Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1872-12-18
Amendments 10 the Liquor Law.


one of which in par ticuIar adds consider
alb y to the striDgency OF the law. The de-
sign of this amendstory provision is to break
up the practice which has heretofore pre-
vailed ID casts Of prosecutions, OF receiving
n each case only conviction and punishment
Tor a - first oft nse." 1t is now made tie
duty of the prosecuting officer to mention
and make proof Of any previous convictions
and of the courts in all instances to indct the
increased penalties provided for second and
third offeuses. Another provision of this
act is that liquor cases will hereafter take
preceden,s Of other trials in court, except
NJ only criminal cases in which some re-
- ondent 5 under arrest. No continuance
Is to be allowed, unIe-s in the opinion Of the
court, the ends OF justice de Dand it. There
can he no question ds to the effects Of this
81 ,tute it 1t Is enforced, a. By it the traffic
would he damaged to an extent that would
be di-couTa, ing to many if not all who now
resort to 1t as a business. Ii it falls by the
way-side, IS have most Of the former enact
ments, the only end attained by it, will be
an ad iition TO the literature Of the statute
book up.n this SUBJECT, ard morei disresPtct
tor law generally among those who seek for
evasion in other instances.
The other act, which provides that no
other person besides the respondent shall be
excused from appearing as a witness for the
resson Tat bis testimony may criminate
h mteIf. We have already called attention to,
.r - aorrnaN 70 no N aTngn-
gruity 10 the second section, which provides
also, that " such testimony as given by any
such person slall thereafterward be used in
any court in any r'secution OF such person.
for the same cffeI SEE in regard 10 which said
testimony was gwen" Speaking Of this
last provision the Rutland Herad says:
The Legislature iarl to make themselves
uuderstO d., ur try TO e. act into a law what
cannot he made law. " hat they inrenied,
It u d firult u understand. un ess they pro-
puted 10 make minutes OF the testimony OF a
witness competent evidence in future TRIALS
Dt the same respondent, OF the same otfenses,
On appeal. hen the witness himself cannot
lie e. sonally produced 1t IL was their in
tentIon, they have lamentably fdi I'd 70 make
II clear. Perhaps the intention was 10 mud
die tie whole matter. Ii SO, they have ad-
mIrabIy succeeded
The Ere. Press regards this legislation as
sign dcant Of the tt mper OF the Legisla ure,
and Of The determination Of the State To
take no Steps towardI license or relaxation,
IN the matter of the sale Of liquor" II
further says:
Tie action on the State constabulary bill
was quite significant. Two years ago tie
bin providing Tor "A State police found lew
advoca es. and received but % votes IN the
Ii ure. inns V a. the same uiil pissed the
Iouee by a strong majority, Isl t. 80, and
probably only failed III tie Senate, because
It cached that b dy too ate IA the session
To allow of / g necessary discussion and con-
sIderation. Would 1t not be well tor the
opponents Of the settlod policy oi tie Stale
60 rDqu re what tons change 81 sentiment IN
regard 70 this measure means?
We Will give them our opinion for moth
Iug. Many strong friends Ot TEN perance,
rwo years agJ, and many men who. V thout
dnv very strict scruples about the use OF
quurs, ct recognize the fact that some re-
tIts>ive legislation IS necessary Tor the
maintenance OF good order IN tie commune
Nv, and the further TACT that tie existing law
r the only repressIVe one we have or are
likely u have, 80 that the question - b.
wen sustaining the present law or going
Practically without law IN reference To the
sale OF lIquOIe-many such, We cay, had
doubts Of tue expediency Of creating a State
police IOTce expressly TO execute the ! quor
dw. They doubted the proprIety, on gem
raj prIucip,es, OF creating SPECIAL class, p
ot officers 10 execute particular laws, and
they considered the existing officers ana
machinery OF law ample for : execution,
wherever the people really desired u see It
-.T Ik.u f.yAA Ta. rE.F rho 2
ductIon OF the bill " ud serve as a warL-
ny u f4ctiOus opponents and vIOlatOrs OF
the law, and that disgTacetul evas ous OF
heir duty On the part Vi prosecuting Othcer-
aud gross violations Vt tie law would b. less
requent al er It. That hope was disaI-
pointed. The course OF the enemies OF tie
.aw, during tie Two years past, N resisting
LIE execution oil the Jaw even IN cases where
lU Was rcsOTtcd 10 Tor the suppression Of gross
nulsarc. :, aud casting odlum on men, vino
from the purrst motives and most laudtb e
a. sire Tor the order and safety or { e com
munitv have endedvOred to secure he tn
IprceueuU of the law, has brought many "
tueee doubters IN regard To the State police
vILter into open advocacy Of the measure,
% silent acquItscence IN a trial ot it, AS an
Experiment..
Ibe opponents of the law have now anoth-
er and louder warning. " i'll they heed 1t ?
my NdLlBb NC f4BtCIC0 DNCDlAlC Gnu
Of a law, TO which their interests and in
come cases doubtless their conscientious cun-
~yIctIons are opposed. But Is 1t TOO much
o expect that they Will at least show some
comm III sense IN the mat er that they will
rerUSnIze the tact that the Irohibitory law
which IS in TACT not a prohibit Try law,
but a very stringent license law, licensing
me man to sell hq IOr 10 each town, tor
neceNsary and proper puposes-ls the set
TED policy OF our State, and the only sale
guard We have or are likely 10 have, against
the acknowledged wis OF - Tree rum - and
that tn, will submit TO It's enforcement, as
other criminal laws, when the pubIc good
demands Ii not, 1t neod- no prophet To
'oIefel that two years hence The execution
Jt IN law will De Committed 10 a SPECIAL ret
1t ohio r., whose chief business aud whore
interest Will be 10 detect and put through"
violations of the hq rlr law, aad vino will
relieve ordinary cIt.zeus Ot any particular
responsibility or care IN regard O. its enforce
ment.
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