Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-01-06
The vermont Law"

The vermont Law"
Several other states, following the exam
| pie of Maine, have recently taken new step
in legislation on the liquor traffic, by enact
ing law more stringent in its penalties and
providing for more summary execution OF
them. The Vermont law is. in our Judge
ment less exceptionable than either of the
others. and more likely to accomplish good
results We think it should have fair trial,
and trust that the people will SO determine,
by decisive majority
No question is now raised. by the oppo-
nen,s of the new law, as to the proprety OF
legislation on this subject The objects
aimed at by this law are almost universally
conceded to be good aud proper. The means
by which it is proposed to accomplish these
are alone in controversy.
The great innovation in this case con-
sists ip.ss.l -.s - tho .sagne to- search Sis
pected premises, and to destroy intoxca-
ting liquor kept for sale contrary to law. -
These two principles, however, are embra-
ced in other laws on our statute book, and
only their application to cases ofthls paftlc-
ular kind is novelty. Il unconstitutional
in this particular instance, they are so IN
every other. Blu the right of search is ex-
pressly provided for in the constitution, aud
the fundamental principle Of our govern
ment is, that no individual has a civil right
Inconsistent with and hostile to the public
good. Our statutes everywhere presuppose
this. Where private property, of a really
valuable character, is taken for public use.
an equivalent is rendered where that prop
erty is in its nature injurious or dangerous
to the community. or is found under cir
cumstances making it coatraband it is for
fei,ed or destroyed (there are examples of
both) as penalty due to til, state, for vio-
lation OF its laws and rights, and protection
of community. ......
As these two features of the law are con-
ceded to be just aud proper by many of its
Jealous opponents-who touad their objec-
tons on minor details-we need hot say
more on this branch of the subject We
believe that so much, at least, the great
mass ofthe people have. in their own minds,
fully and finally settled
1t snot strange that there should be differ
ence OF opinion as to many ofthe minor pro-
visions of this law. The details of an act
of such magnitude cannot of course. be
made acceptable to every body. We have
no doubt that, ia this case as in others, ex-
perience will show the expedency Of amend
mens ~ some partic uars and the whole
law, even, it is quite likely, will operate less
favorably than many of its more sanguine
admirers expect. But The question to be
practically answered on the second Tues
day nfFebuary is. Ought the law, as a
whole, 10 have "a trial and not, is the law,
IN every particular, just as we would wish
to have it? We cannot now attempt to
reply, at length, 10 all the objections that
have been urged, as to the details OF law.
Mostly they are frivolous and unimporlant
some of them are founded in ignorance of
the act itself. WewIl refer briefly to some
of the more piausibIe objections, aud trust
the rest to gh,d sense of those who have
carefully examined the law for themselves,
1t is said that this act abridges the right
of appeal. What kind "fright is this not
a constitutional right, certainly. Besides,
it is right absolutely denied by law, al
ready, in numerous instances The right
OF appeal IS statute right merely-and 1t
it is not wrong for the Legislature TO deny
II entirely, Ia cases where its exercise will
directly tend 10 defeat the ends of Justice.
We are ted that this law "packs the
Jury" that IS TO sit on cases arising under
it. So far from this the law merely con-
forms to that provision Of the constitution
which requires that uries shall lie impair
tiaL 1t oniy carries ont the princlpres
everywhere recognized by the common la,
that jurors shall be unbiased men.
Complaipt is made because officers the
law are fined for refusal or neglect, on pro-
per application, to execute it. There are
similar provisions in laws that have long
been in force. The principle is an esablish-
ed one; and perience has shown that in
no case rs there more reluctance to act,
than in such as will arise under this law.
The officer who dislikes to take the re.
sponsiblllty, moreover, has now a conclusive
reason to afer for promptly acting The
penalty insRosed upon him for neglect shields
him III Its execution, and delivers him
from the odium ofiAdiUidunl responsibility.
Objectiou has been made that increases,
powers and jurisdiction are given to justices
ofthe peace. Justices have under the laws
now in force, Jurisdiction in cases where
the fine may be $500, or imprisonment fol
one year-; ahey may issue warrants Cor re,
mandng fsgitlves from justice and war.
rants iar search aud seizure and they may
use forcein breaking up riotous assemblies
aud ares! rioters without warrant. Doe.
the liquor law confer on justices any greater
powers than these, or powers materially diff
erent in character! We think not.
We have now spoken OF the law, a.
our duty as a journals, seemed to require
: We only ask that they should act under
stand'agly-.with due regard to the hlghes
Interests of the stale-and we are wlIin,
, To leave the result with Decentralization,
, Register.