The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-21
Jlie gntland 9ailv Globe.
SATURDAY, MARCH 81, 1874.
SEARCHING.

SEARCHING.
Since the search Of a private house in
Rutland, under the law relating to the
traffic in Intoxicating drinks we have,
so TO speak, been ''dcluged" with en-
quires as to how far this matter could 90 );
whether, under the law, the house of every
individual was liable to he searched and
kindred enquiries We have been asked
these questions in private conversation and
by letter. the object of both, however,
being to obtain a public statement in re-
ference thereto. Our first thought was
that we would pay no attention to these
enquiries, but would the rather refer those
seeking information to some attorney
whose business it is 10 examine and under
stand the law, and give advice in reference
thereto. These requests have been so per-
,istenily made and the subject being one Of
general interest, we have concluded 10 OK
plain the subject so far us we understand
it. The moving catise which led US to this
'lltNit-t'll t!bt d tutlllltNNNt VIII tilt IL
quests Of so many correspondents -most
Of whom, by the way, are earnest tempe
rance mcn-was the reception Of the com
municalion published IN another column,
from respected citizen OF NIcndon, giving
an account of the recent "scarch" there
made. We do not, by any means, endorse
the toYc of the communication, and we
think, moreover, that the writer thereof is
mistaken as To the nature Of the complaint
majr. For certainly, if the complaint
WAS m1ie under the statute in question. il
woGll not cntiile any person, whether an
officer or not, TO search any building for
Intoxicating liquors. The forms fcr COM
iIdiHts and warrants are cNpi, llr laid
down in 'he statute. aud any material de-
Walton therefrom would invalidaic tie
warrant, render the justice who issued it
and the officers who pretended to execute
it, trcspasscrs. The search an seizure of
liquor in private houses il on the part Of
the complainants Il matter Of conscience;
on the part Of the officer matter of con-
science and judgment and on the pat Of
the magistrate, 4 matter of evidence This
we will explain as briefly as possible, by
reference to the provisions of the law t.
self
In the first place, then, in order to OBJ
tain warrant to search any place Whcth-
Ell it is private house, or drug store, Il
hotel, store, GROCERY, Il barn, or any
other buildng-three persons must be
found who are willing to swear under oath,
THAT they have reason to believe and do
believe that intoxicating liquor is kept or
deposited in such place "and intended for
sale, by any person not authorized TO sell
the same. 1t will be seen that this is en-
t!rcly a matter of conscience with the COM
plainants They may or may not believe
it, but they are answerablc only to their
own conscience. No man can say that they
did not SO believe, because we cannot eX-
anime the inner thoughts of any man. We
and tho magistrate are hound to take them
at their word-ther sworn belief. With
this complaint before him, Justice of the
peace has no discretion he must issue
warrant for search. The statute has.
however, wisely placed a guard, or intend
cd guard. around the proceedings of the
officer. Under the law, under his warrant.
in the sworn discharge of his duty, he can
only seize liquors when found under cir
cumstances warranting the belief that it is
intended for sale contrary" to law. The
object of this provision seems to be two
fold First to prevent the search of private
houses, and second to authorize the search
OF such residences where liquor is sold.
We all know that there aic many
such places in town, and such could
reasonably be searched and the ccrti-
ilcate made that it was found ''under
circumstances warrantng the belief" etc.
1t might trouble some persons to under
stand how such certificate could be made
or such belief be entertained in reference
to private house, where it is known that
liquor is not sold. This. however as we
nave said, is matter of judgment and
N'HoN'SHNV WIN tic oulCCl, We knew an |
oiliceroncc, who claimed that he could. and
stated that he should. seize liquor ordered by |
a physician for sick person and "A justice
OF the peace who decided that he should
order its destruction. Happily those men
are out of Office and, we trust those days
are passed. When the justice comes to
adJndicato the case, the law requires that
HE fact that the liquor 50 found was kept
for sale contrary to law must be shown shy
satisfactory evidence" What is ''satislac-
tory evidence the justice must determine
Justices have been known to decide that no
evidence to the contrary was satisfactory
evidence" Thus, in effect, deciding that
no evidence was satisfactory evidence"
We know not how it is now. but we trust
that this day, too, is past. We have en-
dearored to explain this matter in as few
words rs possible. 1t is and must be in the
first place "A matter Of conscience, then of
conscience and judgment combined, and
lastly of satisfactory evidence