Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1890-11-06

III the usual ufle OF nVe dol
lars, be sentenced to imprisonment in the house
OF correction for period of thirty days: and
that a discretionary power be vested in the
magistrate to withhold the execution of such
sentence of imprisonment, when, in his opinion.
the witness has without equiyocation or eva
sion, disclosed as the statute requires. Such
sentence may at hrst seem harsh and nncalled
for. The intoxicated person has usually been
looked upon more as an unfortunate victim of
appetite than as a yiOlator of law; but when it
appears that to his misfortune he has deliber-
ately joined the the crime Of perjury. all will
admit that he has passed from the realm Of
pity and should be vigorously dealt with
With such a discretionary power lodged in the
magistrate, there can be no fear that a simple
unfortunate inebriate will suffer from the in
creased penalty.
cHANcERING OF BONDS.
Another avenue of escape through which
guilty men escape the penalty of Imprisonment
and the other penalties provided by the law
TOR a violation of the same is that Of forfeit
ing the condition of bonds given for their APP
pearance for trial, and afterwards. through
their bondsmen, making application to the
court TO CHANGER the same.
Section ,163 of the Revised Laws provides
that such sureties may file motion to CHANGER
and that the court may hear the parties and
render Judgment This may be humane pro-
vision IN some classes OF cases, but that it has
arising under the statute relating TO intoxi-
eating drinks can not be denied Under our
present system the presiding Judge in our
county courts comes to each county not oftener
than once IN two years. He is not acquainted
with the men brought before him Plausibla
statements are made respecting the reason why
the respondent failed to take trial. His
bondsmen mot infrequently the counsel ma king
the statement is one of them make pitiful an
peals for relief; and il often happens that
man who should have been imprisoned for his
crime not only escapes that disgrace by the
payment Of money, but by the payment Of
sum grossly inadequate TO the measure Of his
offence. The extent TO which this evil has
proceeded may be illustrated by calling atten-
ton 70 two or three instances that have been
brought to my notice of the exercise Of this
discretionary power ON the part of the courts
At recent term in one of our counties a man
stood as respondent in three criminal proseeu-
tons under the liquor acts. He forfeited his
bail in each of them, and so avoided trials and
convictions. The states attorney, as in duty
bound, caused writs Of Scire Jacias to issue
against the respondent and his bondsmen. which
were entered AZ the next term Of court. In
each OF these cases motion to CHANGER was
HE'D. In the mean time the respondent had
continued his unlawful traffic. and al the last
named term of court convicted in three
distinct eases in which he WAS charged with
illegal sales. In face of the fact that he was
am old offender. and that since thesforfeitnre of
the bonds. AS aforesaid. he had persistently
followed this Illegal traffic. the court before
whom he WAS convicted chaneered the bonds
forfeited az the previous term. reducing them
from the sum Of four hundred dollars TO the
sum OF thirty dollars. Thus encouraged this
man H. | am informed. still conducting a most
profitable business Another man. also a we'll
known yiolator of the law. was convicted al a
single term OF court under two charges of
maintaining nuisance, aud one charge growing
al lefaflrf 4nf an into aftIr
yet. in the face of established guilt, the I-s.sf
chancered bonds forfeited by this at a pre-
Nious term from the sum of four hundr a doll
lars 70 the Of twenty dollars. aIMRthe
respondent continues his business with XAss-
surance Of undisurbed peace. After a full
consideration of this subject. l am satisfied
that the right 10 chancer bonds given in liquor
cases should be taken from the conrt. In other
classes Of crime there is not so much danger
that the proofs against the respondent can, or
viii be. dissipated by a delay OF six months.
and ii in such cases the bondsmen produce
their principal in court there is equity in their
claim that they should be relieved of the opera
ton Of the bond. the condition Of which has
been broken but in ordinary liquor cases ex-
perience has proved that a delay of six months
ordinarily results in an aequittal, and even
though the hondsmen surrender their principal
after such forfeiture. or he be brought in on a
bench warrant issued by the court, proofs Of
his guilt have become so wanting that he
usually goes free. or is let off on trifing pen
atty. Let the bonds be enforced and am sat
ished that the practice of FORGETTING them will
cease in all cases save those where a conviction
must be followed by imprisonment, and certain
Others where the business is SO prosperous that
the respondent is willing to pay the amount of
the bond for an opportunity TO continue il
another six months In this connection | com
mend to the consideration of the general assem-
bly, the fact that in the United States courts
the power TO CHANGER bonds given by way of
recognizance is not recognized by statute.
by the published rules of practice, and l feel
confident that denial of this right to our
courts in all arising under the liquor
laws Of the state, will aid materially in the adj
ministration Of justice and viii work wrong
to any individual.
NUISANCE ACT.
Another obstacle, and one to my mind one
of the most serious, to the successful enforce
ment of the law. is the construction that some
of the judges of our supreme court have placed
upon the so-called nuisance act, statute bet
ter suited TO the purpose of really closing the
saloon than any other now found in the volume
Of our laws. Section 1886 of the Revised
Laws provides that :" every saloon, restaurant,
grocery, cellar, shop. blliard-room. bar-room,
and every drinking place or room used as a
place of resort, where intoxicating liquor is
unlawfully sold, furnished or given away, or
kept for selling, furnishing or giving away I'M
lawfully, and every place or room resorted to
for gambling, shall be held to be a common
nuisance. occupied IN violation of law" Sub
sequent sections of the statute provide that
when there has been any violation of the law
in any one of the places named in the section
quoted. the court shall adjndge such place to
be common nuisance. and the same shall be
shut up and abated by order of the court and
the officer serving such order is directed to
post ON the door or main entrance to such a
place notice that the same is closed and
such place can not thereafter be opened BY the
person convicted until he files a bond that he
will not again engage in the unlawful traffic.
If the parties engaged in hquor-selling or
gambling never occupied but one room IN s,
doing. there would be little difficulty in fol-
lowing the statute and in closing places Of that
character; but in almost every instance when a
person is about to engage in liquor-seling. he
opens what Is called a grocery. in which he
keeps a stock of goods which age can not tar
nish. and in addition to the room where the
goods are kept. and connected Herewith, he