New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-01
THE COURTS.
SUPREME coURT-sPEcIAL TERM.

SUPREME COURI-SfEClAI IEkM
Before Mr. Justice Cdrd0sO.-Ihe Excise Lao
-Dsiri6uhon Of ne License Moneys People rel
The Commissioners Of he sinking Fund agt Ihe Metro
Shepherd agt. me SaeThe J,renile Guardian Society
agt The Sdme-The SISTERS OF Chg1ty or s. Esneent ds
Coiored Orphans agt The SdmeIhe NeW-lork STATE Inc
bydte syttn agt. The SdDleThese were all motions TO
against the Treasurer OF tho Excise Board TO pay
the Sinking Fund the whole amount In his hands
The Sinking Fund claimed that long before the act re-
peang this Excise law the Sinking Fund was entitled to
all the moneys arising from licenses as security TO the
creditors OF the City; tho other REALTORS claimed under
subsequent acts and especially the last lax levy Inc
case was argued before Judge Card0zo who has rendered
the following opinion: Assuming. MS must be DONE still
the decisions OF the Court OF Appeals that the acts ere
coSstitntiohS think it clear that the
the Sinking Fund have to To or interest Ia the fees
received by Excise for licenses Issued pursuant to the
act OF 1885, and hSrei9re cannot DC nesrG 70 oppose
GS%@ssioner a. no opposition made those
when the sinking Fund Commissioners claimed the
license fee Is that by ordinance ratified by
an act, Of tho legislature, May is. iSiS. the
tain OF its stocks W moneys thereafter 70 be reSeed O
and il also claimed that b several acts Of the Legislature
all OF the City Of New YORK rom that ana other
sources also been pledged to the payment Of bonds
necessary follow counsel over the eaDoe points anu
arguments presented aud 10 is sufficient to say that The
license fees pledged are not those Issuing from licenses
which the Metropolitan Excise Board are author.
lied 10 grant within the Metropolitan district.
IL is only and excise fees realized from IL
censes issued by the city that are pledged ana as he G
no longer issues any t derives 10 revenue from that
source The fees which the Board collect are not for
licenses to sell liquor in the Guy OF New YORK as sneD,
but for licenses sell at some designated place within
new territorial district which has been held the legs-
atnre might create Those fees therefore, are not the
ones which were pledged This disposos OF the matter
should say however, that the question presented Is
very different from that which arose m the People agt
Aat,,n rhe stnue In question there sought 10 be-
stonD"unon the Board OF Metropolitan Police the
powers and duties which heretofore, by laws and
hh,,iinanecs had heen conferred upon the city
onthcrgtes in regard 10 city licenses, and TO make
INF nower exclusive Of the city Government.
No new district was created with the right 10 issue
IAN licenses withn IT, but 1t was simply an attempt to
the papers as the city authorities within
The civ limits such the Board OF Police. That, OF
nre wns held unconstitutional But that Is not the
oneson here Yenturng very respectfully TO entertain
decided convictions that the decisons by which the Me-
,ronnan Police and the Excise law held constitu
toboi We're clearly erroneous and with little effort
he rmonsraed to be but yielding OF course implicit
obedience TO them have only To ada that consequence
o IN be depored resulting from those Is the con-
cI"snn that the worthy institutions, the REALTORS here
ARE entitled the bounty which the LEGISLATURE granted