Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1853-02-03

and he argues that section IF the act Of 1870
IS consistent with sections 2, 3 and of the new
act submitted to the people, and therefore that
town agent may or may not be appointed by the
commissioner under the new act, as the towr
shall decide at their annual meeting, or ans
other meeting warned for that purpose, as pro
vided in sec OF the &C. Of 1850 And h,
therefore claims tlla the agent f appointed, un
der the new act by the county commissioner
will be under the control Of the selectmen of The
town, and will be obliged to conform to suct
rules, regulations and restrictions as they shall
think proper 10 impose. as is provided by the
4th sec. o. the act Of 1850.
Mr.. Common Sense" must have an uncom
mon dull perception If he fails to see no incon
sstencv between the new act and section o
the act of 1850.
ave- that the new act when it takes effect re
peas section of the act of 1850. Let th,
people box at the two acts and compare then
with each other, and they will come to the sam,
conclusion. If any section Of the act of 1850 il
repealed, sec. is.
Sec. 4 of the old act left it to the town to de-
termine by vote in town meeting whether or no
the town would appoint one or more agents, no
exceeding two IN number to purchase and sci
liquor, at the expense Of the town.
Sec. 3 of the new act does not provide tha
the town shall be consulted at all. Sec. 4 Of the
ole act provides that the agent or agents shal
be appointed by the seectmen, if the town vote
to 90 into the liquor business.
Sec 3 Of the new act provides for the appoint
ment OF the agent by the county commissioner.
Sec. OF the act Of 1850 provides that the a
gents appointed by the seectmen shall be unde
such rules, regulations and restrictions, as tn,
selectmen think proper to impose in the pur
chase and sale of liquors. The new act sec. 3
provides that the agent shall conform to sucl
rules and regulations ms the commissioner shall
prescribe in the sale of such liquor
The act of 1850 authorized the seectmen o
the town to annul and vacae the license of tie
agent The new act authorizes the commission
err and the commissioner only, to remove the
agent. See sec. 3.
The old act requires no bond to be given BY
the town agent The new act requires the com
missioner to take of the agent a bond to the
county in the sum of $500. in which he bind.
himself to conform to the rules and regulations
of the commissioner. He does not bind himself
to follow the directions of the town the town or
officers are not recognized in the new act as hay
ing any voice in the matter at all, except b. to the
agents compensation for his services.
have stated the matter fairly and the people
can juuge for themselves as to the consistency
of the two acts relative to the duties and powers
ofthe town agent. say that the two acts, and
the sections have named above, are directly in
conflict with each other, and were meant to be
so. The consequence IS, that the new act re-
peals section OF the act OF 1850 notwithstand-
ing Mr.. Common Sense" says the contrary.
Let the people compare the I'd. I'd and 4th sec
tons of the act with sec. of the act of 1850
on page sos Of the Compiled Statutes, and see
whether | am right or not. Any man can see
that the act Of 1850 makes only the town agents
appointed 5yMe setectnica, subject to such rules,
regulations ana restrictions as they think proper
to impose. No court or lawyer who will lnves-
tgate the subject viii come to any other con-
Ciusion unless he does not see like other men"
or unless he wishes to pull the wool over the
eyes of portion OF the people who don't like to
go for the new act, and thereby give power TO
the county commissioner to Delegate some per.
son to act as agent for the town, whenever the
people Of the town or its officers are not consult
ed about it, and have no control of the agent
when appointed. | should think 1t would hardly
do for the Legislature 10 authorize the county
commissioner to appoint person 10 buy and sell
rum for me, as my agent, and at my expense
and tins too without consulting with me, and
have no power to discharge him. and am COM
PEELED to pay for all the liquor he buys
Mr.. Common Sense SAYS that nv former
argument relative to sec 3 of new act, at must
be apparent to every man." was designed to mis-.
lead and Brighten " those who are nnacquairted
with our statutes, and the rules established for
their construction, and may be considered
fair specimen OF 'one Of the peoples entire ar
gumCnt"
don't know what may be apparent to Mr..
ba hoe