St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1889-03-21
VERMONToS CIDER LAW.

he FARMERS on the west size Oh TIC
mountain are losing their temper as
they are gradually made acquainted
with the intent and purposes of the
laws of the last Legislature, and a
large number of them are giving vent
to their feelings through the columns
of the Rutland Herald The cider
clause in the liquor law is the especial
object of their wrath, which culmi-
mates in many instances III an open
declaration for high license. Up in
Addison county the change in senti-
ment is particularly noticeable, in
Guiding as it does the opinions of
some of the prominent politicians of
that section as well as large num-
Der of well-knowr farmers. The SEN
timent in some of the other counties
is no less emphatic, the most vigor-
Gus protests coming from the farmers
who declare that the law was enacted
by lot of theorists to rob them of a
profitable income from the sale of
sweet cider. Ex.Judge Barrett has
been led to declare his views regard
ing the force of the ''fermented cider
amendment, and his opinion will
be read with much interest. This is
what he SAYS in substance:
Before the recent amendment in
Guiding "fermented cider in the
phrase Intoxicating liquor" in the
first paragraph of section $500, re-
vised laws, the only prohibition
against cider of any kind, was the
sixth paragraph of that section which
prohibits selling or furnishing cider
| or far,,1ar,ta1 1iD,nr in VIct IL
aling house, tavern, grocery, shop,
ual drunkard' 1t seems to me that
that amendment puts 'fermented
cider under the same prohibitions
and penalties as any other kind of
intoxica ting liquor, and leaves cider
not ferrnented as free from prohibi-
ton and penalty as it was before the
amendment All grounds for doubt
or question as to this would have
been avoided, if the fifth paragraph
of that section had been amended by
inserting the word unfermented'
| before the word cider in that para
graph 1t seems to me that specify
ing ferlnented cider as prohibited
in an amendment of the first para
graph, leaves the word cider" in the
fifth paragraph limited to cider not
fermented BY the expression FER
mented cider" in the amendment OBJ
viously something was designed to
be designated differing in quality and
effect from what was to be meant,
after the amendment, by the word
cider" without qualifica ton in the
fifth paragraph Cider, as it is man
ufactured, and before it becomes fer
mented, may well answer the com
mon meaning of the single word ''ci-
der" without qualification in the
fifth paragraph. According to a
familiar rule of construction, the eX-
press designation of ''fermented CT
der as prohibited in the first par
agraph, implies that cider not fer
mcnted, is not prohibited.
From the statute as it was before
the amendment, in connection with
the amendment, the intent of the
Legislature seems plaln-namely, to
put "fermented cider" under prOhlbi-
ton as Intoxicating liquor, while
cider, not fermented, was to remain
as it had been prior to said amend
ment. l add that the prohibition i'll
the first paragraph of section $500 Is
only against Intoxicating liquors.
The expression in the beginning OF
the first paragraph-namely-'e
cept as otherwise provided, applies
only to the manufacture, sale, fur
nishing or giving away of ''intoXl-
eating liquors" of some kind. All
the special provisions in the statute
under that exception are confined to
sale and furnishing by town agents
and to giving away at private dwell
ings AS 'fermented cider is intoXi-
eating liquor by express designation
of statute, it stands the same as to
special provisions under that excep-
ton as rum, whisky and the like
AS to 'fermented cider" there is nc
special provisions beyond or different
from the special provisions as to rum
and other Intoxicating liquors. As
cider, not fermented, is not intOXi-
eating liquor within the statute
that expression, Except as otherwise
specially provided" does not en-
brace, nor have any application to
cider not fermented. Such cider is
free for manufacture, sale, furnishing
or giving away, without prohibition
or penalty except as prohibited by
said sixth paragraph of section $500
above quoted. That paragraph
seems to have been designed, by a
prohibition of the articles named
without discrimination as to grade
quality or effect, to preclude and
avoid any and all ground or occasion
for question that might otherwise
exist or be claimed, as to whether
the cider or fermented liquor in the
given case was Intoxicating or not
Il Brattleboro Letter in Springfield
Republican.