St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1882-01-20
The Enforcement Of the Liq-
uOr Law.

We mentioned last week some of the
difficulties which are met in an effort
to secure the enforcement of the pro-
hibitory law. There are other Obstruc-
tions quite as serious as those already
pointed out.
1t has always been to us inexplicable
how it is that when convictions were
secured the offender escaped the rigOr
of the law. There is no other statute
which furnishes remedies of such tho
rough and efficient nature. For sec
ond conviction the penalty is twenty
dollars for each offence proven, and
costs, and imprisonment in the county
Jail for one month for a third, or any
subsequent conviction, the offender
shall forfeit for each offence, twenty
dollars and costs, and he imprisoned
not less than three months. Under
another section of the statute, he may
he fined and imprisoned and his place
of business closed till a bond in the
sum of not less than three hundred
dollars be given, conditioned that he
will not thereafter commit a like Of
fence. Still another section provides
that person against whom more than
five offences can be proved, shall be
deemed common seller, and shall he
fined for the first offence one hundred
dollars and costs, and for each suisse
quent conviction shall forfeit two hun
bred dollars and be imprisoned for not
less than four nor more than twelve
months.
1t is easy to see that the statute fur
nishes abundant facilities for the sum
mary suppression of this Internal traffic.
Men will sell liquor so long as it is
profitable. 1t becomes Improbable
when the penalties enforced exceed
the profits. 1t becomes Improbable
and unpleasant when the law lays its
strong arm on the person of the offend
er and impriSOns him and closes his
shop. We have often wondered why
these more rigorous penalties were not
resOrted to, Is it because public sell
timent does not approve of such sever
ityP For other offences where the
penalty is incarceration offenders are
imprisoned. Why not for those of
this natureG
Upon inquiry we have learned that
rarely tbar,. haS h.au "a nrnSarutinn fnr
second offences, but no convictions, be
cause they are never brought to trial.
There is an easier way out of the di-
lemma which Il lawyer for fee will
point ont. 1t is the securing bail for
the offenders appearance for trial at
some subsequent time, which time new
CT comes. In the meantime the man
who has set the law ut defiance pur-
sues the even tenor of his way, contin-
uing his traffic perhaps, with Il little
more caution, till the case is forgotten
by the public, when the prosecuting
officer valiantly insists upon the dis
posal of the case, and the offender not
appearing, his bonds are declared for
feited. Why did not the violator of
the law appearG He did not want to.
Why did not the law make him appear
and submit to its penaltyG 1t did not
want to. Even now is he discharged
Not at all. The payment of the for
feited bond does not satisfy the offend
ed law. Its payment is the penalty for
the Disappearance of the offender,
and the offence is not thereby condOn-
ed. Does the offender then still stand
charged with the crime Most Ger
tainly. Why then is he not brought to
trial ? To this inquiry our informant
could only repeat the words of Lord
Dundreary- is one of those
things which no fellow can find OUT
So it turns out, that in our effort to
ascertain how the majesty of the law
was indicated, we had pressed our in
quiries one step too far. Failing of
the desired information from the
sources from whence we supposed
it could be had, we set our
selves tn the solution of this intricate
problem, and we give our readers the
benefit of the solution. 1t is easy now
to see how we were misled. One ele-
ment was omitted i'll our consideration,
which supplied, clears up the difficulty
Mt once. 1t is one of those instances
where justice IN rery fact sits with
closed eyes. Or to put it without met
aphor, from long custom it has come to
be understood that when bail is fixed
it is in the nature of an alternative
sentence, and when the law breaker
has paid this penalty he has discharg-
ed his obligation and the indicated
law is satisfied. This is the only con-
clusiOn we can reach. OF course when
we look at it in certain light, there
is an apparent absurdity. But then
we must not look at it in that light,
and we get along with it well enough.
Because it isn't going to do in so many
words To say, that the law will COM
pouhu Cllihe Win bHc CILlludi anu
say to him, it is true | have said you
shall be imprisoned for so many months,
or years, as the case may be, if you vio-
late my requirements, but in this par
ticular instance if you choose to pay
such or such sum of money | will con-
done the offence. OF course this won't
do, for by and by some one who for
some reason has lost that reverence
which every good citizen should have