The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1890-10-09


should, IN addition to she usual fine af five dol
lars, be sentenced TO Imprisonment in the hous
81 correction Tor period 81 thirty days, ans
that discretionary power be vested 10 th,
nagistret. 10 Withhold the execution II snol
sentence Of Imprisonment, when. in HE opinion
the witness has without cquivoeatiou or eva
sion, disclosed as she statute requires, Sneh
sentence may AZ first seem harsh and nncalcd
Tor. The intoxicated person has usnall, been
looked npon more as an unfortunate victim u
appetite than as siulatnr Of Law. but, v hen il
/ appears that 20 his misfortune be has dclibrt.
aiey joined the the crime ~ perjury. all will
admit thar he has passed from the rralm u
pity, and should be vigorously dealt with.
With sacii discretionary power lodged in the
magistrate thef. can be no fear that simple
unfortunate inebriate will suffer from the In
creased penalty,
cHANcFRIsd or noSps
Another avenue of escape through which
guilty men escape the penalty Of imprisonment
and the other penalties provided by the law
for violation OF the same is that Of forfeit
Ing the coalition of bonds given for their APP
pearance for trial, and afterwards. through
their bondsmen making application TO the
court to CHANGER the same.
Section ,16a OF the nesised Laws provides
that such sureiies may file "a motion 90 ohancer,
and that rie court may hear the parties and
render judgment. This may be humane pro-
vision ~ some classes OF cases, but that il has
resulted in disaster in It's application to eases
arising under the statute relating 10 intoxi-
eating drinks can not be denied Under our
present system the presiding Judge in our
county courts comes 10 each county not oiiener
than in two years He IL not acquainted
with the men brought before him. Plausible
statements are made respecting the reason why
the respondent failed To take trial His
bondsmen mot infreqnently the counsel making
the statement is one of them make pitiful ap-
pesls for relief, and ii 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 10 the measure Of his
offence. The extent to which this evil has
proceeded may be illustrated by calling atten-
tiOn to two or three instances that have been
brought 10 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 prosecu-
tions under the liquor acts, He forfeited his
bail in each Of them, and so avoided trials and
convictions The states attorney, as n duty
bound, caused writs OF scire faciaS 10 issue
against the respondent and his bundsmen which
were entered ut the next term of court In
each OF these cases u motion to CHANGER was
filed. In the mean time the respondent had
continued his unlawful traffic and at the last
named term OF court was convicted in three
distinct eases in which he was charged with
Illegal sales. In face of the fact that he was
an old offender and that since the forfeiture of
the bonds. MS aforesaid, he had persistently
followed this illegal traffic. the court before
whom he was convicted cbancered the bonds
forfeited at the previous term reducing them
from the sum OF four hundred dollars 10 the
sum OF thirty dollars. Thus encouraged this
|
profitable business Another man, also a we'll
known yoator OF The law. was convicted AZ
SINGLE term OF court under two charges of
maintaining nuisance, and one charge growing
oit OF the disclosure OF an intoxic lted person
yet, in the face OF established guilt the court
chancered bonds forfeited bythis man at pre-
yious term from the sum Of four hundr d dol
lars to the sum of twenty dollars. and the
respondent continues his business with an as
surance Of undisturbed peace After full
consideration OF this subject, ] am satisfied
that the right 10 CHANGER bonds given IN liquor
cases shonld be taken from the court. In other
classes OF crime there is not 50 much danger
that the proofs against the respondent can. or
will be. dissipated by "a delay of six months,
and II in such cases the bondsmen produce
their principal in court there is eunity 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-
pcrience has proved that delay Of six months
ordinarily results in an acqnittal, and even
though the bondsmen 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 50 wanting that he
usually goes free, or is let of ON a triing pen
atty. Let the bonds be enforced and am sat
isfied that the practice of forfeiting them will
cease in all cases save those where 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 10 continue it
another six months. In this connection ! com
mend 10 the consideration Of the general ASSEM-
bly, the fact that in the United States courts
he power to CHANGER bonds given by way of
'ecognizance Is not recognized by statute, nor
BY the published rules Of practice, and | feel
confident that denial Of this right 10 our
'ouris, in all cases arising under the liquor
avs of the state, will aid materially in the adj
Of Justice and will work no wrong
o any individual.
NUISANCE ACT.
Another obstacle and one 10 my mind one
Il the most serious, 20 the successful enforce
nent Of the law, is the construction that some
Il the Judges Of our supreme court have placed
pon the so-called nuisance act a statute bet
er suited TO the purpose Of really closing the
{ our laws. Section 1896 OF the Revised
Avs provides that every saloon restaurant,
rocery, cellar, shop, bilard-roorn, bar room,
nd every drinking place on room used as
lace Of resort, where Intoxicating liauor is
sold, furnished or given away. or
spt for selling. furnishing or giving away un-
awfully, and every place or room resorted 10
Or gambling. shall be held to DE a common
uissnce, occupied IN violation Of law Sub
sqnent sections Of the statute provide that
hen there has been any violation Of the law
any one of the places named in the section
uoicd, N. court shall adindge such place 90
e a common nuisance, and the same shall be
iut up and abated by order Of the conrt. aud
" officer serving such order u directed 10
psi on the door or main entrance y 10 such
lace a notice that the same il closed, and
ich place can not thereafter be- opened ~ the
srson convicted until be files bond that he
~ not again engage 10 the unlawful traffic,
II the parties engaged 10 liqHorssIling or
ambling never occupied hut one room IL 10
ing there would be- little aiiieniy n fal-
wing the statute and IN closing places Of that
lartctsr but IN almost every instance when q
srson Is about 10 engage In iqnoresling. his
,ens what Is called a grocery. IL which be
seps stock Of goods which age can not tar
sh. and 10 addition 10 the room where the
'ods are kept. and connected herewith. he
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