Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-02-03
ghts OF the liquor you condElnn.
OLIVER OLDEHOOL.

1t will be observed that all our correspondents
this week aie against the law. We regret that
some of the friends of the law, who are familiar
with its Details and competent to take lawyer
like view of the case, have not availed them
selves Of our columns for the purpose so that
both sides might be fairly understood. We will
attempt to supply the deficiency in part
l. Uhat the lar aiiops. 1t allows the manu-
facture and sale of intoxicating liquors, by agents
appointed for the purpose, for medicinal, me-
chancal and chemical purposes only; and the
manufacture and sale of cider. in quantities not
loss than five gallons for medicinal, chemical,
mechanical and culinary purposes only and the
manufacture by any body for his own use, of any
fermented liquor. Liquor then may be legally
had, for useful purposes from agents authorized
to sell, but not otherwise.
q That The law prohibits. 1t prohibits the
manufacturing, selling, furnishing or giving
away of intoxicating liquors by any body. or for
any purpose, except as indicated above by the
legal agent.
IN principle, as to selling, both as to what
is permitted, and what Is forbidden, the law is
like that of 1850. Giving away and maniac
turing are added to the list of prescribed acts
and the selling is TO be done by agents appointed
by a commissioner under the new law, instead
of agents appointed by the towns or the select
men, under the act Of 1850.
The law makes selling by agents for useful
purposes legal, and the using for useful purposes
is not prohibited; but though one may legally
purchase for his own use, yet he may not sell or
gre to another, even though II be for purposes
admitted by the law to be good Such is the
letter Of the law. We think that feature is with
out parallel on our statute book.
3. Pains and Penalties For selling, furnish
ing or giving away intoxicating liquors in viola
ton of the act, the punishment is by fine and
costs, from $40 to 500 and on the third convic-
ton by Imprisonment from three to six months in
udditon'to the fine For manufacturing or be-
coming a common seller fine of from 500 to
5000, and Imprisonment from four to twelve
months on the third conviction. For selling in
any tent or shauty on public occasions, mprison-
ment for 30 days; and if convicted on appeal,
fine of $40 is added.
On looking at the statutes we find the fol
lowing penalties for other offences: for coming
into any town, without consent of the select
men, when knowingly infected with the small
pox, 200 fine for carrying ON the business of
butchering without the the appreciation of the
civil authority $500; for nuisance, SlO0 for
selling diseased and unwholesome meat, $500
for adulterating food, liquors, or medicines, $500
for issuing bill of credit, bond, note or bill of
exchange, to be used currency or medium of
trade, without authority or license from the leg.
islature, fine of 5000 and one years imprison-
ment; for printing, selling, having in possession
to sell. exhibit, loan, or circulate obscene books.
| prints, &C., imprisonment one year and fine $500 :
for selling lottery tickets $500; for gambling.
S. to $500; for betting on an election, $500 ;
for exhibiting theatrcals, ventriloquism, &C..
| $500-circus, S200-or letting rooms or grounds
for such exhibitions, from $50 to $500; for
making or mending any plate or press for coun-
terfeiting, or having in possession tools and coun
terfeit money, imprisonment IA or Is years and
$1,000 fine; for pejdling without license fine
offrom S25 to $50.
Magistrates, jurors and states attorneys are
liable to fine under the liquor law for neglect
of duty; for which we find no precedent except
in penalties for maleasance.
4. Proceedings Appeals are granted on
bonds of from 500 to S200 but in case of con-
vcton before the Justice an additional bond is
required, conditioned that the respondent will
not violate any of the provisions of the act durinp
the tendency of the appeal. The last is said TO
! be novel requirement, based on the Judgment
of the Justice that the respondent has been guilty
| Of violating the act, and the presumption from
that judgment that he will continue to violate il
unless restrained by bonds but all persons mr.
rested for a criminal offence before Justice
may be ordered to find sureties to Keep The peace
On what is this power based, unless it is the sun.
| position that the respondent will break the peace
IT unrestrainedf-apd that, too simply because
he is charged with an offence, of which he has
not been convicted. The presumption in the
latter case seems to be quite as violent as in
/ the former.
BY section IL of the liquor law, on affidavit of
three voters that they believe that liquor is kept
any where and intended for sale, a search war
rant may be issued by any justice, and the liquor
may be seized and kept until final action is had,
and, after action, may be destroyed So in case
of liquor kept or sold in any tent, shanty, &c,
| Except dwelling houses) on any public occasion,
the premises may be searched iciihom toarrant,
and on conviction the liquor may be destroyed
The search without warrant in the latter case
Is objected to as unconstitutional. That is a
point which the courts will have to determine.
The act however, is not entirely novel. Presses
and tools used in counterfeiting may be seized.
and nuisances may be destroyed, removed, or pre-
vented if on private property, nusances may be
remored without the owners consent and he NAV
be held to pay costs. Removal in this case GER
tainly implies the destruction Of pirate property
when used to the injury of the public, and no
warrant is required, nor is any trial, by Jury or
otherwise, provided. Persons found intoxicated
and disturbing public or domestic Tranquility,
may, under the liquor law, b.. arrested without
warrant and kept in custody until they disclose
8, =. IN