The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-11-05
A Lawyers Private Letter.

Lawyers seldom have anything to
say about the court before whom they
practice, for it is for their interest, no
doubt, to be on good terms with the
judges from whom they wish to win
favorable decisions; but lawyers know
more and could say more than any
other class of persons concerning their
fitness or unlitness for the Office they
hold. A Montpelier clergyman re-
Gently addressed note to lawyer in
that town, inquiring what he thought
of certain proposed amendments to the
prohibitory law. The attorney an
swered him that the amendments he
thought ought not to be made, but
added in a private letter few sugges-
tions, that we think ought to be pub
lished. He said
"What the legislature can and ought to
do is to elect judges of the supreme court
who will enforce the prohibitory law in the
same spirit as the legislature has enacted
il. Governor Dillingham; in his message to
the legislature says, i'll substance, that the
Judges do not enforce the law as they ought,
and recommends certain changes in the
law which should be needed and consid-
cred. The most effective action the legisla-
ture could take, at the present session. TO
strengthen the prohibitory law, would be
to elect Governor Dillingham;, jealous for
the success of the law, to a seat on the
bench"
He believed Judge Ross, at least,
should be retired, for the following rea-
sons:
Judge Ross held a term of county court re-
cent? at Montpelier. He came from the good
town of st. Johnsbury with the understand
ing that his decisions under the prohibitory
law were such as to impose a wholesome
restraint upon offenders and never suffered
a guilty man to escape But disappOnt-
ment followed. The cases were disposed of
to please only the rum-seller. NOlie pr0Sequi
was entered in case after case. Small fines
if any, We're imposed, and bail usually
ChanCered to nominal sum. The flood
gates of the liquor traffic We're opened in
Washington county. Montpelier has not
yet fully recovered from the baneful effects
OF his maadministration of the law and the
| rum-selers of Montpelier to-day, are the
only persons who speak in praise of Judge
Ross court. You may not think it, but the
! Justice courts generally administer the law
with tirmer hand than the higher courts of
| the state. 1t was not always so, but appeals
are taken to the higher courts where the re-
spondents get the benefit of the lax adj
! ministration of the law there existing |
would not deny the right of appeal, but |
would have an appellate court that would
| enforce the law to accomplish the end in
tended, to prohibit the sale and suppress
the traffic. The court treats small dealers
from small towns with substantially the
same fines and penalties as they do the rich
| powerful aud longtime offenders from the
! large towns, while the law contemplates, in
every case, a punishment sufficient to sup
press and not to license the traffic. | would
! not take away the entire discretion of the
| judges in such cases, but the legislature
| might enact law declaring that when the
| state has borne the expense incident to a
! trial by jury, and obtained II verdict of
! guilty, that the court shall impose nothing
| less than the extreme penalty of the law.
Again, where a respondent has more than
one case pending in the same court, at the
same time, for violations under the pro-
| hibitOry law, or on bail forfeited in cases
growing ont of said law, nothing but the
maximum penalty should be accepted by the
court. If the legislature would elect men
for judges who are in hearty sympathy with
the law, who would fearlessly administer il
according 10 the wishes of the great ma
iority of the people of this state, and towns
and counties elect prosecuting officers of d
like stamp, it would soon down the cry thai
prohibition does not prohibit"