68 Ninth Annual Report of the 



will not substitute their judgment for that of the legislative 

 body. The remedy must be found in an. appeal to the legisla- 

 tive wisdom.'' — People v. Buffalo Fish Co., 164 N. Y., 97. 



"A statute cannot be declared unconstitutional unless it can 

 be shown beyond reasonable doubt that it is in conflict with some 

 particular provision of the organic law, nor until every reason- 

 able mode of reconciliation with the constitution has been re- 

 sorted to, and reconciliation has been found impossible. The 

 presumption of constitutionality attaches to every statute 

 passed by the Legislature, and the burden of establishing its 

 unconstitutionality rests upon and must be borne by the party 

 asserting it." — People ex rel. Henderson v. Supervisors, 147 N. Y. r 

 1; People ex rel. Tyroler v. Warden, 157 N. Y., 149. 



POINT VI. 



The judgments of lower courts should be reversed, and judg- 

 ment absolute be entered against defendant. 

 N. Y., October 29, 1901. 



Respectfully submitted, 



JOHN C. DAVIES, 



Attorney-General, for 



Plaintiff -Appellant. 

 Of Counsel, 



Samuel S. Slater, 

 John C. Davies. 



Regarding respondent's contention that section 37 gives only 

 one relief and that a criminal prosecution and the contention 

 that if two penalties are imposed it is against United States 

 constitution and New York constitution as being twice in jeop- 

 ardy, see Matter of Sawyer, 124 U. S., 219, held: Amendments to 

 constitution apply to U. S. legislation only and to same eftV.-t 

 Spies v. Illinois, 123 U. S., 131. 



Matter of Leszyushy, 16 Blatchford 9, .held: "Congress could 

 pass act imposing a penalty of flOO recovered civilly and also 

 a punishment to be imposed criminally." 



