of New YORK.
los The civil division u the state 50 called Is eon.t
tuied Of the Counties OF New-Yort, Kings MestehesttT
and Richmond, and the towns 81 Newtown, Fushing and
Jamaica, IN the County Of Qucens Laws Of 49,, ehan
5el Laws 1890 chap go The act declared that rum anu
sna within the said Metropolitan Police District exeu-
hNe me Nosiy ul P iia,,'
ale or beer IN quantities lcss than i've gaoI" n
provisions of this act aud may be permitted dbyt sec -
The OF the Metropolitan BoaId of Hcalui
were constituted and created Board OF Excise, aid
empowered to grant licenses to any person or persons OF
good moral character and who should bc approved OF by
time tie same be granted, sell aud dispose q a.
any oncplace within the SAID Istnpelan Police DIS
tTcl, exclusive of TIE County ot Wechestcr strong tna
spritnors liquors, wines ale and beer Ia qnnucs ices
to he med I'M Their discetIon and which should not be-
less than thirty, more than two hundred ana my uol
quantities not ICES t6aa five gallons al time sp strong
aud spiituous liquors wines ale aud beer bt not TO BE-
drank the premises where sold. Z. The Hceiirer
granted not 60 authorize nor should any person or
Persons publicly Keep OF sell gyo & away @I dispose o. @
Town o p ssting my @ sbouiJ he held within onc1naor 81 ,
from the place where tho should De- held. ec - All
persons we're forbidden sell gyeor dispose 81 any strong
or spuous liquors wines ale or beer 60 any apprentice
or person clgntecn yaaf of knowing or having
reason believe him 20 be such, Without he consent M
IN the case Of person under eighteen years el age o h
father. ngtheror guardian teec ~ on io .tf give 70 m
hahiual druiard. 30 any intoxicated person ~ cfSo
then being under the Influence of liquor, sccl uor ah"Id
sbl nd nar@nt or chid sell give or dispose ~ any
strong spitlous liquors. wines ale OF Deer 70 ue hp
any such child, child Of any such parent tec 80 ~
persona lcen-ed were REQUIRED 70 hcp t',ir W p'isss
ny mg,' tose a % a. Ia and ySfc ai,o rcar,d to Give I'M
mediate notice to the sheriff constable officer OF nclr
OF police Of all and every fbaucc disorder or breach
of ihe peace In the place licensed and forthwith cause
~ persons be removed terfrum, and the place 10
! bc closed and kept closed Wti quiet was restored
Visions Of the act recited should. ior each ocnse,
guilty Of misdemeanor and on conycilon th.,ol Dc pun
with Imprisonment Tor not ss than ton days nor uiore
than ays hy both such fine and imprisonment; Wud
Tor each ocusc, recoverable IN ciy action n tie maine
persons may so complain to the President OF such Board
Of any such offcSe; and the said board should ny To
beers OF the police department, ouchah ~ tc penalty 20
recovered Scc lGJ There were inrth pro l.os a,caI
ing that u conviction for violation Of any % the proy
anTl as s license and that a pes trusting another o
liquor, a salc thereof IN quantities. less than nve
gallons 10 be- which should be- didik or used III tlr
bnidlpg or where Sold could not recover or conpe.
payment therefor. secs Il, 49, by the 18th section %
was made the duty Of every sheriff constable, policeman
preye the yioItion Of the provisions the act
sary, by sumnarily closing and keopirg closed any
and the 10Th section provided that every sheriff con
who shall violate any OF pfoNl-" q" mrs" ana
carry such pcrs1s before magistrate OF the ay or
with according TO the proyispns OF tnc And IL s!al
be the duty Of every. magistrate to entertain
visions q this act, made BY any person under
oath" The 2Cth and concluding sccuon declared inst
/ all acts
visions hereof are hereby repealed 10 ir rs the same
cept tie county of westchestc" On the third aud sixth
days Of May, aud after the act took effect the defend
ant TO its provisions publicly sold, their respective
places OF business IN broadway, IN inc uty OF New
York, TO various persons, strong aud spurious
gallons at time 90 be ana which liquors were dpank GA
their premises and the persons to whom such sales were
sevcriy made not Travellers and were known % tine
defendants not to be travellers Both The defendants mad,
In 1868, under tho excise net OF 1891 LAWS OF lso en-
C28l received from the then COMMISSIONERS or e1eise FOR
the city and county OF New York. license 20 seli strog
nnd slIntu@is liquors and Nlnes To 9e drank ia men
houses and their premises, which licenses by Their
terms were coue In foicc TIL 30 days after the third
Tuesday In May, 1906 and a me time oi the sales IA qaes-
tiOn had not bceu revoked by order OF any court The
board OF excise claimed 10 recover nom these parties
siOns of the act OF April a. 1906 and the questions submit
reason Of such scs on ihe Sd and c Of May 1866 sch
penalty and, I'd. IL the act valid ana constitutional
the city Of Brooklyn, pubcy sold and dsposed OF strong
and sprtuons HquoIs without having obtained leense
q complaint charging him with the oiiense aud whilst ln
custody writ Of labcaS corpus was sued out on hs BE-
the act alleged 10 have been violated being nconsun
Iona and void. Upon hearing the writ discharged
and he rcmanded into custody, The Court holding t@
he had violated q valid and sulssng law The llnntIs
and sptuous liquors. wne ale, and beer, at their places
IN Ihirdayc. and Broadway, IA the city Of NewYork ia
2aiih'i %ih6t ccse sss % TRe BdaS S o 'S' ESe under S the
act OF April 1906 the Commissioners q the Meropoitn
Police, and the Superintendent Of Police were implicated