New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-25
RAINES LAW UPHELD AGAIN..
THE FEDERAL CIRCUIT COURT sUS'
TAINS 1T.
Jr,DGE WALLACE, IN SYRACUSE. DECIDES THAT
1T DOES NOT IMPAIR THE OBLIGATIONS OF
CONTRACTS OR TAKE PROP
ERTY IRREGULARLY.

Syracuse, June 4-United States Circuit Juoss
William J. Wallace. OF the Northern Disuio' Va
New-York this morning denied the motion IN tho
case of Kresser against Commissioner OF EAc'so
Lyman TO restrain by injunction the operation Ok
the Raines law Kresser's action was prous"s oA
the theory that the license granted to him last eo-
rary for the Of year from that GATE oy '"S
Albany Board OF Excise was a contract authori@oo
by the excise laws OF 1892. and that the provisions
Of the Ra!nes law which declares that every license
heretofore lawfully granted shall cease ana DC 'o'
IN rune "a were repugnant TO the Constitution OF
the United States as inparing the obligation OF
contract and deprving him Of his property Without
the process of law.
In the course OF his opinion Judge Wallace says
that the conclusion that these provisions are noe
obnoxious TO the Constitution seems so PLAIN thae
the objection urged in behalf Of the defendant thae
M snecial circumstances appear bringing the cas-
within any Of the recognized exceptions 70 the rue
that court OF equity will not interfere py ihJu"o-
ton TO prevent the collection Of tax merely upon
the ground Of its Illegally or because the status
under which IL Is imposed is uilcois'i'u'io'-' W."
not be considered ,. a..
AS to the competency OF the state, through 10
LEGISLATURE and administrative officers, 70 enter INTO
contract hampering the future OF the State IN .ns
exercise OF its police power to regulate or pronio''
traffic in liquors Judge Wallace says that the Stats
cannot barter away or In any manner aoridge any
of those inherent powers OF government the com-
plete and untrammelled exercise OF which Is 60
serial to the welfare OF organized society," anu LILO.
any contracts TO that end are void upon genera'
PRINCIPLES and cannot be protected by the provisions
OF the National Constitution are propositions WHICH
are abundantly settled by the decisions OF the hsn-
est Federal tribunal The decision continues;
The regulation Of the liquor traffic 10 an exercise
OF the police power OF the State for the &re'en.,on
Of intemperance pauperism and crime Inc cou ,s
have sanctioned the validity Of most stringent stas
utes enacted in that behalf such as those wnch de-
clare the liquor kept for sale nuisance, wncn 4.
thOrized forfeiture OF the building IN "nlch ~ -
sod n IS urged for the plaintiff that the act OF
1896 IS not a police regulation, but Is taxing acs;.
The contrary has been decided by the Court OK
Anpesls in the recent judgment In People vs. Au'-
ray. Ia r.acbed that
moi withsanding his license the plaintlit wouiu 70
without remedy II the Legislature nau Absolutely
nrohbltei the sale liquors in this State aiter June
s0 Instead of doing this II has required MIN alcI
that date 10 conduct his traffic under precsey VIC
anne conditions which prescribed Tor az otnoIS
far the purpose OF saving his rights and those OF
~ hers similarly situated and has authorized recov
ery from the town city in which the license W -
granted o. such proportion OF the wnoie nSeiso sS
ss the remainder OF the time for which sucn icensY
would OF herwse have run bears 10 the wnoie PC,
for which il was granted. He has no JUST groune
for complaint.