Year: 1867




We call on every good citizen to rejoice with
us that the Excise law is at last judicially
and impregnably established by the judgment
of the Court of Appeals. In other columns
of this mornings paper will be found the
opinion in full of Mr.. Justice Wright,
overruling all exceptions and appeals, and
affirming the judgment of the Supreme Court
in favor of the constitutionalty of the
act. The decision covers the whole ground
1t is not merely a settlement of the particular
cases brought before the Ceurt; it is an affir-
nation of the validity of the Excise law in
its length and breadth and not merely
of the law, but of the complete legs-
lative power to deal with the traffic in
Intoxicating drinks. "There is,' says Mr.. JUS
tce Wright, "really but one question involved
ain the present appeals, viz: the right of the
Legislature to control and regulate the traffic
"in Intoxicating drinks" The act relating
| to New York is declared to be less rigorous
| them any in force within the State for half
a century. If they were constitutional, so
much the more is this, and 1T is a bold
/ assertion, at this day. that there is any
thing in the State or United States
Constitution conflicting with or setting
"bounds upon the legislative discretion
cor action in directing how when,
"and where a trade shall be conducted in ar
"ticles intimately connected with the public
s'morals, or public safety, or public prosperity
cor, indeed, TO prohibit and suppress such trGt-
| "fc altogether, if deemed essential to effect
"these great ends of good government"
| Again: "a law prohibiting the indiscriminate
"traffc in intOxcationg liquors, and placing
"the trade under public regulation to prevent
"abuse in their sale and use, violates
"nO constitutional restraints" Still
more stron gly the Court affirms at
"is a groundless pretext, therefore, that
the act in question conflicts with any pro-
"visiOn Of the Constitution Of the United States,
"Or Of this State 1t falls within the legisla-
" tive power, exerted not for the first time,
"but unremittingly since the origin Of the
Government"


We quote these emphatic sentences at length,
in order that the scope Of this judgment
may be thoroughly comprehended- They are
the sober and matured declarations of
State of New-York. The Court Of Ap-
peals, in announcing its decision, places
itself on the side Of order, of temperance, of pub
lie welfare against lawlessness license, and that
utter indifference to the best interests ofal which
is the boast and the shame of the iquor-dealers.
These latter proclaim their purpose to maintain
what they call their own rights. The courts
decree that the rights of the public are para
mount, that the rum-sellers shall not prefer
their private interests to the good of the peo-
pie, and that the law shall be enforced.


We are bound to reiterate our belief that
there never was a plausible pretext for the
! litigation which the hquOr-dealers have TO-
mented and protracted. The injunctons of
Cardozo and his fellow magistrates were q
| fraud on the public. There cannot be
competent lawyer in this city who would
have advised a client to apply for an in
junction, or to pursue an appeal on it, ex-
cept for the purpose of gaining time to fol
low his destroying traffic in defiance alike
of public opinion and of law. For
the time the plot succeeded. Mr.. Justice Car
dozO granted injunctions literally by the hund-
red, and there was nc den so vile that he was
unwilling to become the champion of its pro-
prietor. To all appeals in behalf of order
and law this Judge closed his ears.
He and they like him succeeded for months in
nullifying the law. The city which the Legis-
lature had done its best to make orderly and
temperate, they delighted to hand over to un-
checked debauch and Che turbulence of judge
led mob. They would not abate their purpose
when the Supreme Court frowned on it; we
presume they will not abandon 1t u there still