Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-04-15
The Decision ut Woodstock.

The decision on the liquor law by the Su-
prcmo Court at Woodstock, on the DIST Of
March last, has naturally an interest with both
those who favor and those who dsapproye Of
the law Oh which that decision was made.
In some newspapers it is published at length
and the grounds of it, as set forth from the
notes Of Cncf Justice Rediield by himsclt.-
We hope brief view OF the points ofthc case
will make it sufficiently plain to our readers.
The 92d Section oi the Statute passed at the
last Session fthc Legislature, entitled an Act
to prevent traffic in Intoxicating liquors for the
purpose Of drinking" is as io!Ows:-
"SECrIoS 90. Whenever any person with
in this State shall be found in such state of
in,oxication as to disturb the public or domcs =
~ e.""'i"'''',,, "''o'i'r; deputy sheriff, high
baihtf, or Justice Of the peace for the county,
or any conStablc, grand juror or select NAN OF
the town IN which such person Is so found, may.
without warrant, and 1t is hereby made their
duty to, apprcLcnd such person 81 Intoxicated,
and take and retain h.m IN custody, at the rX-
pensc Of the town in winch he is 50 found, in
any place within the county, in the discretion
OF the officer so arrCStlng, Gntll, IN the opinion
OF such officer the person 80 detained Shall be
capable Oh lestliynT properly III the court OF
justice, and as soon as may he thereafter, bring
nina before some justice OF the county, and
such person, 50 found intoxicated, shall, on
oath before such justice, disclose the place
where and the person Of whom, the lqror 50
producing lnoXcatlon was obtained, and all
the circuu!staLceS attending it aud on the re
fuSal or neglect Of such person 50 10 disclose,
he may by such justice, be committed to the
common lll! OF the county at the expense Of
the town IN which he was so found, until he
shall so d!sc.osc, or by sud justice be dis
charged. And III case said Justice shall I'D
Judge from the evidence thut tnc sale, furnish
nag or giving away Of said liquor is an offence
against tins act, he shall forthwith issue his
warrant, and cause the person So selling, far
nlshing or giving away SAID liquor, to be bro't
forthwith before him, and such procccdln. shall
be had in the case, in all respects, as would
have been had if the person 50 offending had
been regularly prosecuted before such Justice
for such offence, III the manner prescribed II
this act And any person resisting the arrest
or detention Of such person 30 found intoXlca-
ted, by any Of the officers aforesaid, shall be
liable to the same penalties us are PROVIDED by
law for resisting IA sheriff III the execution d
a legal process"
1t appears that the Sheriff arrested one C
Robinson Powers Of Woodstock in a state Of
! thorough intoYlcalion, he having been over
heard using very abusive and bolstorous lang
uagc towards his agel father, with whom he
resided, and put him into jail. "'rhe day fol
| lowing, and as soon as he became entirely so
ber he was brought before Justice Palmer, anC
an examination was had in regard to the per
son Of whom, and the manner of his obtaining
the liquor by which he became intoxicated
| His answer not being satisfactory to the justice
he was recomnitted." The substantial inquir
before the Supreme Court was; whether In
proceedings had been in violation of the con
sttution Of the State and ofthe United ;tates
The case was deliberately argued, and the evi
dcnce on wlIch the justice had proceeded wa
before the court. The court was satisfied tina
''the justice took candid and correct Wow of tn
disclosure made or professed to be madc"-
that the character of the disclosure and tn
manner of its disclosure was such as to Undue
the justice 10 believe, and that he did bellev
that the prisoner knew more of the transictlo
han he saw fit to disclose" 1t was argue
that the statute was unconstitutional, as conilit
: ting with "the 10th and It'll articles Of OF
State constitution, and with the 4th, oh al
{ oh articles of the amendments Of the Unite
e States constitution, embracing the same SUI
7 lect
The It'll article of the State constitution
:, in these words: "That the people have rig
u to hold themselves, their houses, papers al
u possessions, free from Sc rch, or seizure, al
e therefore warrants, without oath, or aftrmatio
T. first made, allording sufficient foundation
$ them, whereby any officer, or messenger, m
y be commanded, or required to search suspect
places, or seize any person or persons, his, h
p or their property, not particularly describe