Middlebury register. (Middlebury, Vt.) 1886-1937, 1889-03-15
THE Town AND THE LIQUOR AGENCY

Editor Register AT our last town
meeting the selectmen were instructed
not to purchase any liquor to be used by
the town agent of Middlebury for the en-
suing year: also to sell the liquors now
on hand to some other town agent If it
could be legally done, and, if not, to take
the liquors from the hands of the agent
and store them away. This acton was
taken at the instance of two classes-tho
temperance and the anti-temperance peo-
pie. 1t is fair to presume that they were
actuated by different motives. Many
temperance people had become Disguised
with the management of the agency. be-
lieving that a large portion of the liquors
sold there were sold contrary to the pro-
visions of the statutes, and, overlooking
the fault of the selectmen, were disposed
to visit their sin upon the statute, regard
less of consequences. The anti-temper-
ance people favored this because they eX-
pected that the Inconvenience resulting
from an inability to procure liquor for
medicinal. mechanical and chemical pur-
poses in this town would be so great as to
create a public sentiment which would
demand the repeal of the prohibitory
law-so lightly is the sincerity and hon
esty of the temperance people esteemed
by this class. 1t was clearly shown that
there was Il deficiency in the agency ac-
counts of the last year amounting to 500
or $500 ut least, and possibly more or
less deficiency in previous years.
The desire to abolish the town agency
was so great that they would not adopt
any proper rule for the future conduct
of the business. Nor would they APP
point committee to investigate the ac-
counts until after they supposed the agen-
CIV was DESTROYED. The voters were adj
vised that it was not in the power of the
town to abolish the agency directly. so
they sought to accomplish this result by
indirect means, and this without thought or
consideration of the legality of the action.
1t would certainly have been well to have
considered section 1874 in chap. 169 of
the Revised Laws Of Vermont, which
reads Town agents shall not purchase
Intoxicating liquors at the expense or
credit of the town for which such agent
is appointed but the selectmen of the
town shall furnish the agents at the eX-
pense of the town such liquor; and they
shall fix the price at which it shall be
sold and the money received from such
sales shall be paid by the agent into the
treasury of the town when required by
the selectmen." Further provisions OF
the statute relating to the duties and pow
ers of the county commissioner should
have also been considered, wherein it i:
provided that he may IN his discretion
appoint town agents, and to have re
flected that duty would be imposed up
, on the selectmen to furnish the liquors tC
such agent, fully authorized and comply
, ing with all the provisions of the statute
t and it certainly would have been well t.
! consider the very serious risk the select
men would run of committing an indicta
BILE offence by neglecting such duty, il
accordance with the clear implications O.
the case of State VS.. Bartlett ct al, 4:
> Vt, p. Sc. Such hasty and inconsiderat'
action will, il illegal, bring the town in
to deserved contempt, and, if legal, ant
, the instructions of the town disObeyed
will add another bad example of the ig
, noring by town officers of the instruc
tons of the voters of the town (Which
has already been done so frequently as 4
cause officials to set aside the will of tn
voters upon the slightest provocation)
thus rendering the town voters pOwerles
, to restrain eXtravagant expenditure ant
, Kindred evils, under which the taxpayer
i already groan. If the temperance PEG
pie who sustained this action were con
y WINGED that an agency was needless TO
, the sale of liquors for legitimate purpOs
es in this town, and had no fear of arous
ing prejudice against the prohibitory law
they would have had a sufficient mOriv
!, for any legal action toward the aboltio
I of the agency. 1t would be matter O
: great rejoicing if such were the fact, an
D it would seem as if all such voters wer
y bound to use their utmost exertion fo
e the suppression of illegal sales. If thi
: could be done there would be good grOun
d TO hope that the ovcrburdened Taxpayer
of Mddlebury might find some compei
sation in our newly established characte
> as temperance town. 1t Is hoped theI
n is resolution and courage enough in tn
e temperance people to say that intoxicanl
I. shall not be Illegally sold.
l. HENRY S. FOOTE.