The Placer herald., 1856-02-09
The Law for Enforcing the Payment Of the
License Tax. upon Merchants, Dealers
in LIQUORS. and Tavern Keepers.

There is either something radically defective
in these laws or in the administration Of them in
Placer county. We hear much complaint from
some of the most upright, law abiding citizens of
the county, and we also learn that Justice Finley
of this place has, within the past ten days. issued
warrants of arrest for criminal violation of the
Revenue Law in this respect, to the number of
from eighty to one hundred.
For the nonpayment of this tax, there are two
modes of redress at the command of the officer of
the people. One is in the nature of civil suit,
brought before magistrate of the Township where
the delinquent resides in which upon, judgment
being rendered against the defendant it is given
for double the amount of the license, the costs of
the court, and foe of fifteen dollars for the Dis
trict Attorney. One would suppose this sufficient
ly binding to meet the necessities of any we'll re-
gulated community. But another act makes it q
criminal offence.
He is by that act when the fact of vending by
wholesale or retail "any spirtuous or malt or
vinous liquors or any goods wares or merchan-
dse" deemed guilty of misdemeanor and may
be fined in sum not less than twenty-five nor
more than two hundred dollars for each and every
such offence. Crimes are by our statutes divided
into felonies e. offences punishable at least by
Imprisonment in the State Prison, and msdemean-
ors. No act shall be considered crime commit
ted by misfortune or accident when it satsfacto-
ry appears that there was no evil design or in
tention or culpable negligence. In short no man
can be convicted of criminal offence without
establishing criminal intent.
L., L.
to take out the license would not of itself estab-
lish guilty intention, particularly when the
delinquent is permanent citizen engaged in a
regular legitimate business, and out of whose
effects the money could be easily made on execu-
ton in civil suit. 1t will be seen also that un-
der the criminal process, the tax is not collected,
but a fine is imposed, thus leaving the license
money where it was-in the pocket of the often
der. The policy Of the law based upon the in
terests of society, has given to Justices of the
Peace jurisdiction in criminal causes throughout
their respective counties, and it is equally true
that the entire spirit of our code is, that the ac-
cuscd shall not be put to any more annoyance and
restraint than the necessity requires. He shall
have speedy and impartial trial before the
nearest and most accessible magistrate, unless
circumstances combine to make ii otherwise.
How then shall we account for these warrants
being issued by the Court in Auburn, against men
in the distant Townships the SherlH and MS depu-
ties dragging them from their families and bust
ness, at season of the year quite disagreeable
for travel to answer criminal prosecution, which
may he instituted at the leisure of the District
Attorney in any Township Of the county? OF
what advantage is it to State county to have
it's citizens pursued in this manner, when the pay
ment of the taxes is not necessarily enforced
thereby!
Men contract very naturally deep prejudice
to the town of Auburn, and the entire population
is blamed for a course of conduct, they as much
condemn as any citizen of the county, and which
in fact is but the act of two or three persons.
There is something wrong in all this something
that needs neutrality-suspicious. the law-perhaps
the practice--somebody decide it.