The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1844-12-18
TEMPERANCE.
For the Northern Galaxy.

In Postscript TO my late com munications
on the subject Of the call of County Con-
ventiou. to nominate candidates for County
Commissioners who are in favor of swell
regulated and judicious system Of licensing"
establishments for The sale Of intoxicating
liquors. | promised to examine the position
which understood had, in effect, been taken
by that Convention, that the law makes it i'm
perativc on the Commissioners to give such
licenses-that the only discretion they can
exercise, under the statute, is, TO discriminate
between the applicants, so as to get the best
men. to furnish Intoxicating liquors to the
community for beverage; and that they
have no power so 10 exercise their discretion
as entirely to withhold licenses for such sale.
My first remark is, that this construction
of the law was not thought Of by its trainers.
Every body, at all acquainted with the histo-
ny OF its passage, knows that the friends OF
Temperance, in and out of the Legislature,
understood that the law, in effect, gave the
Commissioners power TO withhold licenses en-
tirely; and nobody so much as limited that
il would admit Of a contrary construc-
ton. Indeed all the discussions upon the
subject of changing the authority TO give Ii
censes, from the Courts to Commissioners,
went upon the ground that the people
ought 10 have the privilege of deciding.
directly, whether Intoxicating liquors should
be sold ornot in Retrospective Counries;and
the Legislature supposed they had given the
people that privilege. But behold cunning
LAWYER, have put on their spectacles,
and professeG; 20 make the discovery that no
such privilege is conferred on the people but
that the trouble and expense OF appointing
Commissioners is to result, not IL banisiinS
the authorized sale OF intoxicating liquors, 10
be used as beverage, il the people uih 10
do so, but only to have '.judicious" selec-
ton made of men to sell such liquors forsnch
use And this they profess to see very plain
", on the face ofdhe lap, when the makers of
it never dreamed of such thing. The plain
common sense of this community, who hate
tricks and bubbles, will be slow to believe
that this discovery is entitled to much consid |
Grafton. They will place more reliance up |
on the men who made the law, than upon |
those who have just nowmade this discovery.
At any rate they will require it TO be shown,
beyond the possibility OF doubt, that the law
means what is now contended for, before they |
will help by their votes to defeat the well
know intention of the Legislature.
And now let US sec il it Is SO very clearthat
the law has the meaning commended for. The
power of heCommissiOners is declared in the
6th Section. which enacts, that "they shall
have the sole power Of granting licenses I'M
der the provisions Of this act.' Nobody dis
puics that licenses for the sale Of intoxicating
liquors to be used as beverage maybe grant
ed by the Commissioners; and they not only
have the power of doing this. but the ''sole
power" Nobody else can do it. But does
il follow that they must do it Is giving the
power Of doing an act, equivalent to making
it duty to do il! Common sense answers,
No. If the Legislature intended TO make it
he duty Of the Commissioners TO give the IL
,enses in question. why did they not say so,
rs they might have done by a little change OF
for example thus-the Com
nssioners "shall grant licenses under the
provisions Of this act. Or thus-the Com
nissioners shall be sppointed togrant licenses
Nc. An intention to impose the duty Of
granting licenses for tavern keeping and
etailing for a beverage, in every County
n the State would naturally have been ex
PRESSED by some such language as this; and
20 suppose that this natural language was a.
'oided, and the expression-"shall have the
'ole power of granting licenses" was used.
With the intention ofconveying the same idea.
$ TO suppose that the Legislature intended
o deceive and mislead the people, or at least.
o leave them in doubt as to their real mean
ne.
But that the legislature did not intend, by ,
he 9th section, to make it the duty of the ;
to grant general licenses to ,
ell in every county, is further manifest from ,
he 18th section, wherein it is enacted that
the commissioners may license one or more
persons in each town in their respective I
counties, whomthey may deem most suit
ible, to sell wine, rum, brandy, &c. for
medicinal, chemical or manufacturing pur-
Zee Communication 90 fret page.