New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-08-01
LIOUOR-DEALERS STUNNED.
THE NEw.JERsEY LAW SUSTAINED.
HIGH LICENSE AND LOCAL OPTION BOTH urs
HELD THE LATTER RY A DIVIDED COURT

HIGH LICENSE AND LOCAL OPTION BOTH urs
HELD THE LATTER By DIVIDED COURT
Trenton, N. j., July 31.-Ihc Court Of Errors ana
Appeals to-day sustained tho Hgh-Llcens and County
Option law in all Its parts. The act VIII stand as
passed by the Republican Legislature last winter ap
proved by the court Of last resort, imprcgnaoc save
to legislative assault The court sustained the high
license portions Of the act unanimously and the county
option clauses by vote Of sight to seven Tho 10
suit Is Republican victory over the combination Of
Democrats and liquor dealers, OF Republican lawyers
and lawmakers over their political opponents and
professional rivals. 1t was surprise to nearly all,
because IL had been freely predicted that tho county
option clauses at least would fall, and to tho liquor
dealers It is thunderbolt Tho court is composed Of
the Chancellor, nine Supreme Court Justices and six
lay judges Three Of the former Republicans and
all the rest arc Democrats. The opinion OF tho ma
jorty read by Justice Van syckel, and each men
Der voted loud Affirmative the high-liccnss part
Of tho act On the county option section tho vote was
as fellows:
For the act-Chief Justice Beasley. Justices Van
sycke Depue. Magic, Dixon and scudder, and Judges
Clement and Patterson.
Aga,nst-Chancellor McGiI Justices Reed Knapp.
and Judges Cole, Brown, McGregor and Whitaker
Justice Garrison sat In the court below and thers-
fore had no vote.
Only one part Of the opinion provoked glimmer Of
amusement. 1t when the Judge alluded to the
alleged interference Of tho judicial branch with
executive powers. There was q suggestion OF chip
on-the shoulder in this that thoroughly enjoyed.
Tho only criticism upon tho act by Justice Van syckei
concerning the language in the part providing for
tho revocation OF licenses for violation of the Sunday
law and other infrisgements. He thought tho sem
ences should have been formed differently to properly
express tho meaning Of the Legislature. Positive as
the tenor Of tho whole opinion, 1t was still ad-
mted that there strong prccedents on the other
sido but said the Justice where doubt exsts 1t must
bc solved In behalf OF the law.
Tho opinion IS very long and would occupy, n
printed in fne type in The Tribune" about three
columns more The first half dozen sentences indi-
Gated It's drift the Judge treating the points raised By
the opponents Of the act questions that required dis
cussion, but TO which there could be only negative
Coming to details, Judge Van syckel first
discussed the claim that the law void account
of defect in the title. and alluded to the recent
Michigan decision against local option law a case
in point He said that II the law under review pro-
hibcd the entire traffic, while the title merely spoke
OF regulating the traffic. he would have hesitation
in pronounclng 1t unconstitutional After analysis
of those sections of the law which related to this SUBJ
jcct he held that the law does not prohibit but simply
regulates He decided that in view Of adIudicsted
cases the title was sufficient
Tho second question taken up by the court was
whether the classification by population was sufficient
1t has been claimed that the section is regulation Of
the Internal affairs OF towns and cities, and tho
ton is substantial one. Whether this basis Is wise
judicious, whether II will operate fairly
other basis is for the Legislature and not for
the court to say. The courts inquiry is whether tho
basis bears any reasonable relation the subject TO
which the Legislature has applied It, After an ex-
animation into the results Of the classification Of the
license fees and of the decisions this subject, the
court held the classification valid.
The questions to punishment and trial, the court
held, were not involved in this mattcr, and can be
eliminated from the act without destroying its validity
The right to revoke licenses for was entirely
beyond dispute.
Tho local-option branch was then taken up, and
the court said that there was express provision In
the Constitution precludng the Legislature from dele
eating such powers those conferred in this act The
Judge cited instances where tho Legislature delegated
powers, such as eminent domain and others, which
have been passed by unchallcnged He mentioned a
law recently passed by Congress as case in point.
There unlawful delegation OF power in this
But the liquor traffic has always been dealt
with In an exceptional way. 1t is subject by itself
and no other topic fairly be compared with It.
The history Of liquor legislation for $50 years has
shown this. The old law does not differ materially
from that now before the court. One referred the
question of license license to twelve freeholdcrs
and the courts the others to a larger number And
1t IS to be remembered that the right TO sell does not
exist except by license There is already prohibition,
and It Is only in so far that the Legislature removes
this prohibition and permits license that the courts
to discuss this The plea that the law was
special in its application because one county might
adopt no llcenses and another license illusory
Tho law itself not special and does not contravene
the Constitution. 1t may operate differently In differ
sections but It cannot be held to be Special In
rinslcally that account Innumerable acts arc on
the statute books that would be equally open to cha
lenge
Returning to the question of delegation Of power,
the Judge elaborated these points at length and
took up number OF minor objections OF no general
interest. In conclusion he declared the entire law
constitutional and valid. Chancellor McGill then
called the roll on OF the three before the
court being that which involved only tho hghlcense
features of the act Every Judge voted 10 affirm.
The court then called the roll on the second OF the
three cases which Involved that OF the county option
question. When judge Reeds name was reached ho
and proceeded give his reasons Informally. He
considered this portion Of the act to be delegation Of
power beyond any doubt, and was the more emphatic
In the opinion because no remembered, he SAID. tho
positivencss with which Judge Van Sycke had dwelt
tho unconstitutIonalty Of such delegation In his
decision Of the Chatham local option law. Tho vote
OF eight to then recorded
Nothing now remains for the liquor dealers excepe
to pay the license aud keep their places closed
Sunday The increase In the license receipts OF
Newark and Jersey City alone Will be over S3OO,oOO
this year, and other communities VIII gain In proper
tion. The county option elections Will DO Reld In
" Warren Gloucester and one two other counties this
fall, and others may be tested early IN 1859. Tho
news of the decision telegraphed all over tho
State and awaited with excited interest In every
community.
REJOICING AT AsBURY PARK.
fulv he tenn