Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1846-02-05

TIC lOIOWlup ubCuluCul OOlIVIClCo tHC lCC-
ord Of the proceedings of the late meeting at
Vergennes
REPORT ON THE LICENSE LAW.
The Committee to whom was referred the
act of the Legislature, passed in 1874, relating
to licenses to innkeepers and retailers, submit
their Report as follows:
There appears to have been some difference
of opinion in regard to the construction Of this
act in various parts of the State. The differ
ence seems to be confined to the 9th and 18th
sections of the act.
L. Some assert that the Commissioners,
whose election is provided for in said act can
not withhold licenses for general sale; III other
words they say the Commissioners are COMPEL
ed by the force of the act to grant general IL
censes
2. Others take the antagonistica position that
the act does not compel the Commissioners to
grant general licenses.
To enable us to have full and fair view Of
the subject the sections alluded to are quoted
entire.
Sec. 6. The County Commissioners shall
hold their office for the term OF one year from
the first day of February in each year, and the
votes Of majority of them shall decide any
question which shall come before their iurisdc-
ton, and they shall havethe sole power of grant
ing licenses under the provisions Of this act, and
may assess such persons in such sums as they
deem proper, not less than the sums respectively
specified in section 2 Of this act"
'Sec ID, The Commissioners may license one
or more persons in each town in their respective
Counties, whom they may deem most suitable
to sell wine, rum, brandy or other spirituou>
liquors, for medicinal, chemical, or mechanical
purposes only, who shall receive from said com
missioners license, for such sale and no other
and every person so licensed shall make report
to said Commissioners from time to time, as they
shall direct, and on violation of the terms OF
his license, or on a refusal to report as afore-
said, the said board of Commissioners shall an
nul such license, and such person shall be sub
ject to the same penalties as are provided in the
l4lh section of this act"
Those who maintain the first proposition
compare this act to the Pedler act (R. S. page
367,) which gives the County clerk no power
70 withhold licenses from those who apply for
pedlers license TIE County clerks power is given
in the 9th section, which reads as follows:
"Sec. 6. Any person wishing to obtain license tc
be podler, may apply to any Co2ntv clerk and pay
him the duty provided by this chapter and such cerb
shall fill up blank license and record the ssme, anc
deliver it to such person."
No one can fail to observe the difference in these
two acts. The language of the last is "The County
clerk shall fill up" &c. In the license act "the Com
missoners shall have the sole power of granting lcen
ses," &c, and 'the votes of majority of them shql
decide any question:" &c. Does the po,ce TO detid
give only the right to say "yes?" Does it not confo
the right to reply either q0Umoiuey or negatiuelG-
To compel the one answer or the other upon ques
ton would be to take away the right to decide |
seems clear, therefore, that by giving the Commission
ers this right to decide, the legislature have conferred
and intended to CONFER on them the power Of refusing
az we'll as granting licenses.
Again, those who maintain the first position, udmi
that the Commissioners are not compelled to cens
oil who apply. 1t is difficult to perceive the force o
the logic that admits the power Of the commissioner
to Judge in one case and not in another. The &c
points out neither the wants of the community tn
qualifications of the applicant, Are not the comnis
sioners to Judge of both? And if the commissioner
are not compelled to license every applicant how man
must they license?-20 or l? Does not this very ir
dsfniteness show the intention of the legislature t
place this whole matter in the hands of the people
the several countless by giving such commissioners a
they should elect entire control over it? This is
plainly shown by the clause authorizing the comm,
soners to assess those to whom they may grant licer
ses On unlimited sum, "not less" than those specified
the act
If the Legislature intended to compel the commi
soners to grant general licenses, no reason is kno"
to your Committee, why that honored body should n
have said so In other laws passed the same yea
where no discretion is given as to the performance
an act las in No. 9, 10, IA, and of the mscellaneo
acts No. 10, IL, and 49, the language is sit shall
the duty" Treasures shall pay OUT" Auditor
drected"-a States Attorney be directed" &C. &c.
If any thing further is necessary to illuminate Il
subject, some light may be obtained by attending car
fully to the 18th section The Legislature authorize
the commissioners to license zone or more persons
each tom, in their respective countless to sell
medical, chemical, and mechanical purposes only
The legislature here seems to contemplate and provt
for license of this kind in every to,on IN the count
No one viii contend there would be any necessity f
special licenses to SELL where licenses to sell general
were given If therefore, the Legislature intended
compel the commissioners to grant any licenses to Sc