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


at the public expense.
He bases his argument In favor of such
recommendation upon the broad proposition
that the education of the masses is absolutely
essential to the safety of the state and the
United States that it is, indeed, public ne
cessity and that the state in recognition of
this principle, has established system which
Is compulsory in almost every feature. and in
which little that is optional can be found and
he claims that the spirit the constitution. as
well as its letter, requires that, inasmuch as
society is protected IN its enjoyment of life
liberty and property in thousand fold greater
decree by education than through its iails and
prisons, every member is bound to contribute
his proportion toward the expense Of that pro-
lection, and that until taxation for the support
OF those schools in which are taught the re-
CURED English branches is substantially equal
lied among the towns and among the districts,
the state has subjected a portion of its citi-
zens, and those least able to bear IT, to unjust
hardship. Time will not permit me to review
his argument. Its material is drawn from
every source, his facts are clearly stated, and.
10 my mind, his logic is unanswerable A more
valuable report has seldom, if ever, been pre-
sented TO Vermont Legislature and bespeak
for IT the consideration il so richly deserves.
THE LIQUOR QUESTION.
In my first message to the general assembly
called attention 10 the fact, as it seemed TO
strengthening of public sentiment in favor of
the enforcement of the statutes relating TO the
trafile IN Intoxicating liquors. and that in lo-
calities where in the past few convictions could
be procured the law then found ready support
ers aud was easily enforced: and that the chief
difficulty encountered by the prosecuting Off
GERS was found in the more populous commune
ties. la this respect have had no reason to
change my opinion, and extended observation
has convinced me that the proper enforcement
OF the law in the central localities would result
IN ITS perfect enforcement in every town in the
state. 1t stands TO reason that il men engaged
IN the traffic in such communities are seen to
be successful, not only in evading the proyi-
sons of the law. but in accommodating hand
some properties, weaker men in smaller places
will be stimulated and encouraged to make
like effort though upon smaller scale. Ii,
on the other hand. the business is attacked and
driven out of its strongholds it will be aban-
doned in it's more exposed positions.
Much Of the opprobrium that has been east
upon the law has been the result of failure in
limited number Of the larger places TO have
il impartially and vigorously enforced The
men there engaged IN the traffic differ from
those in The smaller places in that they make
il their chief and only business. They are
men who are ealloused 10 all sense Of right
and wrong; they enter into criminal occupa-
ton with deliheration, they pursue il persist
entity, and they adopt the most desperate meas
ures 10 shield themselves from It's penalties;
20 avoid the operation Of the law, they do not
hesitate TO commit perjury and often suborn
others 20 do the same; their crime is of that
order that can find no justification. nor has it
even the excuse Of hot anger or other evil pas
sions that may be urged by those whose Of
fences are often followed by long terms in the
state prison. Ii seems TO me that in the past
these men have been dealt with too leniently,
both by the law-making power and the courts.
and that every subtertnge beneath which they
take refuge and every through which
they attempt 10 escape should be carefully
anined and exposed.
IL is a matter Of notoriety and one viewed
with fear and shame by all thoughtful citizens
that. at every term Of our courts. men who are
called As witnesses in these eases commit per
jury. apparently without so much As thought
that they are guilty Of crime. or that there is
a possibility that they may be prosecuted
therefor. Their guilt is patent to all and the
conclusion can not be avoided that = conviction
must follow IL the witness be prosecuted for
perjury. | apprrhend that the reason Why
this psactic has been permitted 10 assume such
great proportions lies IN the fact that no statu-
tory authority has been given to our courts 20
summarily order the arrest Of such m offender,
and in Discrimination on the part OF the prose-
cutting officers 20 proceed against him on ac-
connt Of the difficulty they encounter in franz
ing an indictment for perjury, which, at the
common law, is a laborious and painstaking
process.
The Importance Of having this evil remedied
leads me TO suggest the enactment of a statute
providing that when witness or a party legally
sworn and examined, or making affidavit,
in any court of record. testihes in such a
"A as TO raise a reasonable presumption that
he is guilty OF perjury, the court shall have
power TO immediately order him committed.
or TO take his recognizance with snfeties for his
appearance TO answer TO the charge of perjury.
and il shall be the duty OF the states attorney
to Immediately institute the prosecution there
for against him; and to aid the same end |
also recommend the adoption by law of a
simple form of complaint or indictment for use
in such case. as has been done in some of
sister states, thus Facilitating the work of the
prosecuting officer, and avoiding. the danger
that guilty parties may escape their Just de-
serts through technicalities in pleadngs. A
fair but vigorous exercise by the court and
prosecuting officer of the powers conferred,
would, in my Judgment. serve to rid eur courts
Of the scandal that has attended many attempts
to vindicate the law, and by extracting the
truth would make this army of witnesses,
which has stood as a shield of defence to those
engaged in violation OF the law, an instrument
Of justice.
In this connection permit me to also call your
attention to section 3.s14 of the Revised Laws
and those sections which Immediately follow
IL, which. in substance provide that when
person is found in such a state of intoxication
as to disturb the public or domestic peace he
may be arrested, and, when able properly to
testify, be brought before a magistrate and
compelled to disclose the place where. and the
person of whom, he procured the liquor produce
ing his intoxication, and upon failure to so dis
close may be committed to jail until he shall do
So Under this statute large bills of costs are
nually incurred in most counties of the state,
but the benefits intended to be derived from
such disclosures are not correspondingly great.
Experience shows that it is almost the uniform
practice Of persons so arrested TO attempt to
deceive the magistrates before whom they are
brought by pretending that they procured the
liquor causing such intoxieation of stranger
whose name was not known, or making some
other equally false statement. If the magis-
tIate. under such circumstances, commits the
respondent to jail. and permits him to remain
there until he realizes that the suhterfuge will
not prevail he usually stands ready to make
truthful disclosure. and does so. The magis-
trate then issues his warrant for the arrest of
the person furnishing such liquor, who. is