The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1853-02-05

The Liquor Law Examined.
No. >.

responding to the 18th section of the Maine
Law, but in several particulars, besides that
IN relation to dwclin. houses already men
toned. a decided advance in the wrong d.
rection upon that Law. 1t would be difficult
to find elsewhere, in the whole scope OF statu-
tory legislation, compressed into the same
compass, so great an amount Of crude abnOr-
nal and iniudicious enactment. But it will
be asked if there is no carrying a case under
this section to higher tribunal, where these
summary proceedings of single magistrate
NAV be corrected, and trial had with the Or
binary torn OF law. including Jury to pass
upon the facts. Yes. an appeal is alowcl,t
tie owner can give bond with sureties in 5000
conditioned to prosecute his appeal to effect.
and pay oil .fnrs, .torJcitres and costs that
mag be .h,al'y dwadcd.
a provision in the Rhode Island Law, SIM
liar to this last one, constituted one Of tie
grounds Oh which Judge Curtis pronounced
that Law unconstitutional. But worse still.
II the result in the appellate court be adverse
and the quantity of liquor seized he over five
gallons, tho claimant - to be adiud1od CAM
moa setter OF Hq"or. and subjected to the Sc
we're penalties imposed upon that class Of of
Tenders in section 8: that is fine of 500 for
the first offence and $500 for the second. &C.. :.
Can any thing he more absurd than this? 4
man who has liquors in his possession. under
circumstances warranting belief that he i,-
teads 10 sch them, but without particle of
proof that he has ever sold any. is to be adj
Judged guilty not merely OF selling bat of
hahtHal selling! \ man aljudaed guilty of
crime who inteniS 10 conuntt a crime tbs
Is like Furnishing enc as horse thief for look
inc over the hedge. \ Ike provision was
a JUDGED unconstitutional in the Il. |. Law.
~ Judge Curtis.
The 10Th seton Authorizes :,aeril,. De-
mis-, Ccn>:ailcs. SL,rA..a rad G.a.l .ja-
ror<, on heinz iej1.or~| lat liquor i kent or
sod in any tent sllaut,. g.. where refresh
r,,...,,.,...,l
mile or ten y tn" "rounn O. any cattle show
muster. &c.. to >,crb H., ,.l,rc, indicated
w;tio,H rajYant. to s. ;. the l;cyor if t,vrI
there. and also the keeper. AMI TAXI both
forthwith before Magistrate. and there make
a COMPLAINT ,b,r,;,,,,r S,,..h ,i,o:.,r,t..,;,,.
o,t oth., ,,,o..i,i.,., ,:,,..h..r. ...,........,
IN .;,, or d., ...,,,,.,,
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of ,.,r >,,.. .,,,..;.n...u ,I:.l. ,L,.'.
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=. va. - '>''''''' ~
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'.'''' O ''''' '''' ''>'>'''''' proven 81
-, ''"'' ""''' ia, '''' ''',''''s ana "ne'f''r
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And yet II til" o.Arer, approaching or I'e
h"Nln- that the Act would hy reason VI its
unrou>tiiut;onally ai'or,. him ~ protection
for intcrme'iding with the lcr.nn Or proper
Y OF others, without warrant. should ducIinr
TO act he is on the other hand ne. bv pros
e"riidn under section Esd for such neglect
b lnd'ctm'nt OF information, and on cu,.ic-
ton sentenced to pay fine not less than $500
and IT may be 500.
Inc unhappy officer Is thus placed between
two hires l: he judges wrong in respect to
what duty requires OF HIM. disgrace and ruin
Will oVerwhr!m HIM; II right b" may become
involved IN rnlnous litigation, scarcely less
destructive IN the END. WHO would consent
to h"id any OF the county or town offices, the
holding OF which would subject hin to haz-
ar''> IKE 'he>e
Inc provisions OF the 2ad section, in rcla-
non To any one found so drunk as to disturb
the P"pi'c or domestic tranquility, are to the
last degree 'n1"i>'tor'aI' harsh and unprcr"-
TENTED ne poor lhc'r'afe may he taken
up """o" ""T""' ov certain officers there
III 'a''''o-n''' III cus'o'! at the expense OF
'a'' 'o"''' ~ my l"''e L" Me '"'"1fy, at the
''S're',o' OIL the ''''eer' until he Is IN prop
= ',''''''''' 10 u s"':ec'en 10 me 't''Sf'""
anu '''''' 1T y not '"''ee' literally put to the
torture q ~ I"fVtcMtdd-but Is compelled